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HomeMy WebLinkAbout2010-07-20-6:00PM-REGULARBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 20 JULY 2010 AT 6:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Peters. 2. Call for citizens' input and/or concerns. Consider and take action on agenda items 3 — 25: 3. Appointment of Bill Kelly to the Local Workforce Development Board representing Rehabilitation; term of appointment is 8 -15 -2010 to 8/30/2013. 4. Permission to add Michael D. Sammons to Brazos County's list of vendors who are exempt from competitive bidding requirements under section 262.024(a)(4) of the Local Government Code. 5. Authorization for the County Attorney to negotiate a contract with Michael D. Sammons for the preparation of a RFP for Pharmacy Benefits Manager and consulting. 6. Approval and Ratification of the contract with Madison Construction LP for the replacement of the North Face and stabilization of the south, east and west exterior walls of the Brazos County Courthouse, a Discretionary Exemption Order, as an item necessary to preserve or protect the public health or safety of the residents of Brazos County. Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361 -4503 Vol. i P9. VA a Commissioners Court Agenda 20 July 2010 Page 2 Agreement with the Brazos Valley Arts Council for Fiscal Year 2010; amount of funding is $10,000.00. Amendment Three to the Texas Juvenile Probation State Financial Assistance contract 2010 -2011 Biennium. Amendment Four to the Texas Juvenile Probation State Financial Assistance contract 2010 -2011 Biennium. 10. Memorandum of Understanding with McLennan County for the housing of detained juveniles in the event of a need to evacuate either county's secure juvenile detention facility; this is a reciprocal agreement. Term of agreement is 6/01/2010 through 5/31/2011. 11. Establishment of a Steering Committee for the development of rules and bylaws for a Fair Association (to be named at a later date), a tax exempt organization under section 501 (c)(3) of the Internal Revenue Code, with the following membership: a. Tom Quarles e. Barron Hobbs b. Jim Mazurkiewicz f Bill Ballard c. Commissioner Peters g. Irene Jett d. Jim McCord 12. Commissioners Court minutes for the following 2010 dates: a.. 1 June Regular Meeting g. b. 1 June Workshop Session h. c. 3 June Public Hearing i. d. 7 June — 1 July Budget Workshop Session j. e. 8 June Regular Meeting k. f. 15 June Regular Meeting 13. Tax Refund Applications for the following: a. Taiwan S. & Shelia D. McQueen b. Barbara Buchanan Hudson c. Kenneth M. & Kathryn Hamilton d. SCS Real Estate Investments e. Gary Goodall 18 June Public Hearing 22 June Regular Meeting 29 June Regular Meeting 29 June Workshop Session 29 June Special Meeting f LSI Title Agency, Inc. g. Home Loan Services h. Arthur & Velia Saenz i. Guadalupe & Delorie Arredondo j. Andrea D. Payton 14. Capital Manual Requisition in the amount of $42,682.31 to Caldwell Country for the purchase of two (2) vehicles for the Sheriff's Office using funds from grant # 1986103. 15. Capital Requisitions 00029971 and 00029974 in the combined amount of $1,011.64 for the purchase of construction supplies by the Building Maintenance Department for the County Administration Building North Wing Project. 16. Capital Manual Requisition in the amount of $8,550.87 to Cardinal Health for a Diagnostic Integrated 767 Panop Wall System for the Brazos County Jail Expansion. i 9-3 Vol.— P�' Commissioners Court Agenda 20 July 2010 Page 17. Capital Manual Requisition in the amount of $5,000.00 to CME Testing & Engineering for the materials testing associated with the Courthouse Renovation Project. 18. Capital Manual Requisition in the amount of $12,800.95 to Plastocon, Inc. for the purchase of insulated trays and drying racks for the Brazos County Jail Expansion. 19. Requisition 00029963 in the amount of $5,000.00 to S -Con Services, Inc. for the inspection and repair of generators for the Risk Management Department. 20. Change Order in the amount of $29,124.65 to P.O. 10003619 to Patterson Architects for the Courthouse Renovation Project; this change order includes emergency investigation and repairs to the existing precast concrete panels for the health and safety of the general public. Total contract sum is now $477,107.44. 21. Permission to accept a price quote of $64,990.00 from First Line Technology for the purchase of two (2) AmbuBus kits for the Brazos County Health Department, using funds from a public health preparedness grant. 22. Request from JM &M Farms to construct a road bore for 10" steel pipe water line installation in the right of way of White Switch Road approximately 2.3 miles from its intersection with FM 2154. Site is Located in Precinct 1. 23. Budget Amendment 09/10 — 40.1 thru 40.6. 24. Personnel Change of Status. 25. Payment of Claims. 26. Acknowledgement of the Monthly Reports submitted in June 2010. These reports are available for review in the County Judge's Office. 27. Announcement of interest items and possible future agenda topics. 28. Call for citizens' input and/or concerns. 29. Agency / Board / Committee reports by Court members. 30. Adjourn Vol - c� Pg' ( - Commissioners Court Agenda 20 July 2010 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: I. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Pg. =-� COMMISSIONERS' COURT REGULAR MEETING JULY 20, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, July 20, 2010 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The County Judge deviated from the agenda and considered agenda item 23 first. The Court considered Budget Amendment #09/10 -40.1 through 40.6, which would reallocate funds for County Court at Law #1, 361st District Court, Community Supervision- Support, Jail Expansion 2007 (2), and Juvenile Vol 155 Page 1'5 0 Commissioners Court meeting July 20, 2010 2 Services. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the appointment of an individual to serve on the Local Workforce Development Board representing Rehabilitation. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to appoint Bill Kelly to serve on the Local Workforce Development Board representing Rehabilitation for a term beginning August 15, 2010 through June 30, 2013. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(4). The Commissioners' Court determined that there is a need to exempt vendor Michael D. Sammons from competitive bidding requirements for fiscal year 2009 -2010. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements. The next matter for consideration was authorization for the County Attorney to negotiate a contract with Michael D. Sammons for a RFP for a Pharmacy Benefits Manager and consulting services. On motion by Commissioner Peters, Vol (35 Page 1131 Commissioners Court meeting July 20, 2010 3 seconded by the County Judge, the Court voted unanimously to authorize the County Attorney to negotiate a contract with Michael D. Sammons for a RFP for a Pharmacy Benefits Manager and consulting services. The next matter for consideration was approval and ratification of the contract with Madison Construction LP for the replacement of the North Face and stabilization of the south, east and west exterior walls of the Brazos County Courthouse, a Discretionary Exemption Order, as an item necessary to preserve or protect the public health or safety of the residents of Brazos County. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve and ratify the contract with Madison Construction LP and authorized the County Judge to execute the document. A copy is attached. The Court next considered an Agreement for the Payment and use of Brazos County Funds with the Brazos Valley Arts Council for Fiscal Year 2010. The Arts Council provides programs involving education, cultural enrichment and heritage preservation of and for Brazos county residents and visitors. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to pay to the Arts Council a total payment of $10,000.00 for the year Vol 135 Page Commissioners Court meeting July 20, 2010 4 beginning October 1, 2009 thorough September 30, 2010. A copy is attached. The next matter for consideration was Amendment Three to the Texas Juvenile Probation State Financial Assistance Contract 2010 -2011 Biennium. This is due to new state mandates requiring juvenile probation departments to report on the use of funds from newly funded grants. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve Amendment Three to the Texas Juvenile Probation State Financial Assistance Contract 2010 -2011 Biennium and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was Amendment Four to the Texas Juvenile Probation State Financial Assistance Contract 2010 -2011 Biennium. This is necessitated due Brazos County Juvenile Services operating summer school for the Juvenile Justice Alternative Education Program (JJAEP). It will allow the county to be reimbursed by TJPC a daily rate of $79.00 per every mandatory expulsion that attends the summer school program. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve Amendment Four to the Texas Juvenile Probation State Financial Assistance Contract 2010 -2011 Biennium and Vol 135 Page 133 Commissioners Court meeting July 20, 2010 5 authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a Memorandum of Understanding (MOU) with McLennan County for the reciprocal housing of detained juveniles in the event of a need to evacuate either county's secure juvenile detention facility. Either county may charge the evacuated county a daily fee of $100.00 per juvenile if the stay exceeds fourteen (14) days. For stays that exceed 28 days a separate MOU may be initiated by either party. The term of the agreement is June 1, 2010 through May 31, 2011. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the MOU and authorized the County Judge to execute the document. A copy is attached. The Court next considered the establishment of a Steering Committee for the development of rules and bylaws for a Fair Association a tax exempt organization under section 501(c)(3)of the Internal Revenue Code. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to appoint the following individuals to serve on the committee: a) Tom Quarles, Director of Special Events Facilities b) Dr. Jim Mazurkiewicz, Director of the AgriLife TALL Program Vol 13-b Page 13-4 Commissioners Court meeting July 20, 2010 6 c) Commissioner, Precinct 2, Duane Peters d) Jim McCord, e) Barron Hobbs f) Bill Ballard, Civil Counsel g) Irene Jett, Budget Officer The Court next considered approval of the minutes of the Commissioners' Court meetings held in June 2010 on the following dates: Regular Meetings - 1st 8tH 15th 22nd 29tH Public Hearing - 3za 18th Budget Workshop Session - 7th - July 1 Workshop Session - 29th Special Meeting 29th On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Taiwan S. & Shelia D. McQueen, over payment $188.01 b) Barbara Buchanan Hudson, over payment $228.93 c) Kenneth M. & Kathryn Hamilton, over payment $94.39 d) SCS Real Estate Investments, over payment $81.61 e) Gary Goodall, over payment $200.00 f) LSI Title Agency, Inc., over payment $26.34 g) Home Loan Services, over payment $299.99 h) Arthur & Velia Saenz, over payment $5.02 i) Guadalupe & Delorie Arredondo, over payment $50.00 j) Andrea D. Payton, over payment $16.19 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund Vol 135 Page 13.6 Commissioners Court meeting July 20, 2010 7 applications. The Court next considered approval of a manual requisition in the amount of $42,682.31 to Caldwell Country for the purchase of two (2) vehicles for the Sheriff's Office. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The Court proceeded to consider two requisitions 400029971 in the amount of $648.00 to MCS Door & Hardware and #00029974 in the amount of $363.64 to ISC Building Materials Inc.for a combined total of $1,011.64 for the purchase of construction supplies to be used on the North Wing Project. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the two requisitions. The next matter for consideration was a capital requisition in the amount of $8,550.87 to Cardinal Health for the purchase of a diagnostic integrated 767 panop wall system for the Brazos County Jail expansion. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered a capital requisition in the amount of $5,000.00 to CME Testing & Engineering for material Vol (35 Page 136%, Commissioners Court meeting July 20, 2010 8 testing on the Brazos County Courthouse Renovation Project. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the requisition. The next matter for consideration was a capital requisition in the amount of $12,8000.95 to Plastocon, Inc. for the purchase of insulated trays and drying racks for the Brazos County Jail Expansion. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court proceeded to consider requisition number 00029963 in the amount of $5,000.00 to S -Con Services to inspect and repair generators. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered a change order to PO# 10003619 in the amount of $29,124.65 to Patterson Architects. This is for the Courthouse Renovations and increases the sum to $477,107.44. The change order includes emergency investigation and repairs to the existing precast concrete panels. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the change order. Vol 135 Page I3-� Commissioners Court meeting July 20, 2010 M The next matter for consideration was a price quote and requisition in the amount of $64,990.00 to First Line Technology for the purchase of two (2) AmbuBus Kits for the Health Department. This purchase is being paid for by a grant from a public health preparedness grant. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the price quote and approve the requisition. The Court next considered the request from JM &M Farms to construct a road bore for a 10 inch steel pipe water line installation in the right -of -way of White Switch Road approximately 2.3 miles from its intersection with FM2154 in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from M &M Farms and authorized the installation. A copy of the request is attached hereto. Item 23, Budget Amendment 09/10 -40.1 through 40.6 was considered at the beginning of the meeting. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Vol 135 Page 139 Commissioners Court meeting July 20, 2010 10 Commissioner Peters, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7076552 through 7076893 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The Court acknowledged receipt of the Extension Service reports submitted in June 2010 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Tax Assessor /Collector Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. Vol 13� Page 139 Commissioners Court meeting July 20, 2010 11 There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk a) There are 595 inmates in jail, 47 are on electronic monitors and 45 are pending for monitors There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol )'3] Page 1 *0 The foregoing minutes of the Commissioners Court meeting held July 20, 2010 have been examined and are approved in open Court this the i day of Lx,, - 2010, in Bryan, Brazos County,_Texas. Randy S County, Duane Peters Commissioner, Precinct 2 Commissioner, Attest: 4Le--li-6 Z�- a n McQueen County Clerk Vol 135 page 1 4 f LloydtWassermann Commissioner, Precinct 1 DL Kenny Malla Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on __(11,e gda, , 2010 Name Organization / Department pql 0 L tl �L Bcc Pc-� ou J / PAGE t of i4a Pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 40.1 thru 40.6 On this the 2& day of July 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 20 July 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas', and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen /conditions which could not be reasonably included in the original budget adopted 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 20t° day of July 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 143 Vol.- 1_ 3 5 — Pa. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 40.1 w7nigni n FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000100 51641000 CR Visiting Jud es 406.00 0100 23000200 53100000 CR Social Security 398.00 0100 23000200 53800000 DR Worker's Compensation 8.00 CCL # 1 Administration & CCL #1 Judicial Support: Reallocation of funds to correctly budget for benefits associated with Visiting Judges for CCL 4 1. 11 e ;<: " 1N VA 135 Pg -� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 40.2 7113/2010 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 22200100 51641000 CR Visitin Jud es 351.00 0100 22200100 53100000 CR Social Security 27.00 0100 22200100 53800000 CR Worker's Compensation 1.00 0100 22200200 51641000 DR Visiting Judges 351.00 0100 22200200 53100000 DR Social Security 27.00 0100 22200200 53800000 DR Worker's Compensation 1.00 District Court - 361st Administration and Judicial Support: Reallocation of funds to correct! y account for Vistin Judge's salaty and benefits. a Vol. 13,5) Pg.- 1 �}S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 40.3 712 012 01 0 FUNDI DIV ACCT PROJ DR/CR1 ACCOUNT NAME Increase Decrease 0100 26001000 60360000 CR Furniture 611.00 0100 26001000 67286000 DR Equipment - Other 611.00 Communi Su er -Support: Reallocation of funds to purchase a drop safe that will be installed by the Maintenance department in the new building. Maintenance has offered to store it until it can be installed in the new building. If this budget amendment is approved the request for a drop safe can be removed from the FYI I list of requests. 1 Vol. f______35 — pg. I 4308 67286000 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 40.4 7/2012010 Decrease rellocate funds for the purchase of insulator trays and tray drying racks. This budget amendment is for proper account coding of FA vol. 135 P& ) L 7 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09/10 - 40.5 80130000 67286000 To rellocate funds for the purchase of six (6) Diagnostic Integrated 767 Panop wall systems. This budget amendment is for proper account Iodine of the purchases. M T vol. pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 40.6 7/20/2010 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1 31000100 72209000 CR Court Appointed lnte Meter 1,000.00 0100 310001.00 60490000 DR Juvenile Supplies 50.00 0100 31000100 60170000 DR Copier/Printer/Pax Supplies 450.00 0100 31000100 61470000 DR Prescriptions 500.00 Juvenile Services: Reallocation of funds to cover budget sborta es. a "• =2-0 Vol. 135 pg. I `% Cl Contract Between Madison Construction, LP. ( "Madison ") and Brazos ( "Brazos County ") for the replacement of the North Face and stabilizatior South, East and West exterior walls of the Brazos County Courth( Discretionary Exemption Order, as an item necessary to preserve or pros public health or safety of the residents of Brazos County ATTACHMENT TO AIA Document A101 - 2007 Changes to the Form These Changes to the Form of AIA Document Al01 - 2007 Document contain the agreed changes to the attached Forms A101 and A201 executed contemporaneously. Both parties, Madison Construction, LP. and Brazos County acknowledge these changes, agree to these changes and represent that these changes along with the other contract documents represent the Agreement between Madison and the County. These changes become effective immediately upon their signing. Page 1 Delete: The Project is: Renovations to an Existing Facility Brazos County Courthouse Phase I and II Add: The Project is: Replacement of North Face and stabilization of South, East, and West exterior walls of the Brazos County Courthouse Article 1 The Contract Documents §1.1 Delete: The Contract Documents consist of this Agreement between the Owner and the Contractor, AIA Document A101 -1997, as modified by the Owner (hereinafter referred to in the Contract Documents as the "Agreement "); General Conditions of the Contract for Construction, AIA Document A201 -1997, as modified by the Owner (referred to in the Contract Documents as the "General Conditions "); General, Supplementary, and other Conditions of the Contract; Drawings, Schedules, Specifications, Addenda issued prior to execution of this Agreement, Brazos County Bid No. 2009 -54 for construction of the Brazos County Courthouse Phase I and II (hereinafter, "Bid" ); Contractor's Proposal in response to the Bid (hereinafter, "Proposal ") and written modifications to such Proposal accepted by the Owner, if any; Amendments to the Contractor's Proposal, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Contract Documents areas fully incorporated as a part of the Contract Vol. �� Pg. I as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. Add: The Contract Documents consist of this Agreement between the Owner and the Contractor, AIA Document A101 -1997, as modified by the Owner (hereinafter referred to in the Contract Documents as the "Agreement "); General Conditions of the Contract for Construction, AIA Document A201 -1997, as modified by the Owner (referred to in the Contract Documents as the "General Conditions "); General, Supplementary, and other Conditions of the Contract; Drawings, Schedules, Specifications, Addenda issued prior to execution of this Agreement, Brazos County Discretionary Exemption Order (an item necessary to preserve or protect the public health or safety of the residents of the county) for replacement of North Face and stabilization of South, East and West exterior walls of the Brazos County Courthouse (hereinafter, "Order "); Contractor's Proposal in response to the Order (hereinafter, "Proposal ") and written modifications to such Proposal accepted by the Owner, if any; Amendments to the Contractor's Proposal, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Contract Documents are as fully incorporated as a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. Page 2 Article 3 Date of Commencement and Substantial Completion Delete: § 3.1 The date of commencement (hereinafter, "Commencement Date ") of the Work shall be the date of this Agreement, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. The Commencement Date shall be fixed in a notice to proceed issued by the Owner after formal approval of the Contract by the Brazos County Commissioners Court (hereinafter "Commissioners Court"). Add: § 3.1 The date of commencement (hereinafter, "Commencement Date ") of the Work shall be June 15, 2010, the date of Brazos County Commissioners unanimous approval of the Discretionary Exemption Order and Contract Between Madison Construction, LP. ( "Madison ") and Brazos County ( "Brazos County ") for the replacement of the North Face and stabilization of the South, East and West exterior walls of the Brazos County Courthouse, as an item necessary to preserve or protect the public health or safety of the residents of Brazos County. 2 Vol. 135 pg. 1,51 Page 2 Delete: § 3.4 The Contractor shall achieve Substantial Completion of the entire Work no later than Three Hundred (300) calendar days from the Commencement Date for Phase I and Two Hundred Ten (210) calendar days from the substantial completion of Phase I for Phase II. All of the Contractor's Work shall be substantially complete no later than Three Hundred (3 00) calendar days for Phase I and an additional Two Hundred Ten (210) calendar days for Phase H from the Commencement Date, subject to extensions of Contract time, if any, in accordance with the Contract Documents. The Contractor understands that the Owner will suffer financial loss if the Work is not substantially complete on the date set forth in the Contract Documents. The parties agree and acknowledge that damages to the Owner that will be caused by a failure to substantially complete the Work by the date set forth in the Contract Documents is difficult to ascertain. Thus, should the Contractor fail to achieve Substantial Completion on or before the dates listed herein, the Contractor shall be assessed liquidated damages in the amount of Three Hundred Dollars and No Cents ($300.00) per day for each day thereafter until Substantial Completion is achieved. The Contractor and Contractor's surety are liable for and will be required to pay the Owner the stipulated and fixed sums described herein as liquidated damages for each calendar day until the Work is Substantially Complete. The parties intend for the liquidated damage amount set forth in the Contract Documents to be an estimate or reasonable forecast of the damages the Owner will suffer for Contractor's failure to substantially complete the Work by the date set forth in the Contract Documents and such is not intended to be a penalty. The Owner, in its sole discretion, may deduct and /or subtract such liquidated damages from any amounts due and payable to the Contractor upon notice thereof. Notwithstanding any provisions contained herein, the liquidated damages provisions described herein are limited to damages arising from the Contractor's failure to achieve Substantial Completion by the dates set forth in the Contract Documents and shall not preclude pursuit of any other remedies provided for in the Contract Documents or any other remedies provided by law or equity, except for damages arising from the Contractor's failure to achieve Substantial Completion by the dates set forth in the Contract Documents, nor shall pursuit of such liquidated damages provided for herein constitute a forfeiture or waiver of any other obligation of the Contractor hereunder or of any other damages accruing by reason of the Contractor's breach of this Agreement. M § 3.4 The Contractor shall achieve Substantial Completion of the entire Work no later than Two Hundred (200) calendar days from the Commencement Date of this Contract. All of the Contractor's Work shall be substantially complete no later than Two Hundred (200) calendar days from the Commencement Date, subject to extensions of Contract Vol. 1____35 Pg. 1 5 a time, if any, and the availability of county worker workspace in accordance with the Contract Documents. The Contractor understands that the Owner will suffer financial loss if the Work is not substantially complete on the date set forth in the Contract Documents. The parties agree and acknowledge that damages to the Owner that will be caused by a failure to substantially complete the Work by the date set forth in the Contract Documents is difficult to ascertain. Thus, should the Contractor fail to achieve Substantial Completion on or before the dates listed herein, the Contractor shall be assessed liquidated damages in the amount of Three Hundred Dollars and No Cents ($300.00) per day for each day thereafter until Substantial Completion is achieved. The Contractor and Contractor's surety are liable for and will he required to pay the Owner the stipulated and fixed sums described herein as liquidated damages for each calendar day until the Work is Substantially Complete. The parties intend for the liquidated damage amount set forth in the Contract Documents to be an estimate or reasonable forecast of the damages the Owner will suffer for Contractor's failure to substantially complete the Work by the date set forth in the Contract Documents and such is not intended to be a penalty. The Owner, in its sole discretion, may deduct and/or subtract such liquidated damages from any amounts due and payable to the Contractor upon notice thereof. Notwithstanding any provisions contained herein, the liquidated damages provisions described herein are limited to damages arising from the Contractor's failure to achieve Substantial Completion by the dates set forth in the Contract Documents and shall not preclude pursuit of any other remedies provided for in the Contract Documents or any other remedies provided by law or equity, except for damages arising from the Contractor's failure to achieve Substantial Completion by the dates set forth in the Contract Documents, nor shall pursuit of such liquidated damages provided for herein constitute a forfeiture or waiver of any other obligation of the Contractor hereunder or of any other damages accruing by reason of the Contractor's breach of this Agreement. Paee 3 Article 4 Contract Sum Delete: ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Million, Four Hundred Thirty -One Thousand, Six Hundred Twenty -One dollars ($3,431,621.00), subject to additions and deductions as provided for in the Contract Documents. The Contract Sum may only be changed by a Modification that is formally approved by the Commissioners Court. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (See §4.1 above). Alternates: vol. ) 36 pg. 1 �3 1. Caulking Existing Concrete Panels — Twenty -Six Thousand Six Hundred dollars ($26,600.00) 2. Paint Existing Metal Facia Panels — Two Thousand Eight Hundred dollars ($2,800.00) 3. Single Membrane Roofing — Two Hundred Ninety -three Thousand Three Hundred dollars ($293,300.00) 4. Pre -Cast Column Cladding Repairs — Two Thousand Nine Hundred Forty -five dollars (2.945.00) 5. Wire and Devices for Information Technology — One Hundred Thousand One Hundred Seventy -six dollars ($100,176.00) 4.3 Unit prices, if any, are as follows: The following unit prices shall include all labor, material, plant, equipment insurance, overhead and profit to cover the finished work of the kind called for. Pre -cast Concrete panels: If any of the existing pre -cast concrete wall panels are damaged beyond repair (refer specifications), the following price per square foot will be used to adjust the contract amount to match/replace the existing panels. Mock up panels should be constructed in the base bid. Smooth Panel Finish "A" $ 395.00 per Sq. Ft. Exposed Aggregate Panel Finish `B" $ 405.00 per Sq. Ft. DEDUCT PRICE ADD (80% OF ADD price) PRICE 2. Compated Fill per Cu. Yd. $ 40.00 $ 32.00 3. Excavation General per Cu. Yd. $ 20.00 $ 16.00 (earth) 4. Reinforced Concrete Walks (3000 PST Concrete) per Sq. Ft. $ 6.50 $ 5.20 § 4.4 Allowances, if any, are contained in Section 01 2100 to the Project Manual Including Specifications and as approved by Owner. § 4.5 Assumptions, if any, on which the Contract Sum include representations contained in Contractor's proposal in response to RFP 2009 -54. Add: ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor Contractor's performance of the Contract. Thirty -Seven Thousand, Eight Hundre d Vol. 135 the Contract Sum in current funds for the The Contract Sum shall be One Million, Thirty -One dollars and Ten cents —pg. 5 ($1,037,831.10), subject to additions and deductions as provided for in the Contract Documents. The Contract Sum may only be changed by a Modification that is formally approved by the Commissioners Court. Page 7 Article 8 Miscellaneous Provisions Delete: § 8.4 The Contractor's Designated Representative is: Art Hughes Madison Construction, LP 1640 Briarcrest Drive, Suite 125 Bryan, TX 77802 (979) 268 -5520 M. § 8.4 The Contractor's Designated Representative is: Matt Nash Madison Construction, LP 1640 Briarcrest Drive, Suite 125 Bryan, TX 77802 (979) 268 -5520 OWNER: BY: Randy ATTEST: BY: Karen McQueen Judge CONTRACTOR: Madison Construction, LP BY: Michael . Jone Pres ident von. I.1 Pg. 155 Brazos County Clerk 7 Vol. 135 pg. I �5 (P if .r r MA Document A101Tit -2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the (Paragraphs delete of Two Thousand %<.. Tem BETWEEN the Owner: (Paragraphs deleted) County of Brazos 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 and the Contractor: (Paragraphs deleted) Madison Construction, LP. 1640 Briarcrest Drive, Suite 125 Bryan, TX 77802 The Project is: tl- YI day of ),� in the year (paragraphs deleterj Renovations to an Existing Facility Brazos County Courthouse Phase I and 11 300 E. 26'I' Street - Bryan, TX 77803 The Architect is: (Name, address and other information) Patterson Architects 701 South Texas Avenue Bryan, TX 77803 (Paragraphs deleted) The Owner and the Contractor agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 The Contract Documents consist of this Agreement between the Owner and the Contractor, AIA Document A101 -1997, as modified by the Owner (hereinafter referred to in the Contract Documents as the "Agreement "); General Conditions of the Contract for Construction, AIA Document A201 -1997, as modified by the Owner (referred to in the Contract Documents as the "General Conditions "); General, Supplementary, and other Conditions of the Contract; Drawings, Schedules, Specifications, Addenda issued prior to execution of this Agreement, Brazos County Bid No. 2009 -54 for construction of the Brazos County Courthouse Phase I and 11 (hereinafter, 'Bid" ); Contractor's Proposal in response to the Bid (hereinafter, "Proposal') and written modifications to such Proposal accepted by the Owner, if any; Amendments to the Contractor's Proposal, if any; other documents listed in this Agreement;.and Modifications issued after execution of this Agreement. The Contract Documents are as fully incorporated as a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ADDITIONS AND DELETIONS: The author of this document has added information needed for Its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical One in the left margin of this document Indicates where the author has added necessary information and where the author has added to or deleted from the original AAA tent. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201TM 2007, General Conditions of the Contract for Construction, is adopted In this document by reference. Do not use with other general conditions unless this document Is modified. loll AIA Document MCI - 2007. Copyright ®1915, 1918 ,1925,1937, 1951, 1958, 1981, 1963, 1967, 1974, 1977, 1967,1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA' Document, or any pardon 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 13:14:58 an 03107/2010 under Order No.35952935691 which e>pires on 071302010, and is riot for resale. User Notes: Revised by Owner, October 10, 2007 (1164735073) Vol. 1 3 pg, �� § 1.2 The Contract Documents form the Contract for Construction (hereinafter, "Contract"). The Contract represents the entire and integrated agreement relating to the subject matter hereof between the parties hereto and supersedes any and all prior negotiations, representations, or agreements concerning the subject matter hereof, whether written or oral, between the parties. Each party acknowledges that the other party, or anyone acting on behalf of the other party has made no representations, inducements, promises or agreements, orally or otherwise, unless such representations, inducements, promises, or agreements are embodied in the Contract, expressly or by incorporation. The Contract Documents shall be construed in accordance with the laws of the State of Texas, and venue for any legal action relating to the Contract Documents or the Work shall be in Brazos County, Texas. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and the Contractor, (2) between the .Owner and a Subcontractor or Sub - subcontractor, (3) between the Owner and the Architect, or (4) between any persons or entities other than the Owner and the Contractor. § 1.3 Except as otherwise provided for herein, the Contract Documents may be amended or modified only by a Modification. A Modification is: (1) a written amendment to the Contract agreed to and executed by both parties; (2) a Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Owner. AR'b'ICLE 2 THE WORK OF THE CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. (Paragraphs deleted) ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTUL COMPLETION § 3.1 The date of commencement (hereinafter, "Commencement Date ") of the Work shall be the date of this Agreement, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) The Commencement Date shall be fixed in a notice to proceed issued by the Owner after formal approval of the Contract by the Brazos County Commissioners Court (hereinafter "Commissioners Court"). The Contractor must commence Work on the Project no later than fifteen (15) days after the date of the award of the Contract to Contractor by the Commissioners Court or as established in a notice to proceed issued by the Owner, whichever occurs later. The fifteen (15) days are to allow the Contractor time to obtain the required bonds and insurance and submit such documentation to the Owner and to schedule the required resources to begin Work on the Project. § 3.2 14 prior to the Commencement Date, the Owner requires time to file mortgages, documents related to mechanic's liens, and documents related to other security interests, the Owner's time requirement shall be as follows: § 3.3 The (Paragraphs deleted) Contract Time shall be measured from the Commencement Date, subject to adjustments of the Contract Time as provided in the Contract Documents. The term "day" in the Contract Documents shall mean calendar day. § 3.4 The Contractor shall achieve Substantial Completion of the entire Work no later than Three Hundred (300) calendar days from the Commencement Date for Phase I and Two Hundred Ten (210) calendar days from the substantial completion of Phase I for Phase H: All of the Contractor's Work shall be substantially complete no later than Three Hundred (300) calendar days for Phase I and an additional Two Hundred Ten (210) calendar days for Phase H from the Commencement Date, subject to extensions of Contract time, if any, in accordance with the Contract Documents. The Contractor understands that the Owner will suffer financial loss if the Work is not substantially complete on the date set forth in the Contract Documents. The parties agree and acknowledge that damages to the Owner that will be caused by a failure to substantially complete the Work by the date set forth in the Contract Documents is difficult to ascertain. Thus, should the Contractor fad to achieve Substantial Completion on or before the dates listed herein, the Contractor shall Ind. AIA Document A101'v — 2e07. Copydght ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1953, 1957, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING This AIA° Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of a, may result In severe civil and criminal penalues, and will ba prosecuted to the / maximum extent possible under the law. This document was produced byAIAsoaware at 13:14:56 on 03 101 /2010 under Order No .3595293569_1 which e,pires on 07130l201a, and is notfor resale. (1164735073) User Notes: Reused by Owner, October 10, 2007 vot. be assessed liquidated damages in the amount of Three Hundred Dollars and No Cents ($300.00) per day for each day thereafter until Substantial Completion is achieved. The Contractor and Contractor's surety are liable for and will be required to pay the Owner the stipulated and fixed sums described herein as liquidated damages for each calendar day until the Work is Substantially Complete. The parties intend for the liquidated damage amount set forth in the Contract Documents to be an estimate or reasonable forecast of the damages the Owner will suffer for Contractor's failure to substantially complete the Work by the date set forth in the Contract Documents and such is not intended to be a penalty. The Owner, in its sole discretion, may deduct and/or subtract such liquidated damages from any amounts due and payable to the Contractor upon notice thereof. Notwithstanding any provisions contained herein, the liquidated damages provisions described herein are limited to damages arising from the Contractor's failure to achieve Substantial Completion by the dates set forth in the Contract Documents and shall not preclude pursuit of any other remedies provided for in the Contract Documents or any other remedies provided by law or equity, except for damages arising from the Contractor's failure to achieve Substantial Completion by the dates set forth in the Contract Documents, nor shall pursuit of such liquidated damages provided for herein constitute a forfeiture or waiver of any other obligation of the Contractor hereunder or of any other damages accruing by reason of the Contractor's breach of this Agreement. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract The Contract Sum shall be Three Million, Four Hundred Thirty -One Thousand, Six Hundred Twenty -One dollars ($3,431,621.00 subject to additions and deductions as provided for in the Contract Documents. The Contract Sum may only be changed by a Modification that is formally approved by the Commissioners Court § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Paragraphs delered) . (See §4.1 above). Alternates: 1, Caulking Existing Concrete Panels — Twenty-Six Thousand Six Hundred dollars ($26,600.00) 2. Paint Existing Metal Facia Panels — Two Thousand Eight Hundred dollars ($2,800.00) 3. Single Membrane. Roofing — Two Hundred Ninety -three Thousand Three Hundred dollars ($293,300.00) 4. Pre -Cast Column Cladding Repairs — Two Thousand Nine Hundred Forty-five dollars (2.945.00) 5. Wire and Devices for Information Technology — One Hundred Thousand One Hundred Seventy -six dollars ($100,176.00) 4.3 Unit prices, if any, are as follows: The following unit prices shall include all labor, material, plant, equipment insurance, overhead and profit to cover the finished work of the kind called for. 1. Pre -cast Concrete panels: If any of the existing pre -cast concrete wall panels are damaged beyond repair (refer specifications), the following price per square foot will be used to adjust the contract amount to match/replace the existing panels. Mock up panels should be constructed in the base bid. Smoth Panel Finish "A" $ 395.00 per Sq. Ft. Exposed Aggregate Panel Finish 'B" $ 405.00 per Sq. Ft. ALA Document A10191- 2007. Copyright ®1915, 1818, 1925, 1937,1951, 1958,1961,1963,1967,1974, 1 GT7, 1987, 1991, 1997 and 2007 by The Amedren Init Institute of Architects. AB rights reserved. WARNING: This Al a Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 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 posslbleundortha law. This document was produced byAIA software at 13:14:58 on 031012010 under Order Ne.35952935691 when expires aver Ntes; Rendd not Pone,, Go 7 J X15 � t /(mil an 07/3012010, 7 Revised by Owner, Oclobar 70, 2007 vOi r J pp '_-.` / /-� (1164735073) , C' DEDUCT PRICE ADD (80% OF ADD price) PRICE 2. Compared Fill per Cu. Yd. I $ 40.00 $ 32.00 3. Excavation General per Cu. Yd. $ 20.00 $ 16.00 (eat) 4. Reinforced Concrete Walks (3000 PSI Concrete) per Sq. Ft. $ 6.50 $ 5.20 (Table deleted) (Paragraphs deleted) § 4.4 (Paragraphs deleted) Allowances, if any, are contained in Section 0l 2100 to the Project Manual Including Specifications and as approved by Owner. § 4.5 Assumptions, if any, on which the Contract Sum include representations contained in Contractor's proposal in response to RFP 2009 -54. § 4.6 CHANGES IN THE WORK § 4.5:1 Changes in the Work may be accomplished by any of the methods listed in Article 7 of the General Conditions, as modified by the Owner. (fable deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Eased upon Applications for Payment submitted to the Architect by the Contractor and Certificates fnr Payment 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. § 5.1.2 The period covered by each Application for Payment shall be one (1) calendar month ending on the last day of the month, (hereinafter, "Application Date "), or as follows: § 5.1.3 An Application for Payment must be received and certified by the Architect not later than the Application Date fixed above. The Owner shall make paymeutto the Contractor not later than thirty (30) calendar days after the Owner receives the Application for Payment. Payment is deemed "made" when the check for the payment is mailed to the Contractor in accordance with the Owner's financial policies and procedures. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner, after consultation with the Architect; may reasonably require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. The Owner shall have final review and approval of each Application for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.5.1 In taking action on the Contractor's Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to have made a detailed examination, audit, or arithmetic verification of the documentation submitted in accordance with Section 5.1.4 , or other supporting data; to have made exhaustive or continuous on -site inspections; or to have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Agreement Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner at the Owner's sole discretion. AIA Document A101n - 2007. Copyright ®1915, 1919, 1925, 1937, 1951, 1958, 1961, 1963,1967,1974,197'7. 1987, 1991, 1997 and 2007 by The American IniL tns5'tute of Amhaects. Ali rights reserved, WARNING; This Ale Document is protected by U.S. Copyright Law and Intarnationat 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 t maximum extent possible under the law. This documentwas produced by AlAsofvare at 13:14:68 on 0 310112 01 0under Order N0,35952935691 which expires on User Notes: R and d not for resale. (11 6 473 5 07 3) User Notes: Revised by Owner. October 70, 2007 j'Oy' 13 5 �%p V t C• [nit § 5.1.5 Except with the Owner's prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment that have not been delivered and stored at the site or otherwise stored in accordance with Section 5.1.6.2 below. § 5.1.6 Subject to the other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: ,I Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent (594). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of the General Conditions, as modified by the Owner; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five Percent (5 %); .3 Subtract the aggregate of previous payments :lade by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified by the Owner. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.8 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such Work, and unsettled claims; and (Section 9.8.5 of the General Conditions, as modified by the Owner, requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified by the Owner. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intender( prior to Substantial Completion of the entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.8.1 and 5.1.8.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) None § 5.1.9 Except with the Owner's prior written approval, payments for the Work shall be subject to retainage of not less than Five percent (5 %). The Owner and the Contractor shall agree on a mutually acceptable procedure for review and approval of payments and retention Subcontractors, Sub - subcontractors, and suppliers. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: 1 the Contractor has fully performed the Contract, including the requirements in Section 9.10 of the General Conditions, as modified by the Owner, except for the Contractor's responsibility to correct, repair, or replace: .1 Work as provided in Section 12.2.2 of the General Conditions, as modified by the Owner; or ,2 non - conforming Work discovered after final payment, or .3 to satisfy other requirements, if any, which extend beyond final payment; and AIA DOCamant Al at"' — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958 1961, 1963, 1957, 1974,19T7, 1987, 1991, 1997 and 2DG7 by Institute ofAmhitects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. reproduction or distribution of this AIR Document, or any portion of a, may result In severe civil and criminal penalties, and w01 be prc maximum extent possible unch rthe law. This document was producod byAJAsoaware at 13:14:58 on 0 3101/2 01 0 under Order Ne on D7MY2D70, and Is not for resale. User Notes: Revised by Owner, October 10, 2007 Vol. 135 Pg, 7n I ,authorized 5 sated to the which expires (1164735073) ,2 a final Certificate for Payment has been issued by the Architect after consultation and approval by the Owner. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than thirty (30) calendar days after the issuance of the Owner's final Certificate for Payment. Notwithstanding the foregoing, the Contractor understands and agrees that final payment to the Contractor is contingent upon formal approval of the Commissioners Court. ARTICLE 6 DISPUTE RESOLUTION (Paragraph deleted) § 6.1 (Paragraphs deleted) Paragraphs deleted § 6.1 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ x ] Litigation in a court of competentjurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION (Paragraphs deleted) § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007 General Conditions, as modified by the Owner. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007 General Conditions as modified by the Owner. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 General Conditions, as modified by the Owner, or another Contract Document, Consultants, if any, engaged by the Contractor shall be persons or entities duly licensed and authorized to practice their professions in the State of Texas and are listed as follows: (Insert name, address, license number, relationship to Contractor and other information.) § &2 Payments due and unpaid under the Contract shall bear interest as provided by law under the Contract Documents. (Insert rate of interest agreed upon, If arty) 5% per annum § 8.3 The Owner's (Paragraphs deleted) Designated Representative is: Pat Howard, Director Purchasing 200 So. Texas Ave., Bryan, Texas 77802 (Tel: (979) 361 - 4291). The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to the Project and shall be deemed to have the authority to issue, execute, grant, or provide any approvals, requests, notices, or other communications required by the Contract Documents or requested by the other party. This authority does not include the authority to amend or modify the Contract. Init. AIA Document A101°1- 2007, Copyright ®1915, 1916, 1925, 1937, 1951, 1956, 1951, 19e3, 19er, la /a, rv1 /, Institute of Amhltects. Ail rights reserved, WARNING: This AIA° Document to protected by U.S. Copyright Law end International Treaties. Unauthorized s 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 t maximum extentpossible under the law. This document was produced by AlAsoflwam at 13: 14: 58 an 0310112010 under Order No3595293569 1whlch expires on 07/3012010, and is not for tussle. (1164735073) User Notes: Redsed by owner, Octobar 10, 2007 Vol 135 pg. _]__[p a [nit. § 8.4 The Contractor's (Paragraphs deleted) Designated Representative is: Art Hughes Madison Construction, LP 1640 Briarcrest Drive, Suite 125 Bryan, TX 77802 (979) 268 -5520 The Contractor's Denigrated Representative,identifled above shall be authorized to act on the Contractor's bebalfwith respect to the Project and shall be deemed to have the authority to issue, execute, grant, or provide any approvals, requests, notices, or other communications required hereunder or requested by the other party. This authority does not include the authority to amend or modify the Contract. § 8.5 Neither the Owner's Designated Representative or the Contractor's Designated Representative shall be changed without ten (10) days prior written notice to the other party. Notwithstanding the foregoing, the Owner may, in its sole discretion, require the Contractor to replace its representative with an employee of equal experience and competence upon request by the Owner if the Contractor's Representative is unsatisfactory or unacceptable to the Owner. The Owner's Designated Representative and the Contractor's Designated Representative shall act as the primary point of contact between the parties. To the maximum extent practicable, communications between the parties shall be through the Owner's Designated Representative and the Contractor's Designated Representative, unless otherwise provided for herein. § 8.6 Other provisions: To the extent of any conflict between the provisions contained in § 8.7 of this Agreement (AIA 101 -2007) and Article § 3.18 of AIA 201 -2007 General Terms and Conditions, the provisions of Article § 83 herein shall control. Consultants, if any, engaged by the Contractor shall be persons or entities duly licensed and authorized to practice their professions in the State of Texas and are listed as follows: (Insert name, address, license mmffber, relationship to Contractor and other information.) Consultants, if any, engaged directly by the Owner are listed below, including their professions and responsibilities: Project Architect: Patterson Architects, Fred A. Patterson, Jr,, AIA, Project Architect 701 South Texas Avenue, Bryan, TX 77803 Structural Engineer. faster- Quintanilla Austin, LLP 1608 W. 6'h Street, Suite 100, Austin, TX 78703 MEP Engineer: Swoboda Engineering 7010 Coyote Run, Bryan, TX 77808 Specialty Consultant: Chamblee+ Associates, LLC 6665 Park Lane, Houston, TX 77023 § 8.7 THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER, THE ARCHITECT, THE ARCHITECT'S CONSULTANTS, AND ANY AND ALL EMPLOYEES OR AGENTS OF ANY OF THEM (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES ") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH, THE WORK OR PERFORMANCE OF THE WORK, PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGE, LOSS, COST, OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF, IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF, OR IN AIA Document A10"-2001. Copyright ®1915, 191 a, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The American In litu s of Architects. All rights roserved. WARNING: This AIA° Document is protected by U.S. Copyright Lew 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 possfbla under the law. This document was produced by AIA software at 13:14:58 on 03/012010 under Order 1,10 .3595293569 1 which eMires on 07/302010, and is not for resale. n (1164735073) User Notes: Revised by Owner. October 10, 2007 Vol. 13,5 pp &3 CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS SUBCONTRACTORS, SUB - SUBCONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY CLAIM BROUGHT AGAINST INDEMNTTEE BASED UPON OR RELATED TO A CLAIM OR CLAIMS OF RESPONDEAT SUPERIOR OR VICARIOUS LIABILITY FOR THE ACTS OR WORK OF THE CONTRACTOR OR THE CONTRACTOR'S SUBCONTRACTORS, OR (D) ANY NAVES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS, AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE, OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES, OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES, AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE FOR UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 8.7. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILITY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE, AND SHALL NOT LIMIT THE INDEMNXTEES' OTHER LEGAL REMEDIES AGAINST THE CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THE INDEMNITY FOR THE ARCHITECT, THE ARCffiTECT'S CONSULTANTS, AGENTS, AND EMPLOYEES DOES NOT EXTEND TO ANY INDEMNITY PROHIBITED BY SECTION 130.003 OF THE TEXAS CIVIL. PRACTICE AND REMEDIES CODE. THIS INDEMNDICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: §9.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101 -1997, as modified by the Owner (referred to in the Contract Documents as the "Agreement"). (Paragraphs deleted) § 9.12 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201 -1997, as modified by the Owner (referred to in the Contract Documents as the "General Conditions'D. § 9.1.3 The General Supplementary and other Conditions of the Contrail, if any, are those contained in the Project Manual dated October 2009, and are as follows: § 9.1.4 THE (Paragraphs deleted) SPECHr1CAT1oNs The Specifications are those contained in the Project Manual dated as in Section 9.1.3 above. (Table deleted) § 9.1.5 The (Paragraphs deleted) Drawings are as follows, and are dated October 5, 2009 unless a different date is shown below. (Table deleted) § 9.1.6 The Addenda, if any, are as follows: - (Raw deleted) NUMBER DATE PAGES 1 October 22, 2009 4 pages 2 October 29, 2009 16 pages 3 November 6, 2009 14 pages (Paragraph deleted) § 9.1.7 Additional Documents, if any forming part of the Contract Documents: AIA Document A101"'— 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1957, 7974, 197q lam, l9al, 1 ear anu cuor or I snit Institute of Aichitects. All rights reserved. WARNING: This AIAe Document Is pmtocted by U.S. copyright Law and International Troatles, Unauthorized 8 reproduction or distribution of this ALA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the l maximum extent possible undarthe law. This document was produced by AIA software at 13:14:56 on 03M1/2010 under Order No. 35952935691 which eplres User Notes: Revi Revised by Owner, October 10, 2007 Vol 135 'yI). (1764735073) 1. The Owners bid or Request for Proposal (Bid No. 2009-54:16 pages is included in the Project Manual. 2. The Contractor's Proposal and Supplement Qualification to Proposal dated August 26, 2009 in response to the Owner's Bid or Request for Proposal (Bid No. 2009-54.17 pages) are attached to this Agreement. 3. Amendments to the Contractor's Proposal, if any, areas follows: NIA (Paragraphs deleted) ARTICLE 10 INSURANCE BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I 1 of AIA Document A201 -2007. (State bonding requirements, if arry; and limits of liability for insurance required in Article 11 of AIA Document A201- 2007.) Type of Insurance or Bond Limit of liability or bond amount is the Total Contract amount See attached Certificate of Insurance, Performance and Payment Bonds. Init AIA Document A1D1 -- 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958,1961, 1963, 1967, 1974, 1977, 1987. 1991, 1997 and 2007 by The American Institute of Amhaects. All rights reserved. WARNING; This AIA' Document Is protected by U.S. Copyright Law and International Treagee. Unauthorized reproduction or distribution of this Ale Document, or any portion of a, may result In severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible underthe law. This document was produced by AlA software at 13:14 :58 on 03/01201 D under Order No .3595293569_1 which expires on D7/302010, and Is not for resale. User Notes: Revised by Owner, October 10, 2007 /� (1164735073) VOI. _-- --a pg. This Agreement is entered into as of the � day of'i of the year 200rrand is executed in at least three (3) original copies, of which one (1) is to be delivered to the Contractor, one (1) to the Architect for use in the administration of the Contract, and one (1) to the Owner. ATTEST: Y: ren McQueen Brazos County Clerk APPROVED AS TO FORM*: BY: Tma Snelling Civil Counsel CONTRACTOR: Madison Construction, LP . B ` 4chael R .Jones J;f President *By law, Brazos County Civil Counsel may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract a legal document on behalf of otherpartirs. Our review of this document was conducted solely from the legal perspective of our client Our approval of this document was offered solely for the benefit of our client Other parties should not rely on this approval, and should seek review and approval by their own respective attonM (s). (Table delete4(Paragraphs deleted)(Paragraphs deleted) nit Institute Document A101^ —2007. Copydght ®1915, Isla, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This AIO Document is protected by U.S. copyright Law and International Trestles. Unauthorized 10 reproduction or disbibuthoo of tbla A1Ae Document, or any portion of it may result In severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced by AlA software at 13; 14;58 on 9301/2010 under Order No .3595293569_1 which expires on 071302010, and is roller resale. User Notes: Ro Asad by Owner, October 10, 2007 (1164735073) Vol. 135 pg. �� Contract Between Madison Construction, LP. ( "Madison ") and Brazos County ( "Brazos County ") for the replacement of the North Face and stabilization of the South, East and Rest exterior walls of the Brazos County Courthouse, a Discretionary Exemption Order, as an item necessary to preserve or protect the public health or safety of the residents of Brazos County ATTACHMENT TO AIA Document A201 - 1997 Chant?es to the Form These Changes to the Form of AIA Document A201 - 2007 Document contain the agreed changes to the attached Forms A101 and A201 executed contemporaneously. Both parties, Madison Construction, LP. and Brazos County acknowledge these changes, agree to these changes and represent that these changes along with the other contract documents represent the Agreement between Madison and the County. These changes become effective immediately upon their signing. Page 1 Delete: The Project is: Renovations to an Existing Facility Brazos County Courthouse Phase I and II Add: The Project is: Replacement of North Face and stabilization of South, East, and West exterior walls of the Brazos County Courthouse Page 2 Article 1 General Provisions §1.1.1 Delete: The Contract Documents consist of this Agreement between Owner and Contractor, AIA Document A101 -1997, as modified by the Owner (hereinafter referred to in the Contract Documents as the "Agreement "), General Conditions of the Contract for Construction, AIA Document A201 -1997, as modified by the Owner (referred to in the Contract Documents as the "General Conditions "); General, Supplementary, and other Conditions of the Contract, Drawings, Schedules, Specifications, Addenda issued prior to execution of this Agreement, Brazos County Discretionary Exemption Order (an item necessary to preserve or protect the public health or safety of the residents of the county) for replacement of North Face and stabilization of East and West exterior walls of the Brazos County Courthouse (hereinafter, "Order "); Contractor's Proposal in response to the Order (hereinafter, "Proposal ") „if any; other documents listed in this Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written Vol. _ pg.—/ �O____ amendment to the Contract signed by both parties, (2) a Change Order(s) (3) a Construction Change Directive(s) or (4) a written order(s) for a minor change in the Work issued by the Architect. The Contract Documents are as fully incorporated as part of the Contract as if attached to this Agreement or repeated herein. § 1. 1.2 THE DRAWtNGs AND SPECIFICATIONS. The drawings and specifications referred to in Subparagraph 1.1.11 and throughout the General Conditions are further defined as those entitled Renovation to an Existing Facility, Brazos County Courthouse, Bryan, Texas, and include the following: DRAWINGS (All dated October 5, 2009) Architectural A0.1 GENERAL INFORMATION A0.2 TAS A0.3 TAS A1.01 SITE DEMO PLAN PHASE I Al. 10 SITE PLAN PHASE I ALIT SITE DETAILS A2.00 FIRST FLOOR DEMO PLANPHASE I A2.01 FIRST FLOOR DEMO PLANPHASE I A2.02 FIRST FLOORDEMO PLANPHASE 11 A2.03 SECOND & THIRD FLOOR DEMO PLANS A2.10 FIRST FLOORPLAN - PHASE I A2.11 FIRST FLOOR PLAN - PHASE I A2.20 FIRST FLOORPLAN - PHASE E A2.21 SECOND & THIRDFLOOR PLANS A3.09 DOOR SCHEDULE 1ST. FLOOR A3.10 DOOR SCHEDULES & ROOM FINISH SCHEDULES A3.11 DOOR & WINDOW DETAILS A3.12 DOOR & WINDOW DETAILS A3.13 DOOR & WINDOW DETAILS A4.12 PLAN DETAILS A4.13 INTERIOR PARTITION TYPES A5.10 ENLARGED PLANS PHASE I A5.11 INTERIOR ELEVATIONS & DETAILS A5.12 MILLWORK PHASE I A5.20 ENLARGED PLANS PHASE H A5.22 MILLWORK PHASE II A5.23 MILLWORK PHASE 11 A6.10 FIRST FLOOR REFLECTED CEILING PLANS A6.11 FIRST FLOOR REFLECTED CEILING PLANS A6.20 FIRST FLOOR REFLECTED CEILING PLANS A6.21 SECOND & THIRD FLOOR REFLECTED CEILING PLANS Exterior Enclosure EE0.5 GENERAL INFORMATION vol. 13 5 Pg EEL I ROOF PLAN - AREAS A B,C,G,H & I EE1.2 ROOF PLAN - AREAS D,E,F EE2.1 WEST & NORTH ELEVATIONS EE2.2 EAST & SOUTH ELEVATIONS EE2.3 NORTH & SOUTH PARTIAL ELEVATIONS EE3.1 ASSEMBLY DETAILS -WINDOWS . EE3.2 ASSEMBLY DETAILS - ROOF TOP EE3.3 ENCLOSURE REPAIR DETAILS Structural S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S 1.0 SECOND FLOOR FRAMING PLAN & DETAILS S1.1 WALKWAY &SHORING PLANS & DETAILS S 1.2 INFILL PLAN & DETAILS 52.0 PRECAST PANEL REMOVAL PLAN 52.1 PRECAST PANEL REMOVAL PLAN S2.2 PRECAST PANEL INSTALLATION PLAN 52.3 PRECAST PANEL INSTALLATION PLAN MEP DM1 FIRST FLOOR DEMO. MECH. PHASE I & II DM2 2ND & 3RD FLR MECH DEMO PH II DEP1 FIRST FLOOR DEMO ELECTRICAL PHASE I DEP2 PH II ELECT/PLUMB EMDO. Mechanical . M1.0 HVAC/MECH SCHEDULES ML I FIRST FLOOR HVAC PLAN PHI M2.1 HVAC PH II MP1.0 BASEMENT PLUMB - MECH PHASE I MP1.1 1ST FLR PHI MECH/PLUMB PLAN MP1.2 I ST FLR PH II MECH/PLUMB PLAN MP2.1 2ND & 3RD FLR MECH/PLUMB PH II Electrical E1.0 ELI E1.2 E1.3 EIA E2.1 E2.2 BASEMENT ELECT/RISER PH I FIRST FLOOR ELECT PWR PH I FIRST FLOOR ELECT PWR PH II FIRST FLOOR LIGHTING PH I FIRST FLOOR LIGHTING PHASE II 2ND & 3RD FLOOR ELECT PWR PH II 2ND & 3RD FLR LIGHTING PH II Add: The Contract Documents consist of this Agreement between the Owner and the Contractor, AIA Document A101 -2007, as modified by the Owner (hereinafter referred Vol. 935 pg./ l9 to in the Contract Documents as the "Agreement "); General Conditions of the Contract for Construction, AIA Document A201 -2007, as modified by the Owner (referred to in the Contract Documents as the "General Conditions "); General, Supplementary, and other Conditions of the Contract; Drawings, Schedules, Specifications, Addenda issued prior to execution of this Agreement, Brazos County Discretionary Exemption Order (an item necessary to preserve or protect the public health or safety of the residents of the county) for replacement of North Face and stabilization of South, East and West exterior walls of the Brazos County Courthouse (hereinafter, "Order "); Contractor's Proposal in response to the Order (hereinafter, "Proposal ") and written modifications to such Proposal accepted by the Owner, if any; Amendments to the Contractor's Proposal, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Contract Documents are as fully incorporated as a part of the Contract as if attached to this Agreement or repeated herein. §1.1.2 The Drawings and Specifications. The drawings and specifications referred to in Subparagraph 1.1.11 and throughout the General Conditions are further defined as those entitled Renovation to an Existing Facility, Brazos County Courthouse, Bryan, Texas, and include the following: Brazos County Courthouse Facade Improvements, Scope of Work. Attached and incorporated into this Agreement. OWNE4Br Co CONTRACTOR: Madison Construction, LP . 6 BY: s BY: Michael . Jo es nty Judge President ATTEST: < A Brazos County Clerk vol. 13.5 pg. / ./ 0 Brazos County Courthouse Fagade Improvements Scope of Work July 06, 2010 performed \ ` The following work for the Brazos County Courthouse Fagade Improvements will be pre€eEmed in addition to the project requirements included in the original Phase I and H contract for construction. The work remaining in the Phase I and II contract to be coordinated with the Fagade Improvements include: 1. Modifications/repairs for the existing first floor pre -cast panel connections scheduled to remain. 2. Cleaning and repairs for all pre -cast concrete panels schedule to remain. 3. Installing water repellant to pre -cast concrete panels after cleaning. 4. Sealing all pre -cast concrete panel joints (metal to concrete and concrete to concrete) scheduled to remain. 5. Painting reveal in pre -cast concrete panels to remain. 6. Wet - sealing existing windows to remain New work for the Brazos County Courthouse Fagade Improvements includes: North Fagade �(1) 1. Remove portion of the existing pre -cast concrete panels. All pre -cast panels at the first thm fourth floors will be removed except the last panels on the east and west side of the fagade (corner panels)/ and (2) the precast panels at the roof level. 2. Install new curtain wall systems Lby Kawneer (1600 wall system 1 - 6 inch - with blue glass) . Provide new V -0" wide pre east filler panel for the fourth floor priert�g the �aii- system. Install new aluminum framing and glass panels (vision glass and Additional s andrel lass). Install plaster wall at first floor. Insta gravity connections, on eight corner panels (northeast and northwest) . Using the approved (engineered) repair methods, install new anchors for the east and west corner panels for the second and third floors 4. Repair existing welded connections on remaining pre -cast concrete panels at second / floor thru roof level. h East Fagade ±� 1. Repair existing welded connections per structural engineers design criteria on pre -cast q, concrete panels at second floor thm roof level. L West Fagade 1. Repair existing welded connections on pre -cast concrete panels at second floor thru roof level. South Fagade 1. Repair existing welded connections on pre -cast concrete panels at second floor thru roof level. Page 1 of 2 Vol. 135 pg. /7/ Brazos County Courthouse Fagade Improvements Scope of Work (continued) July 06, 2010 Concerning the repair of the of existing substandard precast concrete panel connections currently identified on the existing building and structure, the Contractorwill complete the Work noted on the following detail drawings furnished by the Engineer for the project, Jaster - Quintanilla & Associates, Inc. — Consulting Engineers through the Architect, Patterson Architects. These detail drawings were transmitted by e-mail to Art Hughes of Madison Construction, L.P. on June 07, 2010 by Fred Patterson of Patterson Architects: 1> Gravity Repair For Existing Condition Based on Section "AA -3" dated 06/04/10 2> Gravity Repair For Existing Condition Based on Section "BB-3" dated 06/04/10 3> Gravity Repair For Existing Condition Based on Detail "2" on Sheet 3 dated 06/07/10 4>. Lateral Repair For Existing 2 -Ft Wide Panel- To-Panel Connection dated 06/07/10 5> Lateral Repair For Existing Condition Based on Detail "6" on Sheet 3 dated 06/07/10 Priorto the start of this work, these detail drawings will be sealed by a Professional Engineer and provided to the Contractor for completion of the work. Any changes to these detail drawings will required further evaluation and may required an increase in cost. Any additional conditions found during work to access the connections will also require further evaluation and may require an additional Increase in cost. Further, reasonable Inspection of the Work will be provided by the Owner to insure compliance by the Contractor with the detail drawings provided. Location of this Work is noted on the precast concrete shop drawings as modified by Patterson Architects on sheet 1 entitled North & West Elevations dated 4 -15 -83 and on sheet 2 entitled South & East Elevation dated 4 -15-83 and as noted below: I > Sheet 1 West Elevation —All Panels. h > Sheet North Elevation Partial — Panel Numbers 165, 167, 169, 300,400,402,420,421 ,423,403,401,301,170,168,166. q ' isPrj 1 > Sheet 2 South Elevation —All Panels. > Sheet 2 East Elevation Partial — Panels Numbers 409,424,416,417,418,410,221, 222,223,224,224,226,415,406 ,323,306,160,161,154,156,124, 125,126. The Contractor will determine the time to complete this Work after receiving Owner's schedule for vacating areas adjacent to connections. The Contractor has included no costs for handling any hazardous materials discovered or previously discovered that must be removed prior to beginning the Work. Page 2 of 2 vol.. 13 Pg. 09 AIA Document A201r" - 2007 Genera( Conditions of the Contract for Construction for the following PROJECT: (Name and location or (Paragraphs deletes) ADDITIONS AND DELETIONS: address): The author of this document has Renovations to an Existing Facility Brazos County Courthouse Phase I and II added information needed for its completion. The author may also THE OWNER: have revised the text of the original (Paragraphs deleted). AIA standard form. An Additions and (Name and address): Deletions Report that notes added County of Brazos, Texas (Attention: Brazos County Judge) information as well as revisions to the ` 200 So. Texas Ave., Suite 332 standard form text is available from Bryan, Texas 77803 the author and should be reviewed. A vertical line in the left margin of this TIM ARCHITECT: document indicates where the author (Paragraphs deleted) has added necessary information Patterson Architects and where the author has added to or 701 South Texas Avenue deleted from the original AIA text. Bryan, TX 77803 This document has important legal consequences. Consultation Wilt an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1 GENERALPROVMONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS G CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 DEFINITIONS 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS 14 TERMINATION OR SUSPENSION OF THE CONSTRACT 15 CLAIMS AND 1114ITJAL DECISION MAKER Init AIA Document A2o1TM -2007. Copyright ®1911, 7975, 1976, 7825, 7937,1951, 1956, 7967, 1963, 7966, 1970, 7976, 1967, 7997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and Intemational Trestles. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it may result In severe civil and criminal penalties, and will be pmsecuted to the t maximumwdent possible under the law. This documentwasproduced byAlAsoflwam at 13:19:37 on 03107/2010 under Omer N0 .3595293569_1 Which expires on 0713012010, and Is not for resale. p Pg. � � User Notes: As modified by Owner, October e, 2007. "oz • 1 3 (1747623472) V I�J 16 GOVERNMENT CONTRACTING POLICIES (Paragraphs deleted 17 STANDARDS ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement between Owner and Contractor, AIA Document A101 -1997, as modified by the Owner (hereinafter referred to in the Contract Documents as the "Agreement'), General Conditions of the Contract for Construction, ALA Document A201 -1997, as modified by the Owner (referred to in the Contract Documents as the "General Conditions'D; General, Supplementary, and other Conditions of the Contract, Drawings, Schedules, _Specifications, Addenda issued prior to execution of this Agreement, County Bid No, 2009 -54, (Hereinafter "Bid "); Contractor's Proposal in response to the Bid (hereinafter "Proposal "), if any; other documents listed in this Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order(s) (3) a Construction Change Directives) or (4) a written order(s) for a minor change in the Work issued by the Architect The Contract Documents are as fully incorporated as part of the Contract as if attached to this Agreement or repeated herein. § U,2 Tom: DRAWINGS AND SPECIFICATIONS. The drawings and specifications referred to in Subparagraph 1.1.11 and throughout the General Conditions are further defined as those entitled Renovation to an Existing Facility, Brazos County Courthouse, Bryan, Texas, and include the fallowing: DRAWINGS (All dated October 5, 2009) Architectural A0.1 GENERAL INFORMATION A0.2 TAS A0.3 TAS A1.01 SITE DEMO PLAN PHASE I A1.10 SITE PLAN PI -LOSE I A1.11 SITE DETAILS A2.00 FIRST FLOOR DEMO PLANPHASE I A2.01 FIRST FLOOR DEMO PLANPHASE I A2.02 FIRST FLOORDEMO PLANPHASE II A2.03 SECOND & THIRD FLOOR DEMO PLANS A2.10 FIRST FLOORPLAN - PHASE I A2.11 FIRST FLOOR PLAN - PHASE I A2.20 FIRST FLOORPLAN - PRASE II A2.21 SECOND & THIRDFLOOR PLANS A3.09 DOOR SCHEDULE 1 ST. FLOOR A3.10 DOOR SCHEDULES & ROOM FINISH SCHEDULES A3.11 DOOR & WINDOW DETAILS A3.12 DOOR & WINDOW DETAILS A3.13 DOOR & WINDOW DETAILS A4.12 PLAN DETAILS A4.13 INTERIOR PARTITION TYPES A5.10 ENLARGED PLANS PHASE I A5.11 INTERIOR ELEVATIONS & DETAILS A5.12 MILLWORK PHASE I A5.20 ENLARGED PLANS PHASE H A5.22 MILLWORK PHASE II A5.23 MILLWORK PHASE II A6.10 FIRST FLOOR REFLECTED CEILING PLANS A6.11 FIRST FLOOR REFLECTED CEILING PLANS A620 FIRST FLOOR REFLECTED CEILING PLANS A6.21 SECOND & THIRD FLOOR REFLECTED CEILING PLANS AIA Document A201TM - 2007. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1906, 1970, 1976, 1987, 1997 and 2007 by The Amedcan Init Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unautiorized reproduction or distribution of this A10 Document, or any portion of R, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent dnder9ielaw- fisgmsmentwas produced hyAlAsofware at 13:19:37 on 0310MO10 under Order No.35952935691 which expires on 078012010, and Ismatierresda. a _ User Notes: As modified by Owner. October 8, 2007. / (1147623472) Vol. Pg /- -? - Exterior Enclosure EE0.5 GENERAL INFORMATION EE 1.1 ROOF PLAN - AREAS A B,C,G,H & I EE1.2 ROOF PLAN - AREAS DAF EE2.1 WEST & NORTH ELEVATIONS EE2.2 EAST & SOUTH ELEVATIONS EE23 NORTH & SOUTH PARTIAL ELEVATIONS EE3.1 ASSEMBLY DETAILS - WINDOWS EE3.2 ASSEMBLY DETAILS - ROOF TOP EE3.3 ENCLOSURE REPAIR DETAILS Structural S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S l .0 SECOND FLOOR FRAMING PLAN & DETAILS Sl.l WALKWAY & SHORING PLANS & DETAILS S 1.2 INFI LL PLAN & DETAILS S2.0 PRECAST PANEL REMOVAL PLAN S2.1 PRECAST PANEL REMOVAL PLAN S2.2 PRECAST PANEL INSTALLATION PLAN S2.3 PRECAST PANEL INSTALLATION PLAN MEP DMl FIRST FLOOR DEMO. MECH. PHASE I & II DM2 2ND & 3RD FLR MECH DEMO PH II DEPT FIRST FLOOR DEMO ELECTRICAL PHASE I DEP2 PH II ELECT/PLUMB EMDO. Mechanical M1.0 HVAC/WECH SCHEDULES M1.1 FIRST FLOORHVAC PLAN PH I M2.1 HVAC PH II ME1.0 BASEMENT PLUMB - MECH PHASE I MPl .I 1 ST FLR PH I MECH/PLUMB PLAN MP1.2 1 ST FLR PH II MECH/PLUMB PLAN MP2.1 2ND & 3RD FLR MECH/PLUMB PH II Electrical El.o ELI E1.2 E1.3 EIA E2.1 E2.2 BASEMENT ELECT/RISER PH I FIRST FLOOR ELECT PWR PH I FIRST FLOOR ELECT PWR PH II FIRST FLOOR LIGHTING PH I FIRST FLOOR LIGHTING PHASE II 2ND & 3RD FLOOR ELECT PWR PH II 2ND & 3RD FLR LIGHTING PH E § 1.1.2 THE CONTRACT The Contractis identified in Section 1.1.1 of the Agreement § 1.1.3 ARCHITECT The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and having a direct contract with the Owner to perform design services for all or a portion of the Work, and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. § 1.1.4 OWNER The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. For purposes of the Contract Documents, the Owner is the County of Brazos, acting by and through the Brazos County Commissioners Court (hereinafter, "Commissioners Court'). IniL AIA Document A201" — 2007. Copyright O 1911, 1918, 1918, 1925, 1937, 1951, iB58, 1961, 1983, 1988, 1970, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA! Document Is protected by U.S. Copyright law and International Treaties. Unauthorized 3 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 i maximum extent possible under the law. This document me produced by ALA software at 13:19;37 on 03101 2 01 0 under Order No .3595293569_1 which elglires on 07/302010, and Is not for resale. °7 User Notes: As modi ied by Owner, October 8, 2007. Vol. 3S Pay 1-75 !j (1147823472) § 1.1.5 CONTRACTOR The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. For purposes of the Contract Documents, the Contractor is Madison Construction, LP and has a direct contract with the Owner to perform the Work required under the Contract Documents. The term "Contractor" means the Contractor or the Contractor's authorized representative. The teen "Contractor," as defined in Section 3.1.1 herein, does not include a separate contractor or subcontractors of a separate contractor. - § 1.1.6 SUBCONTRACTOR A Subcontractor is a person or entity who has a direct contract with a Contractor to perform a portion of the construction required in connection with the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor," as defined in Section 5.1.1 herein, does not include a separate contractor or subcontractors of a separate contractor. § 1.1.7 SUB - SUBCONTRACTOR A Sub - subcontractor is a person or entity who has a direct contract with a Subcontractor to perform a portion of the construction required in connection with the Work at thc•3ite. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub - subcontractor. The tern "Subcontractor" does not include a separate contractor, as defined in Section 5.1.2 herein, or subcontractors of a separate contractor. . § 1.1.8 THE WORK The tern "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor or its Subcontractors, Sub - subcontractors, or suppliers or any of their employees, or agents, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. §1.1.9 - DESCRIPTION OF PARTIES The following definitions apply to parties named in the Contract Documents: .1 Owner: Brazos County 200 South Texas Avenue Bryan, Texas 77803 (979) 361A102 .2 Architect: PattersopArchitects 701 South Texas Avenue Bryan, Texas 77803 (979) 775 -6036 Phone (979) 779 -0727 Fax .3 Consultant: Chamblee+ Associates, LLC (Exterior Enclosure) 6665 Park Lane Houston, Texas 77023 (713) 202 -6388 .4 Consulting Engineers: Jaster- Quintandla Austin, LLP (Structural) 1608 W. 6'h Street, Suite 100 Austin, Texas 78703 (512) 474 -9D94 .5 Consulting Engineers Swoboda Engineering (Mechanical, Electrical, Plumbing) 7010 Coyote Run Bryan, Texas 77808 Init AIA Document A20i"s— 2007. Copyright ®1911, 1 1925, 1937, 1951, 1938, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 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 14 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This dowment"a produced by AIA sonwere at 13:19:37 on 03/01/2010 under Order No.3595293569_1 which expires on 071302010, and Is not for resale. User Notes: As modl0ed by Owner, October 6, 2007. V61. (1147623472) _ Pg. (979) 774 -3400 § 1.1.10 THE PROJECT The Project is the total construction of the Work performed under the Contract Documents which may be the whole or a part and which may include construction by the Owner or by separate contractors. § 12 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 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 (1), shall be as binding as if required by all. Performance by the Contractor shall be required only to the extent that it is consistent with the Contract Documents and reasonably inferable from such as being necessary to produce the indicated results. § 1:2.2 In the event of inconsistency between portions of the Contract Documents or within the Contract Documents, the Contractor shall bid and provide better quality or greater quantity of Work, or comply with more stringent requirements, either or both in accordance with the Architect's interpretation, after the Architect's interpretation has been discussed and approved by Owner. The Contractor sball bring all inconsistencies known to the Contractor to the Architect's atarition, prior to the Architect's interpretation. § 1.2.3 The organization of the Specifications into divisions, sections, and articles, and the arrangement of the Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade or furnished by any Subcontractor, Sub - subcontractor, or supplier. § 1.2.4 The Contractor is expected to examine the drawings and specifications carefully before submitting his proposal and to obtain from the Architect in writing any necessary additional information that might affect his bid. § 1.2.5 The Contractor is solely responsible for the coordination of bidding and the scope of Work of Subcontractors, Sub - subcontractors, and suppliers. The Architect will not act as arbiter as to which Subcontractor, Sub - subcontractor, or supplier is to furnish and install various items indicated or required. § 1,3 CAPITALIZATION § 1.3.1 Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered Articles and/or identified references to Sections in the document, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION (Paragraph deleted) § 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the," "a" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.4.2 Unless otherwise stated in the Contract Documents, words that have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Init AIA Document A201 -- 2007. Copyright ®1911, 1915.1918.1925,1937,1951. 1958, 1961, 1963, 1966, 197D, 1976,1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this Ale Document, or any portion of ti, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced byAlA software at 13:19: 7 an 03/012010 under Order N---o. .35595293569 1 which expires on User Notes; As and Is modified byrOwner, October 8, MIT `%OI 1 B: P _ 17 / (1147623472) �' --���I § 1.5 EXECUTION OF CONTRACT DOCUMENTS § 1.5.1 The Contract Documents shall be signed and/or executed by the Owner and the Contractor. § 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, became generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 1.5.3 Contractor acknowledges that it has examined all documents pertaining to the Work, examined the character of the site and the existing structures, and has satisfied itself as to the nature of the Work. § 1.6 OWNERSHIPIUSE OF DRAWINGS, SPECIFICATIONS & OTHER INSTRUMENTS OF SERVICE § 1.6.1 The Drawings, Specifications, and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service (hereinafter, collectively, 'Instruments of Service") through which the Work to be executed by the Contractor is described.. Neither the Contractor nor any Subcontractor, Sub - subcontractor, material or equipment supplier, or other third party hired or retained by the Contractor to perform a portion of the Work or supply material or equipment for the Work shall own or claim a copyright in the Instruments of Service prepared by the Architect or the Architect's consultants, and, unless otherwise indicated, the Owner shall own such Instruments of Services, including any modifications thereto, and shall retain all common law, statutory, and other reserved rights, title, and/or property interests, in addition to the copyrights, in the Instruments of Service.. The Instruments of Service prepared by the Architect and the Architect's consultants, and copies thereof famished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor, or material or equipment supplier on other projects or for additions to this Project outside the scope ofe Work without the specific prior written consent and/or approval of the Owner, the Architect, and the Architect's consultants. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers are authorized to use and reproduce applicable portions of the Instruments of Service prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Instruments of Service prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Owner's copyrights or other reserved rights. § 1.7 COMMUNICATIONS FACILITATING CONTRACT ADMU41STRATION Except as otherwise provided in the Contract Documents or when direct communications have been specifically authorized, the Owner and the Contractor shall endeavor to communicate with each other through their respective Designated Representatives about matters arising out of or relating to the Contract. Communications by and with Subeomractns, Sub - subcontractors, and suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all discretionary Project matters requiring the Owner's approval and/or authorization, except for those matters that require formal Commissioners Court approval. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's Designated Representative. § 2.1.2 The Owner shall famish to the Contractor within fifteen (15) days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.1.3 The Owner is County of Brazos, acting by and through the Brazos County Commissioners Court. § 2.1.4 The Owner's Designated Representative shall be Pat Howard until such date as the Contractor receives further notice from the Owner. AIADocume"1A201"'— 2007. Copyright 01911, 1915, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967. 1997 and 2007 by The American InIL Instituto of Architects. Ali rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Tmanes. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it may result In severe civil and Criminal penalties, and will be prosecuted to the 1 maximumextentpossibie under the law. This documerdwas produced by AlAsoflware at 13:19:37 on 0310=010 under Order N0 .3595293569_1 which expires on 0713012010, and Is not for resale. User Notes: As modfied by Owner, October B. 2007. Vol. 1 3� 'I i Q (1147823472) V Pg. ( o § 2.1.5 The Owner shall communicate through the Contractor's Designated Representative, to persons or entities employed or retained by the Contractor, unless otherwise directed by the Contractor. The Contractor's Designated Representative also directs Owner's personnel to communicate directly with the Contractor's Project Superintendent on any items regarding the Work on -site. § Z.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.21 Except for permits and fees, including those required under Section 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, and easements, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, § 2.2.2 The Owner shall furnish, through the Architect and if not required by the Contract Documents to be provided by the Contractor, surveys describing physical characteristics, legal limitations, and utility locations for the site of the Project, and a written legal description of the site. The survey information to be famished to the Contractor will be complete to the best of the Owner's information and belief. § 2.2.3 The Contractor will be furnished on electronic copy of Construction Documents as hereinafter specified. These shall include: DmvAngs, Specifications, and Addenda. Revised Specifications and Supplementary Drawing" - issued after the execution of the Contract will be furnished as necessary for proper performance of the work up to the number of sets of Documents initially furnished. Additional sets of prints, shall be paid for by the Contractor. § 2.2.4 The Owner shall provide, to the extent available to the Owner and if not required by the Contract Documents to be provided by the Contractor or another party, the results and reports of prior tests, inspections, or investigations conducted for the Project involving structural or mechanical systems, chemical, air, and water pollution, hazardous materials, or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Such information to be famished to the Contractor will be complete to the best of the Owner's information and belief. § 2.25 The services, information, surveys, and reports to be provided by the Owner under Section 2.2, if required, shall be famished at the Owner's expense, and the Contractor shall be entitled to reasonably rely upon the accuracy and completeness thereof, except as otherwise specifically provided in the Contract Documents or to the extent the Owner advises the Contractor to the contrary in writing. § 22.6 If the Owner or the Contractor observes or otherwise becomes aware of a fault or defect in the Work or non - conformity with the Contract Documents, the Owner and/or the Contractor shall give prompt written notice thereof to the other party. Notwithstanding the foregoing, it shall remain the responsibility of the Contractor to correct, repair, or replace such faulty, defective, or non - conforming Work as provided under the Contract Documents regardless of whether the Contractor receives such notice from the Owner. § 2.3 OWNER REVIEW AND INSPECTION §,2.3.1 The Owner shall review and approve or take other appropriate action upon the Contractor's submittals, including, but not limited to, construction documents required by the Contract Documents, but only for the limited purpose of evaluating such for conformance with information given and construction expressed in the Contract Documents. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Owner's review and approval of the Contractor's submittals shall not relieve the Contractor of any of its obligations under the Contract Documents, including, but not limited to, the obligations under Sections 3.3.1, 3.3.11, 3.5, and 3.12. The Owner's review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. § 2.3.2 Upon review of the construction documents, or other submittals required by the Contract Documents, the Owner shall take one of the following actions: .1 Determble that the documents or submittals are in conformance with the Contract Documents and approve them. hilt AIA Document A201--2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and IntemaUonal Trestles. Unauthorized 7 reproduction or distribution of this AIAs Document, or any portion of a, may result In severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This documentwas produced by AIA software at 13:19:37 on 03101120 1 0 under Order No.35952935a91 which elyires on 07130120 10, and Is not for resale. . r ...f [ User Notes: As modified by Owner, October 6, 2007. Vol. Pg 3 O --I J� �'--- %11476234721 .2 Determine that the documents or submittals are in conformance with the Contract Documents, but request changes in the documents or submittals, which shall be implemented by a Change in the Work. .3 Determine that the documents or submittals are not in conformity with the Contract Documents and reject them. .4 Determine that the documents or submittals are not in conformity with the Contract Documents, but accept them by implementing a Change in the Work .5 Determine that the documents or submittals are not in conformity with the Contract Documents, but accept them and request changes in the documents or submittals, which shall be implemented by a Change in the Work. § 2.3.3 The Contractor shall promptly submit to the Owner for the Owner's approval, pursuant to Section 2.3.1, any proposed change or deviation to previously approved documents or submittals. The Owner shall review each proposed change or deviation to previously approved documents or submittals that the Contractor submits to the Owner for the Owner's approval with reasonable promptness in accordance with Section 2.3.1 and shall make one of the determinations described in Section 2.3.2. § 2.3.4 Notwithstanding the Owner's responsibility under Section 2,1211 the Owner's review and approval of the Contractor's documents or submittals shall not relieve the Contractor of responsibility for compliance with the Contract Documents and the construction expressed in the Contract Documents. § 2.3.5 The Owner may visit the site to keep informed about the progress and quality of the portion of the Work completed. however, the Owner shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work Visits by the Owner shall not be construed to create an obligation on the part of the Owner to make on -site inspections to evaluate the quantity or quality of the Work. The Owner shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.11. § 2.3.6 The Owner shall not be responsible for the Contractor's failure to perform the Work in accordance and/or compliance with the requirements ofthe Contract Documents. The Owner shall not have control over or chargeof and will not be responsible for acts or,omissions of the Contractor, its Subcontractors, Sub - subcontractors, or suppliers, or any of their agents or employees, or any other persons or entities performing portions of the Work for the Contractor. § 2.3.7 The Owner may reject Work that does not conform to the ContractDocuments . Whenever the Owner considers it necessary or advisable, the Owner shall have authority to require inspection or testing of the Work in accordance with Sections 14 and 15, whether or not such Work is fabricated installed, or completed. However, neither this authority ofthe Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the Contractor, its Subcontractors, Suh- subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 2.3.8 The Owner may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the Owner may deem necessary and appropriate. _ § 2.3.9 The Owner shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. However, any such dates shall be established by formal order of the Commissioners Court § 2.4 OWNER'S RIGHT TO STOP THE WORK § 2.4.1 If the Contractor fails to correct Work that is not in accordance and/or compliance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance and/or compliance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof; until the cause for such order has been eliminated. Notwithstanding the foregoing, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. AIA Document A201TM — 2D07. Copyright 01911, 1915,1918,192S. 1937, 1951, 1956, 1961, 1963, 1966, A70.1976. 1967, 1997 and 2007 by The Amencan Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of lt, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent poesibleundlirthe Few: '' - d"hicivev"� f on ff7fS�D10,3Mr.kmobfaf�le. .. �i. . •:Asa"Notes: As modified by Owner; 0 007. Vol. 135 y O "''('1447629 <72) § 2.5 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.5.1 If the Contractor defaults, fails, or neglects to carry out the Work in accordance and/or compliance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner to commence and continue correction of such default, failure, or neglect with diligence and promptness, the Owner may after such seven (7) day period give the Contractor a second written notice to correct such deficiencies within a three (3) day period. If the Contractor within such three (3) day period after receiptof such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such a case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including the Owner's costs and expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior review of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner which shall be due and payable within 30 days after written request by Owner accompanied by reasonable documentation of such cost and expense(s). ARTICLE CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the pa son or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's Designated Representative. The Contractor's Designated Representative is authorized to act on the Contractor. Is behalf with respect to the Project. § 3.1.2 The Contractor shall perform the Work in accordance and/or compliance with the Contract Documents. § 31.3 The Contractor shall not be relieved of obligations to perform the Work in accordance and/or compliance with the ContractDocuments either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections, or approvals required or performed by persons other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Before starting the Work or each portion of the Work, the Contractor shall carefully study and compare the various Drawings, Contract Documents, materials, and other information fiunished by the Owner through the Architect pursuant to Section 22 relative to the Work or thatportion of the Work, shall take field measurements ofany existing conditions related to the Work or that portion of the Work, and shall observe any conditions at the site affecting the Work or a portion of the Work. The Contractor shall promptly report to the Architect, in writing, any errors, inconsistencies, omissions, or differences discovered in the Contract Documents and/or differences between field measurements or conditions in the Contract Documents as a request for information in such form as the Architect may require. If the Contractor fails to perform the obligations of this Section 3.2.1, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. § 3.2,2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3 .6 and 4.3.7. If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.'Ihe Contractor shall not be liable to the Owner or the Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized, Init. ZA Dosumem A20191 -2007. Copyright ®1911, 1915, 1918, 1925,1937, 1951, 1958, 1961, 1963, 1966, 1970,1976, 1987, 1997 and 2007 by Tne Amencan institute ofArchitacts. AM rights reserved. WARNING: This A10 Document is protected by U.S. Copy dght Law and International Treaties. Unauthorized 9 reproduction or distribution of this AIAe 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 AlA software at 13:19:37 on 03/0112010 under Order No.3595293569 1 which expires on 07/30/2010, and is not for resale. j User Notes: As modified by Owner, October 8, 2007. Vol, l 3 Pg.- 1 /1 / (1147623472) through the exercise of reasonable diligence, such error, inconsistency; omission or difference and knowingly failed to report it to the Architect. (Paragraph deleted) § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall be responsible for the supervision and direction of 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, including safety procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contact Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and the Architect and shall not proceed with that portion of the Work without further written instructions from the Architect, after approval from the Owner. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of the changes proposed by the Contractor, the Contractor shall not be responsible for any resulting loss or damage. § 3.12 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors, Sub - subcontractors, and suppliers, and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or performing a portion of the Contractor's obligations under the Contract Documents. § 3.3.3 The Contractor shall be responsible for inspection of portions of the Work already performed to determine that such portions are in proper condition to proceed with subsequent Work. § 3.3.4.4 The Contractor shall keep a daily log of all construction activities and progress and shall submit copies to the Architect with the Contractors Initial Application for Payment at each monthly progress meeting. § 33.5 (deleted) § 3.3.6 When applicable law requires that services be performed by licensed professionals, the Contractor shall provide those services through the performance of qualified persons or entities duly licensed and authorized to practice their professions in the State of Texas. The Owner reserves the right to request a replacement or substitute of such persons or entities at any time thereafter in accordance with the Contract Documents if such persons or entities are unsatisfactory or unacceptable to the Owner. § 3.33 (deleted). § 3.3.6 The Contractor shall perform no portion of the Work for which the Contract Documents require the Owner's review of submittals, such as Shop Drawings, Product Data, and Samples, until the Owner has approved each submittal. § 3.3.9 The Work shall be in accordance with approved submittals, except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Owner's approval of the submittals such as Shop Drawings, Product Data, Samples, or other submittals, unless the Contractor has specifically informed the Owner in writing of such deviation at the time of submittal and (1) the Owner has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in the submittals such as Shop Drawings, Product Data, Samples, or other submittals by the Owner's approval thereoE § 3.3.10 The Contractor shall direct specific attention, in writing or on resubmitted submittals such as Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Owner on previous submittals. In the absence of such written notice, the Owner's approval of a resubmission shall not apply to such revisions. AIA Document A201 TM — 2007. 009 '9 1915, 1916, 1825, 1937, 1851, 1958, 1961, 1983, 1986, 1970, 1976, 1987. 1997 and 2007 by The American lnit InsOtute ofArehitects. All rights reservod. WARNING: This AM Document Is protectetl by LLS, Copyright Law and International TmaDes. Unauthodzad 10 reproducdan or disVibution of thla AIA* Document, or any podion of it, may resua in severe cWtl and criminal penalties, and will De pmcecuted to the 1 maximum eslent P. 1b under the law. Thisdocumentwas produced DyAlA software et 19;19;37 on 03/0172010 Under Oprde 5293569_l whicJi e>yires on 07/30/2070, end Ia not for resale. rO1. 13 n t11g7gy3g721 0 ser Notes: Aa modfed by Owner, October a, 2007. Y 1" g, § 3.3.11 The Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences, and procedures, including safety procedures, and for coordinating all portions of the Work under the Contract Documents, § 3.3.12 The Contractor shall, at all times, keep the Owner informed of the progress and quality of the Work. § 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, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 When a material is specified in the Contract Documents, the Contractor may make substitutions only with the prior written consent and/or approval of the Owner, after evaluation by the Architect and in if appropriate, in accordance with a Change Order. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons or entities carrying out or performing the Contract. The Contractor shall not permit the employment of unfit persons or persons not skilled in the tasks assigned to them. The Owner, at its sole discretion, may request Contractor to remove any unfit person or persons not skilled in the tasks assigned to them and to replace such person or persons with aperson or persons having adequate skills to successfully complete and/or perform the tasks assigned to them. § 3.4.4, Acceptance of materials by or on behalf of the Owner does not bar future rejection if the material is subsequently found to be defective, or inferior in quality or uniformity or to material specified, or to not be as represented by the Contractor. § 3.4.5 The Contractor, its Subcontractors, Sub - subcontractors, and suppliers shall pay all costs as they become due - and shall not allow any lien, arising from the work to be performed by Contractor under the Contract, including, but not limited to, mechanics and materialmen liens and/or construction liens to be placed on any portion of the Work or the Project. In the event any such lien is filed, the Contractor shall pay same in full, including all costs and expenses associated therewith, including, but not limited to, attomey's fees, if any, and shall, at its sole cost and expense, cause such lien to be released, and the release filed in the lien records of Brazos County, Texas; provided, however, if Contractor disputes such lien in good faith, Contractor shall provide a bond to secure the release of such lien pending resolution of such dispute. . § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner and the Architect that materials and equipment furnished under the Contract will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, that the Work will be good and workmanlike, that the Work will be free from defects that render the premises unsafe, unsanitary, or otherwise unfit for occupancy, use or habitability, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and/or authorized, may be 'considered defective at the sole discretion of the Owner, after consultation with the Architect. The Owner shall not pay for Work it deems defective. Ifthe Work is deemed defective and/or non - conforming, the Contractor shall correct, repair, or replace the deficient or non - conforming Work arm cost to the Owner and indemnify and hold harmless the Owner from and against any loss suffered as a result thereof. The Contractor's warranties exclude any remedies for damage or defect caused by defective design by the Architect or other consultants of the Owner, abuse of the Owner, modifications not executed by the Contractor, improper or insufficient maintenance by the Owner, or improper operation of the Owner. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES § 3.6.1 The Owner is exempt from the Texas Sales Tax on any purchase, lease or rental of tangible personal property and will issue Certificates of Exemption from the Texas State Sales Tax on materials furnished by Contractors on Brazos County construction projects. The Suppliers shall obtain Certificates of Resale from the General Contractor in order to avoid payment of the State Sales Tax on materials incorporated in Brazos County construction Projects. Init AIA Document A201--2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized 11 reproduction or distribution of this AIAs Document, or any portion of a, may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible underthe law. This documenlwas produced byAlAso are at 13:19:37 on 03/012010 under Order No .3595293569_1 which expires e User No[ s: As modified by Owner, October 8, 2007. Vol , Pp 18J (1147623472) Failure of the Suppliers to obtain Certificates of Resale from the General Contractor shall make the Suppliers responsible for absorbing the Tax. § 3.7 PERMITS, FEES AND NOTICES § 3.71 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building . permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Contract and which are legally required when the Owner accepts the Contractor's proposal and awards the Project to the Contractor after the conclusion of the negotiations. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project and applicable to performance of the Work § 3.7.3 It is not the Contractor's responsibility to ascertain that Work is in accordance with applicable laws, statutes, ordinances, building codes, and rules, and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and the Owner in writing, and necessary changes shall be accomplished by appropriate Modification, unless the Contractor recognized such Don- compliance prior to the execution of the Contract and failed to notify the Architect and the Owner. § 3.7.4 If the Contractor performs Work it knows or reasonably should know pursuant to Building Industry Standards, is contrary to applicable laws, statutes, ordinances, building codes, rules, and regulations, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs and expenses attributable to correction, repair, or replacement §3.7.5 Securing building permit or permits, and utility connection permits as required by state, county, or city laws, ordinances and regulations is the responsibility of the Contractor, whom shall give all notices necessary in connection herewith. Utility tap fees and/or connection and permit fees shall be paid by the Contractor. §3.7.6. All work shall comply with local and other governing ordinances, codes, and regulations, but this requirement does not relieve the Contractor of the responsibility for complying with specifications if the requirements of the specifications exceed those governing codes and regulations §3.7.7 (deleted) (Paragraph delete § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for the stated allowance amounts shall be included in the Contract Sum, but not in the allowances, except when installation is specified to be part of the allowance; .3 Whenever the approved cost is more than the allowance, the excess cost shall be paid by the Owner or charged to the remaining balance of one or more of the other allowances. Whenever the approved cost is less than the allowance, other items of additional subcontractor work may be charged to the allowance at the Owner's option without further mark -up for overhead and profit Additional work done by the Contractor's own forces may receive a reasonable mark -up in accordance with paragraph 7.2 of Supplementary Conditions. Any balances remaining in allowance at project completion shall be credited to the Owner by Change Order Init AIA Document A201TM— 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIAs Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 1 maximum Went poasNle under the law. This document was produced by AIA software at 13:19:37 on 03/01/2010 under Order No.35952935691 which expires on 07/3012010, and is not for resale. User Notes: As modified by Owner, October 8, 2007. / (1147623472) " Vol. - Pg. � 0 7 § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient yet reasonable time to avoid delay in the Work. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed in written request in each case. § 3.9.2 The superintendent shall be satisfactory and/or acceptable to the Owner, after consultation with the Architect, and shall be replaced as soon as practicable, and no later than two weeks after, a written request submitted by the Owner, (after Owner has consulted with the Architect), that the superintendent is unsatisfactory and/or unacceptable to the Owner. (Paragraph deleted) § 3.10 CONTRACT'OR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being av txded the Contract, shall prepare and submit, for the Owner's and the Architect's information, the Contractor's Construction Schedule for the Work. The Schedule shall not exceed time limits current and/or established under the Contract Documents and shall be in such detail as required under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and the Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work (Paragraph deleted) § 3.10.3 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals that is coordinated with the Contractor's Construction Schedule required by the Contract Documents and allows the Architect reasonable time to review submittals. Notwithstanding any schedules submitted by the Contractor, the Owner is entitled to the full use of the Contract Time and the Contractor's schedule should be presented accordingly. § 3.10.4 The Contractor shall perform the Work in general accordance and/or compliance with the most recent schedules submitted to the Owner and the Architect, after review and acceptance thereof § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 The Contractor shall maintain at the site for the Owner's convenience one (1) record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one (1) record copy of approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared to be used and/or reviewed for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work f§ 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Work will be evaluated. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of such submittals is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action to may be so identified in In IL AIA Document AZOtTM — 2007. Copyright ®1911, 1916, 1918, 1925, 1937, 1951, 1958, 1961, 1953, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute ofArthiteCS. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Trestles. Unauthorized 13 reproduction or distribution of this AIA* Document, or any portion of h, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 13:19:37 on 03/01 @010 under Order No.35952935691 which expires on 0713012010, and is notfor resale. er Notes: As modiaed by owner, October 8, 2007. Vol. V pg. (1147623472) Uol, the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without further action. § 3.12.5 The Contractor shall review, for compliance with the Contract Documents, stamp, approve, and submit to the Architect Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such a manner and sequence as to cause no delay in the Work or in the activities of the Owner or if separate contractors. Submittals that are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without further action. It, in the opinion of the Architect, the Shop Drawings are incomplete, indicate an inadequate understanding of the work covered by the Shop Drawings, or indicate a lack of study and review by the General Contractor prior to submittal to the Architect, the Shop Drawings will be returned, unchecked, to the Contractor for correction of these deficiencies and subsequent re- submittal. § 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.71he Contractor shall perform no portion ofthe Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by the Architect, after consultation with the Owner. The Architect shall review and approve or reject submittals within fourteen (14) days of receipt from the Contractor. § 3.12.8 The Work shall be in accordance with approved submittals, except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, after consultation with the Owner, unless the Contractor has specifically informed the Architect and the Owner in writing of such deviation at the time of submittal and (1) the Architect, after consultation with the Owner, has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct the Architect's specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering, unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided the Owner and the Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve, or take other appropriate action on submittals, after consultation with the Owner, only for the limited purpose of assessment of such for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. AIA Document A201^' — 2007. Copyright ®1911, 1915, 1918, 1925, 1957, 1951.1958, 1981, 1963, 1966, 1970, 1976, 1987; 1997 and 2007 by The American Inik Institute ofAmhitects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA* Document, or any portion of d, may result In severe civil and criminal penalties, and will be prosecuted to the 1 m Imum extent possible under the law. This document was produced by AIA software at 13:19.37 an 031012010 under Order No.3595293569_iwhichexoires on 071302010, and is not for resale. '� C User Notes: As modiffedby Owner, October 8, 2007. Vol ,,-,. J Pg, 1147623472) § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, and the Contract Documents as long as such is,in accordance. with such laws, ordinances, and permits, and shall not unreasonably encumber the site With materials or equipment. § 3.14 CUTTING ANA PATCHING § 3.14.1 The Contractor shall be responsible for the cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction by the Owner or separate contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not out or otherwise alter such construction by the Owner or a separate contractor, except with the prior written consent and/or approval of the Owner and of such separate contractor, which such consent and/or approval shall not be unreasonably withheld. The Contractor shall not unreasonably Withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations Ruder the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents after reasonable notice from the Owner of such failure, the Owner may, at its sole discretion, do so and the cost thereof shall be charged to the Contractor and be due and payable upon request by the Owner. § 3.16 ACCESS TO WORK § 3.16.1 The Contractor shall provide the Owner and the Architect access to the Work in preparation and progress wherever located. In addition, Contractor shall provide the Owner, the Architect, and any government or public representative who may lawfully request access to the Work, proper facilities and/or equipment for access to the Work, provided that Contractor shall be entitled to reimbursement from Owner for any costs incurred by Contractor in providing facilities and/or equipment § 3.16.2 The Architect, the Owner, and their authorized representative shall have access at all times to the Work for inspection wherever it is in preparation or progress, and the Contractor shall provide proper access for inspection_ § 3.16.3 The Contractor agrees to submit all required documentation reports and other submittals on a timely basis and in accordance with the specified time frames. Penalties for delinquent reporting may include withholding of payments until such time all reports are received. All such Contract information shall be furnished to the requesting party in Brazos County, Texas. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS § 3.17.1 The Contractor shall pay all royalties and license fees associated or in connection with the Work or the Project The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and the Architect harmless from loss on account thereof, but the Contractor shall not be responsible for such defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or the Architect. However, if the Contractor has reason to believe that the required design, process, or product is an infringement of a copyright or apatent, the Contractor shall be responsible for such loss, unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 TO THE FULLEST EXTEND PERMITTED BY LAW THE CONTRACT SHALL INDEMNIFY AND HOLD HARMLESS THE OWNER, ARCHTTECT, ARCHITECT'S CONSULTANTS, AND AGENTS AND EMPLOYEES OF ANY OF THEM FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK, PROVIDED THAT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH, OR TO AIA Document A201 "' — 2007. Copyright ®1911,1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997 and 2007 by The American Ink. AIA of Architects, All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA° Document, or any portion of Ip may result in severe civil and criminal penalties, and will be prosecuted to the I maximum extent possible underthe law. This document was produced by AIA software at 13:19:37 on 0310112010 Under Order No.3595293569_1whichwpires an 0713012D10, and is not for resale. User Notes: As modified by Owner, October 8, 2007. vol, _ 11147623472) INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE CONTRACTOR,A SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED By THEM OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN PART BY A PARTY INDEM LAMED HEREUNDER. SUCH OBLIGATION SHALL NOT BE CONTINUED TO NEGATE, ABRIDGE, OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO A PART OR PERSON DESCRIBED IN THIS SECTION3.18. IN THE EVENT OF ANY CONFLICT BETWEEN THIS PROVISION AND AIA A101 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR; SECTION 8.7, THE PROVISIONS OF AIA A101 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR, SECTION 8.7 SHALL GOVERN. § 3.181 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3:18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor, or a Subcontractor, under workers' compensation acts, disability benefit acts, or other employee benefit acts. § 3.18.3 Subject to § 83.1, the Contractor agrees to indemnify and hold the Owner, the Architect, and the Architect's consultants harmless from and against any and all loss or damage arising out of labor strikes or jurisdictEonal labor disputes or other labor troubles of any kind that may occur during performance of the Work. §3.19 WAGE RATES PREVAELING §3.19.1 No employee used in this construction may be paid less than the minimum wage rate provided in Chapter 62 of the Texas Labor Code, the Texas Minimum Wage Act §3.19.2 The following are the rates of pay for some classifications that prevail in the locality of this project. Contractors shall identify, briefly describe, and request a pre- determination of rates for emts (or apprentice programs) not included in the following Wage Pre - Determination. Such request shall be made within 15 days after contract award. Concrete Finisher 13.88 Bricklayer 17.21 Carpenter 12.78 Plasterer 11.90 Waterproofer, Exterior 11.99 Laborer 9.85 Pipeftter 18.80 Plumber 22.39 Sheetmetal Worker 1&55 Electrician 1&90 Paints 11.66 Paperhanger 12.60 Flooring Layer, Resilient 12.10 Tile & Marble Setter 15.00 Glazier 12.60 Terrazzo 17.50 Elevator Mechanic 26.72 Carpet Layer 12.10 Caulker 12.82 Drywall System Installer 10.26 Equipment Operator 15.24 Lather 15.88 Millwright 15.26 Sprinkler Fitter 17.75 AIA Document A201- -2007. CopyrightO 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1905, 19fu, lalu, 1Yar, Iner ens mur or INL Institute of Archllects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treatlos. Unauthorized 16 reproduction or distribution of this AIA! Document, or any potion of R may result in severe civil and criminal penalties, and will be prosecuted to the r maximum extent possible under the law. This document was produced by AlAsoftware at 13:19:37 on 0/3/'0'1!2010 under Order No.3599�522993569 !which expires on 0713012010, and Is not for resale. Vol. _ / _, i pg. lee E (1147623472) User Notes: As modified by Owner, October 8, 2007. —�.��L 1� V V Steelworker, Reinforcing 12.07 Steelworker, Structural 14.60 Stonemason 17.08 Electrician 11.03 Roofer 11.58 §3.19.3 Multiplier for overtime rate: for over 40 hours pet week - multiply the Base Rate times 1.5. ARTICLE 4 ARCMTECT § 4.1 GENERAL § MA The Owner shall retain an architect lawful licensed to practice architecture or an entity lawful practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred tot through the Contract Documents as if singular in number § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, the Contractor, and Architect. Consent shall not be unreasonably withheld, conditioned or delaj zd . § 4.1.3 Architect, Engineer, Architect/Engineer or Engineer /Architect. § 4.1.3.1 Each of these terms means the designer consultant or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within the scope of the particular duties entrusted to them, unless otherwise provided in the Contract Documents. § 4.2 ADMINISTRATION Or THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will assist the Owner's representative during construction, until the date the Architect, after consultation with and approval by the Owner, issues the final Certificate for payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.22 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the owner to become generally familiar with the progress and quality of the portion of the Work completed., and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance and/or compliance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to evaluate the quality or quantity of the Work,. The Architect will not have control over, charge o$ or responsibility for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress . and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION. Except as otherwise provided in the Contract Documents or when died communications have been specifically authorized, the Owner and the Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors, and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. IniL ALA Document A201°-2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961.1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights mserved. WARNING: This A10 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this Aie Document, or any portion of It may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possues under the law. This documentwas produced byAlA software at 13: 18: 37 on 03/01/2010 under Order No.3595293569_1 which expires on 07/3012010, and Is not for resale. User Notes: As modified by Owner, October 8, 2007. '1147623472) Vol. 1 c3 pg. /947 § 4.2.6 The Architect, after consultation with the Owner,have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers, after consultation with the Owner, it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 14.5.2 and 14.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority ofthe Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities perforating portions of the Work. § 41.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of cbwldng for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. ?the Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect in writing, of any construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work after prior written approval of the Owner's Designated Representative as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, pursuant to Section 9.10; and will issue a final Certificate for Payment pursuant to Section 9.10. § 4110 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be set forth in an exhibit to be incorporated in the Contract Documents.. § 4.2.11 The Architect will 'interpret and make recommendations on matters concerning performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon a otherwise with reasonable promptness. § 4.2.12 Interpretations and recommendations of the Architect will be consistent with the intern of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and recommendations, the Architect will endeavor to secure faithful performance by both the Owner and the Contractor and will not be liable . for results of interpretations or decisions so rendered in good faith. § 4.2.13 The Owner's, through its Architect, decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents, The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental drawings and Specifications in response to the requests for information. Incl. AIA Document AZ01TM— 2007. Copyright* 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction of distribution of this A10 Document, or any portion of a, may result in severe civil and criminal penalties, and will he prosecuted to the t maximum extent possible underthe law. This Document was produced by AIA software at 13 :19:370 0310112010 under Order No.35952935691 which expires on 0713012010, and Is notfor resale. - User Notes: As modified by Owner, October 9, 2007. VOI. rip. [ © (1147623472) ARTICLE SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means ,a Subcontractor or an authorized representative of the Subcontractor or otherwise furnish labor or materials. § 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor or otherwise furnish labor or materials under a subcontract or a direct or indirect contract with a subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, but no later than thirty (30) days after the Notice to Proceed issued by the Owner, shall furnish in writing to the Owner and the Architect the names of additional persons or entities (including those who are to furnish materials or equipment fabricated to a special design) not originally included in the Contractor's Proposal or in substitution of a person or entity proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether or not the Owner or the Architect, has reasonable objection to any such proposed person or entity (2) that the Architect requies additional time for review. Failure of the Owner or the Architect to reply within the fourteen (14) day period shall constitute notice ofno reasonable objection. However, the Owner reserves the right to request a replacement or substitute of such persons or entities at anytime thereafter in accordance with the Contract Documents if such persons or entities are unsatisfactory or unacceptable to the Owner. Prior to awarding a contract to any Subcontractor the General Contractor shall submit a list of all Subcontractors proposed for any part of the work in the project, to the Architect/Owner for his approval. § 5.2.1.1 Acceptance of or failure to object to any or all listed persons or entities by the Owner or the Architect does not relieve the Contractor of any responsibility or liability for the listed person or entity. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect bas reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change, unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes a reasonable objection to such substitution. Acceptance of the substitution Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in contract amount §5.2.5 The Contractor shall submit the list of proposed Subcontractors and any changes thereto on AIA Document G805. § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Init. AIA Document A201"' -2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1858, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this Ale Document, or any portion of a, my result in severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced by AIA softwem at 13:19:37 on 0 310112 01 0 under Order No.35952935691 which expires on 07/302010, and is not for rosale, y r� R User Notes: As modified by Owner. October 8, 2007, Vol. I �5 r g. � p I (1147623472) Owner and ArchiteeL Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. § 5.3.2 The Contractor is fully responsible and liable for acts and omissions of its Subcontractors, and persons or entities either directly or indirectly employed by them, or under their control, as the Contractor is for its own employees. § 5.3.3 Nothing in the Contract Documents creates any contractual relationship between and Subcontractor and Sub - subcontractor or other tiers, and the Owner or the Architect, except where specifically provided for otherwise in the Contract Documents § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided th at: 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the ConttacL When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension as agreed upon by the parties. (Paragraph deleted) ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 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 or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. if the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 The term "separate contractor" shall mean any contractor hired, employed, or retained by the Owner pursuant to Section 6.1.1 above. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate, with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after ajoint review and mutual agreement The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. (Paragraph deleted) AIA Document A201ra— 2087. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,1987, 1997 ana 2uul Dy i rte nmencen IOIL Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AtA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible underthe law. This dowment was produced by AIA software at 13:19:37 on 03/012010 under Order No.3595293569_1whichexi ims on W /302010, and Is not For resale. User Notes: As modified by Owner. October 8, 2007. (1147623472) Vol. 35 Pg. Lq.I § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends on proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not than reasonably discoverable. § 6.2.3 The Owner shall be reimbursed by the Contractor for costs the Owner incurred that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction.. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defoctive construction. § 6.2,4 The Contractor shall promptly remedy damage wrongfJlly caused by the ( 33ntractor to completed or partially completed construction or m property of the Owner or separate contractors as provided in Section 10.2.5. (Paragraph deleted) § 6.3 OWNER'S RIGHT TO CLEAN UP § 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner clean up and allocate the cost among those deemed responsible by the Owner. ARTICLE 7 CHANGES IN THE WORT{ § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor.; an order for a minor change in the Work may be issued by the Architect, if approved by the Owner whose approval shall not be unreasonably withheld. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. §7.2.3 Change Orders will be executed on AIA Document G701, Change Order. § 7.3 CONSTRUCTION CHANGE DMCTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Stmt or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Stun and Contract Time being adjusted accordingly. In1L AIA Document A201--2007. Copyright O 1911, 1916, 1916, 1925, 1937, 1951, 1958, 1961,1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. A0 rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIA*- Document, or any portion of k, 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 ALA software at 13:19:37 on 0 3/0112 01 0 under. Order No.35952935691 which expires on 07130/1010, and is not for resale. `/��), user Notes: As modified by Owner, October 6, 2007, Vol. 1 7� a T �. 'r �7 (1147623472) I iJ1 § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: - .1 Mutual acceptance of a lump Burn properly itemized and supported by sufficient substantiating data to permit evaluation; ,2 Unit prices stated in the Contract Documents or subsequently agreed upon in writing, .3 costs to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 7.3.6. § 73.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for an allowance for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shaR keep and present, in such form as the Architect may prescribe, an itemized accounting, together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 Costs of Labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and worker's compensation insurance, .2 Cost of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use of similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.7 (Paragraphs deleted) The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in applications for Payment The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonable justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim Amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute the Architect will Init. AIA Document A201TM — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 22 reproduction or distribution ofthis AIA' Document, or any portion of a, may result In severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This docume nt was pmdumd by AIA software at 13: 19: 37 on 0310112010 under Order No.3595293569 1which expires on 07/3 02 01 0, and Is not for resale. ( �/-�a ' User dotes: As modified by owner, October 6, 2007. Vol. 5 p g. 1, J - I / N (1147623472) /fir make an interim determination, after consultation with the Owner, for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim. § 7.3.9 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be. effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.3.10 in Subparagraph 7.3.6, the maximum allowance for the combined overhead and profit included in the total .cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor's own forces, 10 percent (10 %) of the cost. 2 For the Contractor, for Work performed by the Contractor's Subcontractor, 10 percent (10 0%) of the amount due the Subcontractor. .3 For each Subcontractor or Sub - subcontractor involved, for Work performed by that Subcontractor's or Sub - subcontractor's own forces, 10 percent (10 %) of the cost. .4 For each Subcontractor, for Work performed by the Subcontractor's Sub - subcontractors, 10 percent (10 %) of the amount due the Sub- subcontractor. .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.6. .6 in order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change be approved without such itemization. § 7.4 MINOR CHANGES IN THE WORK § 7.4.1 The Architect, after approval by the Owner or the Owner's Designated Representative, has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by Written order and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINTL'IONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in The Contract Documents for Substantial Completion of the Work, § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 82.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is areasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The commencement Work shall not be changed by the effective date of snob insurance. Unless the Commencement Date is established by the Contract Documents or anctioe to proceed issued by the Owner, the Contractor shall notify the Owner in writing, not less than five (5) days or other agreed period, before commencing the Work to permit the timely filing of mortgages, mechanic's liens, and other security interests. Init. AIA Document AM` 2007. Copyright ®1911, 1915, 1918, 1925, 1937,1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by the Ameecan Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIA° Document, or any portion of it may result in severe civil and criminal penafum, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced by AIA software at 13:19:37 on 0 310 1/2 0 10 under Order No.35952935691 which expires on 0713012010. amodified by Owner, October 8, 2007. C1147623472) User Not": As nd Is not for regale. Vol.___ 3� g ___ § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. Should the Contractor fail to achieve Substantial Completion within the Contract Time, the Contractor shall be assessed liquidated damages in the amount of Three Hundred andNO /100 ($300.00) per calendar day after Substantial Completion should have been achieved. The parties agree that such liquidated damages are a reasonable forecast of the possible damages the Owner may sustain and such was determined at the time the Contract was made and entered into by the parties. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 if the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owaer or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, unanticipated rain days or other adverse weather conditions, or other causes beyond. the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. Extensions of time for delays occasioned by unanticipated rain days or other adverse weather conditions will be granted on the basis of one regular working day extension for each regular working day last. Thus for each five regular working days thus lost, seven calendar days will be added to the contract time. No increase in the Contract Sum will be allowed for extensions of time granted for unanticipated rain days or other adverse weather conditions. § 8.3.2 Time extensions may be requested for rain days (where rainfall exceeds 0.10 inch in 24 hours) only to the extent they are in excess of the number of days listed in the following table: Average Number of Anticipated Rain Days (0.10 inch or more) to be Included in Bid Completion Time January -5 February -6 March .5 April -6 May -4 June -5 July - 3 August -4 September -6 October -4 November -5 December -5 .(Paragraphdeleted) ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES §9.2.2 Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect, after approval by the Owner, may require. This schedule, unless objected to by the Architect after approval by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment §9.2.2 In order to facilitate the review of Applications for Payment, the Schedule of Values shall be submitted on AIA Document G702 and G703 and shall include the following: .1 General Contractor's cost for Contractor's fee, bonds and insurance, mobilization, etc, shall be listed as individual line items. .2 Contractor's costs for various construction items shall be detailed For example, concrete work shall be sub - divided into footings, grade beams, floor slabs, paving etc. These subdivisions shall appear as individual line items. AIA Document AZDI -- 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1957, 1997 and 2007 by The American IRit Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. copyright Law and Intematimmi Treaties. unauthorized 24 reproduction or distribution of this AIAe Document, or any portion of h, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum ardent possible underthe law. This documentwas produced by AIA software a"t�13:::11 -99:37 on 031012010 under Order Noa35952935691 which expires on user Notes: A anddi modified by w e r, VOI. (%J / n (1147623472) user Notea: As modified by Owner, October e, 2007. ttt-- -CCC"" Pg. I .3 On major subcontracts, such as mechanical, electrical and plumbing, the schedule shall indicate line items and amounts in detail (for example; underground, major equipment, fixtures, installation of fixtures, start up, etc.). A separate line item for trench safety systems shall be included on both the schedule of values and application for payment .4 Costs for subcontract work shall be listed without any addition of General Contractor's costs for overhead, profit or supervision. .5 Where payment for stored materials may be requested prior to installation, material and labor shall be listed as separate line items. .6 Where work occurs at more than one phase or floor, for the Owner's accounting purposes and to facilitate the checking of the Contactor's Applications for Payment, costs shall be scheduled separately for each building on the G703 Continuation Sheet. § 9.3 APPLICATIONS FOR PAYMENT § 93.1 At least ten (10) days before the date established for each progress payment, the Contractor shall submit to the Owner an itemized Application for Payment for operations completed in accordance with the current schedule of values if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Ownts or Architect, after approval by the Owner, may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim detemlinataions of the Architect, after approval by the Owner, not yet included in Change Orders. § 9.3.1.2 Applications for Payment may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier providing services for the Contractor, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest and shall include the costs of applicable insurance, storage, and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner upon receipt of payment 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 the Owner shall, to the best of the Contractor's knowledge, information and belies; be free and clew of liens, claims, security interests or encumbrances in favor of the Contractor, its Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. Notwithstanding the foregoing the Contractor shall provide executed release of lien forms from all Subcontractors, suppliers, and other persons or entities providing labor, materials, or equipment relating to the Work that shall receive payment from the amount certified - §9.3.4 The Contractor will submit to the Architect for approval three (3) copies of applications for payment using AIA Documents G702 and G703, Application and Certificate for Payment, 1992 Edition. All blanks in the form must be completed and signature of Contractor and notary public must be original on each form. §9.3.5 Partial payments, verified and approved by the Architect, amounting to 95% of the cost of work completed and material suitably stored at the site as of the last day of each month will be paid to the Contractor not later than thirty (30) days after the Owner receives the application for payment following the period for which payment is requested. AIA Document A20" — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 7966, 1970, 1976, 1987, 1 B97 and 2007 by The American InIL InsOtute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 2$ reproduction or distribution of this AIAe Document, or any portion of 74 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at f3: 19: 37 on 03101/2010 under Order No.3595293569_1 which expires on 0713012010, and is not for resale. 1147623172) User Notest As modified by Owner, October 8, 2D07. ' I (]. 'mot VOL 13!5 _ 11 + §9.3.6 Submittal of a request for payment shall constitute an affidavit by the Contractor that the payment certificate represents the true cost of the work perforated and that of all indebtedness for the previous payment periods have been paid by the Contractor. §9.3.7 Upon substantial completion of the work, 95% of the total cost of the work will be payable to the Contractor. The remaining 5% of the total cost will be payable within 30 days after final acceptance of the project by the Owner, upon presentation to the owner of a request for final application for payment, written release from all liens and an affidavit that all indebtedness incurred as a result of the construction of this project has been paid by the Contractor, and consent of surety, if any. § 9.4 CERTIFICATES FOR PAYMENT l§ 9.4.1 The Architect will, within seven (7) days alter 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 as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will cm: titute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that to the best of the Architect's knowledge, infrrmationandbeliet the Workhas progressed to the point indicated and that, thequalityof the Work is in accordance and/or compliance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to evaluate the quality or quantity of the Work (2) reviewed construction means, methods, techniques, sequences or procedure, (3) rMewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's rightto payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECLSIONS TO WUHHOLD CERTIFICATION § 9.5,1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion, the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and the Owner as provided in Section 9.4.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may he necessary, in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of: .1 defective Work not remedied; 2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner, a separate contractor, or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance and/or compliance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld (Paragraph deleted) AIA Document =ire— 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 7967, iB58, 1967, 1963, 7966, 1970, 1976, 1987, 1997 and War by The American IniL Institute of Architects. All rights reserved. WARNING: This AIA* Document 1s protected try U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIA* Document, or any portion of a, may "nit In severe civil and criminal penalties, and w411 be prosecuted to the t maxlmdme: tent possible underthe taw.a'h' _ — fi'rtugl�><> s User Notes: Aand9sl d by weer, Vol. 'l O (1747623472) on User Notes: 0. mod�ed by owner, DrtobdfB; Rlnf. ��J r g. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents and shall so notify the Architect. The Owner will make monthly progress payments to Contractor within thirty (30) days after receipt by the Brazos County Auditor of a Certificate for Payment from the Architect. The Owner shall withhold five percent (5%) retainage, from each progress payment until thirty (30) days after the Contract is completed. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work performed by such Subcontractor. § 9.64 The Owner has the right to request release of lien forms or similar written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, th e Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the owner nor Architect shall have an obligation to pay or to see to the payment of money to a subcontractor, except as may otherwise be required by law. ` § 9.65 Contractor payment tomaterial suppliers shall be treated in a manner similar to thatprovided in Sections 9.6.1, 9.6.2 and 9.6.3. § 9.6.6 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 and/or compliance with the Contract Documents. § 9.61 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money ofthe Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or for reasons other than those enumerated in Section 9.5.1, if the Owner does not pay the Contractor within thirty (30) days after the date established in the Contract Documents the amount certified by the Architect then the Contractor may, upon seven (7) additional days' prior written notice to the Owner and the Architect, request a meeting with the Owner and the Architect to immediately resolve the Certificate of Payment issue. If the issue is not resolved within seven (7) days after such meeting, then the Contractor may stop the work until payment of the amount owing has been received: The contract time shall be extended appropriately and the contact sum shall be increased by the amount of the contractor's reasonable cost of shut -down, delay and start -up, plus interest as provided for in the Contract documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance and/or compliance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. In order for the Work or a major portion thereof to be considered Substantially Complete, the following conditions must be met: .1 All inspections of the Work by governmental authorities having jurisdiction over the project must have been finalized, any remedial work required by them musthave been completed, and Certificates of Occupancy and similar governmental approval forms relating to the Work must have been issued and copies delivered to the Owner and Architect. A DoeumeM A201-- 2007. Copynght 01911, 1915, 1918, 1925, 1937, 1951, 1858, 1961. 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American InInit. MA Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AW Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible underthelaw. This document was, produced by MA, software at 13:19737 on 03101 MCI 0 under Order 5952935691 which expires on 071302010, and is not for resale, /'' /v�� User Notes: As modified by Owrnr, October 8, 2007. 2 '"') P I _:'f (1147823472) Vol. J� --- -✓ 1" C �� -- ��+—�' .2 All work, both interior and exterior, shall have been completed and cleaned except minor items which, if completed after occupancy, will not, in the Owner's opinion, cause interference to the Owner's use of the building or any portion thereof. A significantly large number of items to be completed or corrected will preclude the Architect from issuing a Certificate of Substantial Completion. The Owner and Architect will be the sole judge of what constitutes a significantly large number of items. It is anticipated that the detailed list of items of work to be completed or corrected at the Date of Substantial Completion will be no longer than one or two typed pages. § 9.82 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed, corrected, or repaired prior to final payment The Contractor shall complete any and all listed items or otherwise achieve final completion within thirty (30) days of Substantial Completion unless unusual or unexpected circumstances prevent the Contractor form doing so. Failure to include an item on such list does not alter the responsibility of the Contractor to complete, correct, or repair all Work in accordance and compliance with the Contract Documents. Should the Architect, after consultation and agreement by Owner, reasonably determine that the Contractor's list of items to be completed or corrected lacks sufficient detail or requires extensive supplementation, the list will be rem med to the Contractor for revision and the inspection for determining the Date of Substantial Completion will be delayed until the list submitted is a reasonable representation of the work to be done. § 9.8.3 Upon receipt of the Contractor's list, the Architect will, make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall before issuance of the Certificate of Substantial Completion complete, correct, or repair such item upon notification by the Architect,motification. in such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion.. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, 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. After the date of Substantial Completion of the Project as evidenced by the Certificate of Substantial Completion, the Contractor will be allowed a period of 30 days (unless extended by mutual agreement or provision of the Contract) within which to correct all deficiencies attached to the Certificate of Substantial Completion. Failure of the Contractor to complete such corrections within the stipulated time will be reported to the Contractor's surety. In the report of deficiency, the Contractor and surety will be informed that, should correction remain incomplete for 15 additional days, the Owner will initiate action to complete corrective work out of the remaining contract funds in accordance with Article 14.2. Additional costs of the Owner, Architect, and other consultants incurred because of the Contractor's failure to complete the correction of deficiencies within 30 days after the date of Substantial Completion (unless extended by mutual agreement or provision of the Contract) will be deducted from the funds remaining to be paid to the Contractor. Should corrective work following Substantial Completion require more than one reinspection after notification by the contractor that corrections are complete, the cost of subsequent inspections shall also be deducted from funds remaining unpaid to the Contractor. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof, Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer, as required under Article 11.3.1 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use,may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, AIA Document A201 TM —207. Copydght ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1861, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init Insfitute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28 reproduction or distribution of this AIA* Document, or any portion of it, may result in swum civil and criminal penalties, and will be prosecuted to the i maximum extent possible under the law. This document was produced by AIA software at 13:19:37 on 03/01/2010 under Order No .3595293569_l which a .Vires on 0730/2010, and is not for resale. _ / �lO (1147623472) User Notes: As modified by Owner, October 8, 2007. Vol. � Pa O-V _ . . Init. retainage, if any, security, maintenance, heat, utilities, damage to the Work, and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and the Contractor or, if no agreement is reached, by decision of the Architect.. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, informatia: and belief; and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance and/or compliance with terms and conditions ofthe Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due an payable in accordance with the contract documents and upon formal approval of the Commissioners Court, The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected to with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases, and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are in the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. Final payment constituting the entire Unpaid balance of the Contract Sum will be paid by the Owner to the Contractor within thirty (30) days after the final Certificate of Payment has been issued by the Architect. Prior to final payment and in addition to other final close -out items specified, the Contractor shall submit in duplicate to the Architect the following completed forms: .1 Contractor's Affidavit of Payment of Debts and Claims, ALA Document G706. .2 Contractor's Affidavit of Release of Liens, AIA Document G706A (with Contractor's, Subcontractor's, and Supplier's separate releases). .3 Consent of Surety to Final Payment, AIA Document G707. Also specified elsewhere are the following items required prior to final payment: .1 General Contractor's warranty. .2 Subcontractor's warranties. .3 Maintenance and instruction manuals. AIA Document A201 TM — 2007. Copyright (D 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and Inlematlonai Treaties. Unauthorized 29 reproduction or distribution of this AIA® Document, or any portion of a, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underlhe law. This document was produced by AIA software at 13:19:37 on 03/01/2010 under Order No.3595293569 1 which expires on 0713012D1D, and is not for resets. m User Notes: As madifed Owner, October 8, 2007. t �-, Gl (1147623472) Vol. ____s�_- Pg.— .4 Record drawings. .5 Final list of Subcontractors (AIA Document 0805). § 9.10.3 If after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such final payment is subject to formal approval of the Commissioners Court. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been famished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner, except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents; 4. any pending disputed claims or unknown defects incorporated in the Work § 9.10.5 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. ARTICLE 10 PROTECTION OF PERSONS AND.PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible or require subcontractor to do the same, for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract This requirement applies continuously twenty -four (24) hours a day to operations or areas of the premises under Contractor's control and is in no way limited to normal working or business hours. § 10.2 SAFETY OF PERSONS. AND PROPERTY § 1021 The Contractor shall take reasonable precautions for safety og and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on site performing the Work and other persons who may be affected thereby; .2 the Work, and materials, and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, ordinances, regulations, codes, rules and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.2.1 The Contractor shall give notice in writing at least forty eight (48) hours before breaking ground to all persons having interest on or near the site; specifically, public utility companies, owner of property having structures or improvements in proximity to the site of the Work, superintendents, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables and/or railroads who may be affected by the Contractor's operation in order that they may remove any obstruction for which they are responsible and have a representative on site to see that their property is properly protected. Such notice does not relieve the Contractor of responsibility for any damages, claims, and defense of all actions against the Owner and the Architect resulting from the performance of such Work in connection with or arising out of the Contract. AIA Document A201" — 2007. Copyright ®1911, 1915, 1918, 1925,1937, 1961, 1956, 1981, 1963, 1966, 1970, 1978, 1987, 1997 and 2887 by The American In1L Institute of Architects A9 rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Lew and International Treaties, Unauthorized 30 reproduction or distribution of this AIA` Document, crony portion of a, 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 13:19:37 on 031012010 under Order No.3695293669_lwhkherpires on 0713012810, and is not for resale. User Notes: As modified by Owner, October 5, 2007. (1147623472) Vol. Pg. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including, but not limited to, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall give the Owner reasonable advance notice, exercise the utmost care so as to not endanger Life or property, and tarty on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.13 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, Supplier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.12 and 10.2.13. except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. § 10.2.6 The Contractor shall dc�'gnate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent, unless otherwise designated_ by the Contractor in writing to the Owner and the Architect. However, the Owner reserves the right to request a replacement or substitute of such person at any time thereafter in accordance with the Contract Documents if such person is unsatisfactory or unacceptable to the Owner: Such person shall be replaced or substituted as soon as reasonably practicable, but in no event later than two weeks, after request by the Owner. § 10.2.7 The Contractor shall not permit any part ofthe construction or site to be loaded so as to cause danger or create an unsafe condition to persons or property. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be give to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.314AZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a. material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice the Owner shall obtain the services of a licensed laboratory facility to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be presem, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect shall promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, IDIC AIA Document A2111a — 007.00pydght ®1911, 1915, 1916, 1925, 1937, 1851, 1956, 1961, 1963, 1966, 1970, 1976, 19B7.1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this AIO Document, or any portion of a, may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was Produced by AIA software, at 13:19:37 on 03101x2010 under Order N�595293569_1 which expires on 0713012010, and is twtfor resale. 1 �3C-J User Notes: As mod�ed by Owran, October 8, 2007. /O�. pg. pW ) _ (1147623472) damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such clann, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Document, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.15 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material of substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a bn2nrdons material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractors discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LLIBILM INSURANCE § 11.1 GENERAL — Insurance requirements for the project are listed in the Owners Request for Proposal. § ILL 1 Pursutantto the County's Bid Specifications, if any, and this agreement, the Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor and Owner from claims set forth below which may arise out f or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under worker's compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed: .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself; because of injury to or destruction of tangible property, including loss of use resulting there from: .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations (Paragraphs deleted) § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract [nit AIA Document A201- - 2007. Copyright ®1911, 1915, 1916. 1925, 1937, 1951, 1958, 1961, 1963, 1906, 1970, 1976, 1987, 1997 and 2007 by The Amen,an lnsiiWle of Aicbltace, All lights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 reproduction or distribution of this AIAe Document, or any portion of a, may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced by AIA Software at 13:19:37 on 03101/2010 under Order No.35952935691 which etq)lres on 07130/2010, and Is not for resale. ' ^ �1 User Notes: As modified by Owner. October 8, 2007. Vol. 5 / o�' (1147623472) g• P' IniL § 11.13 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage as required by the Contract Documents. Information concerningreduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness Submit three (3) copies of all certificates of insurance in order that one copy may be attached to each copy of the Contract Agreement. § 11.1.4 The Contractor(s) shall not commence work under this Contract until he (each) has obtained all of the insurance required hereunder and such insurance has been filed with and approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. § 11.2 OWNERS LIABILITP INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE §113.1 Unless otherwise provided, the Owner shall purchase and maintain a "Builders Risk" property insurance rider in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value of the entire Work at the site on a replacement cost bass without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3.1 to be covered, whichever is later. This insurance shall include interest of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Work. §11.31 If during the Project construction period, the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance Under policies separate from the insurance provided in 119.1 insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights for damages caused by fire or other causes of loss covered in excess of the policy limits of Contractor's general liability insurance and umbrella or excess insurance. §11.3.3 WAIVERS OF SUBROGAmN. The Owner and Contractor waive all rights against (1) each other and any of thew subcontractors, sub-subcontractors, agents and employees, each of the other and (2) the Architect, Architect's consultants, separate contractors, if any, and any of their subcontractors, sub - subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. (Paragraphs deleted) § 11.3.4 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects daring installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. AIA Document A201 -- 20(n. Copyright ®1811, 1915, 1916, 1925, 1937, iB51, iBSB, 1967, 7963, 1966, 7970, 7876, 1997, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproductlon or distribution of this AIA` Document, or any portion of a, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This documentwa6 produced by AIA software at 13:19:37 on 03/012010 under Order No.3595293569 1 which expires on 07/302010, and Is not for resale. q C User Notes: As modified by Owner, October 6, 2007. VOI. 165 pg. g65 5 (1147623472) 33 § 1L3.5 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. § 11.3.6 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.7 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages that may be required by this Section 113. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days prior written notice has been given to the Contractor. (Paragraphs deleted) § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to famish bonds coverlt:S faithful performance of the contract and payment of obligations arising there under as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UCOVERING AND CORRECTION OF WORK (Paragraph deleted) § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's, the Owner's or a governmental or public authority's request or to requirements specifically expressed in the Contract Documents, it must if required in writing by the Architect, the Owner, or the governmental or public authority, be uncovered for the Architect's examination and be replaced at the Contractor's sole cost and expense without a change to or an addition in the Contract Time. § 121.2 If a portion of the Work has been covered that the Architect, the Owner, or a governmental or public authority has not specifically requested to examine prior to its being covered, the Architect, the Owner or a governmental or public authority request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance and/or compliance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance and/or compliance with the Contract Documents, such costs and the cost of correction„ repair or replacement of the Work shall be at the Contractor's sole cost and expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12 2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct, repair, or replace Work failing to conform to the requirements of the Contract Documents and rejected by the Architect, the Owner, or other governmental or public authority with power to demand such Correction, repair, or replacement, whether discovered before or after Substantial Completion and whether or not fabricated, installed, or completed. The costs of correcting, repairing or replacing such rejected or non - conforming Work including additional testings and inspections the cost of uncovering and replacement, repair or correction, repairing or replacing of non - conforming work and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's sole costs and expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of Work or designated portion thereof, or after the date for commencement. of warranties established under Section 9.9.1 or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance and/or compliance with the requirements of the Contract Init. AIA Document A201 re — 2007. Copydght O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 ey The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 34 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 13:19:37 on 03/012010 under Order No. 3595293569_1 which eryires on 0713012010, and Is not for resale. User Notes: AS modified by Owner, October 8, 2007. Vol. I ii ✓'7 AQ �D (0 .(114762 %72) J/ Pg. �/ Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, but not later than thirty (30) days thereof; unless circumstances prevent the Contractor from doing. so, unless the Owner has previously given the Contractor a written specific acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractors fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. § 12.2.2.3 (deleted) (Paragraph deleted) § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance or compliance with the: >quiremems of the Contract Documents. § 12.2.5 Nothing contained in this Section 122 shall be construed to establish a period of limitation with respect to the Contractor's obligations under the Contract Documents. Establishment of the one year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to Correct the Work, and has no relationship to the time within which the obligation to comply with the Contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations, other than specifically to correct Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORT{ (Paragraph deletern § 12.3.1 If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MLSCELLANEOUS PROVISIONS (Paragraph deleted) § 133 GOVERNING LAW. The Contract shall be governed by the law of the place where the project is located . § 13.2 SUCCEssORs AND ASSIGN &. The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided herein neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. (Paragraphs deleted) § 13.3 WRr'rrEN NOTICE. Written notice shall be deemed to have been delivered in person to the individual, to a specifically, written designated member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGSTs AND REMEDIES. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shalll be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. (Paragraphs deleted) § 13.5116n AND INSPECTIONS. Tests, inspections and approvals of portions of the Work shall be made as required Init ALA Document A201 -- 2007. Copyright 0 1811, 7915, 1918, 1825, 1937,1951, 7858, 1961, 1963,1866, 1970, 1978, 7967, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized 3$ 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 I maximum extent possible under the law. This document was produced by ALA sofwaa/r''�ee at 13:19:37 on 03/01/2010 under Order No.35952935691 which wpires on User Notes As modlfed by Owner, October 8, 2007. �_J eq / (7747623472) Vol. � Pg.___an by the Contract Documents and by applicable laws, statutes, ordinances, codes, Hiles and regulations or lawful orders !, of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and/or approvals not to exceed the testing allowance stated in the Project Manual section 012100. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. (Paragraphs deleted) § 13.6 (Paragraphs deleted) TIME Lmurs ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the time period specified by applicable law, but in any case not more than 1D years alter the date of Substantial Completion of the Work. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT (Paragraphs deleted) § 14.1 ; RMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor, or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; or .2 an act of government, such as a declaration of national emergency or security that requires all Work to be stopped. ,3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents. § 14.1.2 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, or their. agents or employees, or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fuifill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' prior written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. §14.1.3 If one of the reasons described in Section 14.1.1(1) or 14.1.1(2) exists, the Contractor may, upon seven (7) days' prior written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, and any other loss the Owner may deem reasonable and equitable under the circumstances, which shall be limited to that portion of the Work already completed. If one of the reasons described in Section 14.1.1(3) or 14.1.2 exist, the Contractor may, upon seven (7) days' prior written notice to the Owner and the Architect, terminate the Contract and recover from the Owner in accordance with Section 14.4.3. The Contractor shall submit to the Owner for review a detailed pay request with sufficient documentation reflecting work performed, goods and/or services provided, and any and all losses or damages sustained The Owner will review the pay request to determine if such costs are reasonable. If the Owner accepts and agrees to pay, in whole or in part, the costs provided therein, the Owner will make payment to the Contractor in accordance with the Contract Documents, subject to approval by the Commissioners Court. If the pay request is not resolved to the satisfaction of the Contractor, then the Contractor may submit a Claim pursuant to Article 14.4.3. (Paragraphs deleted) § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or otherwise interrupt the Work in whole or in part for such a period of time as the Owner may,determine. AIA Document A201TM -2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects, All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright taw antl International Treaties. Unauthorized 36 reproduction or distribution of this AIA° Document, or any portion of it may result in severe civil and criminal penalties, and will lie prosecuted to the / maximumextentpussible unearths law. This Document was produced by AIA Software at 13:19:37 on 0310M010 under Order No.3595293569_iwhichwores aver Notes: A enddinot for resale. Vol. ,135 rg. � (1147623472) User Notes: 0, rid is n tl by Owner, October B. 2007. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include reasonable profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under any other provision of the Contract § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 1.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. (Paragraph deleted) § 14.4.2 Upon receipt of a written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience or in the event of the Owner's failure to timely pay an undisputed claim under Section 14.1.1(3), the Contractor shall be entitled to receive payment from the Owner for the Work executed, costs incurred by reason of such termination, along with reasonable overhead and profit. ARTICLE 15 CLAIMS AND INITIAL DECISION MAZER - (Paragraph deleted) payment of § 15.1 DEFINITION. A Claim is a demand or assertion by one of the Parties seeking, as a matter of right, p� money, or other relief with respect to the terms of the Contract The term "Claim: also includes other disputes and matters in question between the Owner and the Contractor arising out of or relating to the Contract The responsibility to substantiate Claims shall rest with the party making the Claim. §15.2 Claims must contain the information listed below. If any of the required information is not available at the time the Claims is submitted, the Contractor shall provide all information when available and a statement indicating when the remaining information will be provided: .1 Date of the event giving rise to the Claim and, if applicable, the date when the event ceased; .2 Nature of the occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is supported by those provisions; .4 An estimate of the effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of the Project Completion Schedule and schedules prepared in connection with the Claim. If required by the Owner or the Architect, this shall include showing, in CPM format,. both critical and non - critical path activities affected and showing both the Project Construction Schedule and Claim sequences, durations , and floats substantiating the delay claimed. (Paragraphs deleted) § 15.3 NOTICE OF CLAWS. Claims by either the Owner or Contractor must be initiated by written notice to the other party's designated representative with a copy sent to the Architect Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant fast recognized the condition giving rise to the Claim, whichever is later. (Paragraphs delete § 15.4 CONTINUING CONTRACT PERFoRMANcF— Pending final resolution of a Claim, except as otherwise provided in the Contract Documents, the shall proceed diligently with performance of the Contract and the Owner shall AIA Document A201 n' — 2007. Copyright* 1911, 1915, 1918, 1925, 1937, 1951, 1858, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Amencen Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 roprodueaon or distribution of this AIA° Document, or any portion of d, 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 all 3'19:37 on 03/0112010 under Order No,35952935691 which expires - on 07/302010, and is not for resale. �'1 (1147623472) User Notes: As modified by Owner, October 8, 2007, Vol 13� pg. pL� continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.5 CLAIMS FOR ADDITIONAL COST. if the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property. §15.6 CLAIMS FOR CONCEALI9 OR UNKNowN CoNDIITONs. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other patty promptly before conditions are disturbed and in no event later than twenty -one (21) days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase of decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor, in writing, stating the reasons. Claims by either party in oppositionto such determination must be made within twenty-one (21) days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and the Contractor cannot agree on an adjustment in the Contract Sum and/or Contract Time, the adjustment shall be referred to the Architect for a recommendation, subject to further proceedings pursuant to the provisions in Section 15. §15.6.1 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the provisions of this Section 15. ' § 15.7 CLAIMS FOR ADDITIONAL TIME § 15.7.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating.that weather conditions were abnormal for the period of time, could not have been reasonable anticipated and had an adverse effect on the scheduled construction. 15.8 IN TL&L DECISION (Recommendation) § 15.8.1 Claims, except for those specifically excluded in the Contract documents or otherwise herein shall be referred to the Initial Decision Maker for a recommendation. The Architect will serve as the Decision Maker, unless otherwise indicated in the Agreement Except for those Claims excluded by this Section, a recommendation,shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no recommendation having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not make a recommendation relating to disputes between the Contractor and persons or entities other than the Owner. § 15.8.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) recommend rejecting the Claim in whole or in part, (3) recommend approving the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim or the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to make a recommendation related to the Claim. Init. AIA Document A201"— 2007. Copyright ®1911, 1915, 1910, 1925, 1937, 1951, 1958, 1981, 1963, 7966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Archhocts. All rights reserved. WARNING: This AIAs Document is protected by U.B. Copyright Lew and International Treaties. Unauthorized 38 reproduction or distribution of this AIAs 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 13: 19: 37 on 03701/2010 under Order No.35952935691 which expires on 0713012010, and is not for resale, %� User Notes: As modified by Owner, Or�Pg. 8, 2007. Vol. `o 'y r g. � I ` / (1147623472) § 15.S.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in making a recommendation. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.8.4 If the Initial decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial decision Maker that no supporting data will be furnished Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either recommend rejecting or approving the Claim in whole or in part. § 15.8.5 The Initial decision Maker will render a recommendation to approve or reject the Claim, or indicate that the Initial Decision Maker is unable to recommend a resolution of the Claim. This initial decision shall (1) be in writing, (2) state the reasons therefore; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial decision Maker, of any change in the Contract Sum or Contract Time or both. § 15.8.6 Either party may, within 30 days from the date of an initial decision, demand in writing that the parties file for mediation within 60 days of such demand for mediation. § 15.8.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.9 MEDIATION § 15.9.1 Claims disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in the Contract documents shall be subject to mediation. § 15.9.2 The parties shall endeavor to resolve thew Claims by mediation which, unless the patties mutually agree otherwise, shall be administered by the National Mediation Academy in accordance with American Arbitration Association, Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. § 15.9.3 The parties shall share the mediator's fee and any Sling fees equally. The mediation shall be held in the place where theProject is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE 16 GOVERNMENT CONTRACTJNG POLICIES § 16.1 EQUAL OPPORT'UNtTy. The Contractor, its Subcontractors, and Sub-subcontractors shall not discriminate against any employees or applicants for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: (1) employment, upgrading, demotion, or transfer; (2) recruitment or recruitment advertising; (3) layoff or termination; (4) rates of pay or other forms of compensation; and (5) selection for training, including apprenticeship. The Contractor agrees to post or station in conspicuous places available to employees and applicants for employment, notices setting forth the policies of nondiscrimination. § 16.2 The Contractor, its Subcontractors and Sub - subcontractors shall in all solicitations or advertisements for employment placed by them or on their behalf, state that all qualified applicants will receive consideration for . employment without regard to race, religion, color, sex, or national origin. § 163 FISCAL FUNDING CLAUSE. Notwithstanding any provisions contained herein, the obligations of the Owner under this Contract are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Contract and any extensions thereto. The Contractor, any Subcontractor, and Sub - subcontractor or an other person or entity directly or indirectly employed by the Contractor or performing Work or supplying materials or equipment on the Contractor's behalf, or any other person or entity to whom the Contractor AIA Document A201" — 2007. Copydcht ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997 and 2007 by The American )nit. Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized 39 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 J maximum extent possible underthe law. This document was produced by AIA software at 13:19:37 on 0 3/012 0 1 0 under Order No.3595293569_1whichexpires on 0713012010. and Is not User Notes: r As modified by^ Ow er . October 8, 2007, Vol. rg• 1 (114 76 23 47 2) may be liable to shall have no right of action against the Owner in the event the Owner is unable to fulfill its obligations under this contract as a result of lack of sufficient funding or any item or obligation may any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that the Owner is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, the Owner may, in its sole discretion provide funds from a separate source or may, in its sole discretion, terminate the Contract by written notice to the Contractor at the earliest possible time under the circumstances. § 16.4 SEVERABILITY. If any provision of the Contract is construed or held tobe illegal, invalid, void, voidable, or unenforceable, this will not affect the legality, validity, or enforceability of an ofthe other provisions in this Contract. The illegal, invalid or unenforceable provision will be deemed stricken and deleted, but all other provisions shall continue in full force and effect as if the illegal, invalid, or unenforceable provisions had never been incorporated. § 16.5 SOVEREIGN UvIldUNM. This Contract shall be expressly made subject to the Owner's Sovereign Immunity from suit pursuant to Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and State of Texas Laws. The parties expressly agree that no provision of this Contract is in any way intended to constitute a waiver of any immunities from suit or from liability that the Owner has by operation of law. § 16.6 TEXAS PUBLIC INFORMATION ACT § 16.6.1 The parties acknowledge and agree that he Owner is subject as a matter of law, to Texas Government Code, Chapter 552, also known as the 'Texas Public Information Alt" (hereinafter, "PIA'). Notwithstanding any other provision, the parties agree that in the event that any provision of the Contract, or other documents related to Contract, including, but not limited to, any exhibit, attachment, amendment, addendum, or other incorporated document is in conflict with the PIA, such provision shall be of no force or effect. Furthermore, it is expressly acknowledged and agreed that the Owner, its Commissioners, County Judge, elected officials, appointed officials, department heads, and employees (hereinafter, ( "Owner Requestors ") may request advice, decisions and opinions of the Attorney General of the State of Texas (hereinafter, 'Texas Attorney General ") in regard to the application of the PIA to any software, hardware, firmware, or any part thereof, or other equipment or item, data or information furnished to or in the possession or knowledge of the Owner. It is further acknowledged and agreed that the Owner Requestors have the right and obligation by law to rely on the advice decisions and opinions of the Texas Attorney General. The Contractor hereby releases the Owner Requestors from any an all liability or obligation of any type, kind or nature regarding any disclosure of any software, hardware, firmware or any part thereof or other equipment determined by the Owner or in reliance on any advice, decision or opinion of the Texas Attorney general to be available to the public or any persons. § 16.6.2 Notwithstanding Section 16.6.1 above the parties agree, to the extent permitted by the PIA to keep confidential (and store in a secure area with limited access) and will not copy publish, sell, exchange, disclose, or provide to other or use any information, documents or data, provided to or disclosed to the other party, or any information related to the Contract, including but not limited to, any exhibit attachment, amendment addendum, or other incorporated document, far any purposes other than performing each party's obligations under the Contract unless prior written notification is given by the Owner that such specified item will be released under the PIA. § 16.6.3 The Contractor understands and agrees that it is subject to the PIA with respect to the Contract information and shall fully comply with the requirements of the PIA as it pertains to the Contract information. Upon notification from the Owner of a PIA request for Contract Information, the Contractor shall cooperate with and assist the Owner in responding to the PIA request for such Contract Information. If all or some of the requested Contract Information is in the custody, control or possession of the Contractor, the Contractor shall promptly make available and produce the Contract Information to the Owner at no cost to the Owner. Upon receipt of the Contract Information, the Owner will review it to determine if the requested Contract Information is public information under the PIA or is excepted from required public disclosure under the PTA. The Contractor understands and agrees that it is a criminal offence if an agent fails or refuses to give access to, or to permit 'or provide copying of public information to a requestor under the PIA. The Contractor further understands and agrees that the PIA has established criminal penalties for violations of the PIA. Under no circumstances shall the Contractor refuse or fail to make available any Contract Information requested pursuant to the PIA or otherwise violate the PIA. In the event the Contractor refuses to make available and/or produce any requested Contract Information, fails, for whatever reason, to comply with the requirements of the PIA, or otherwise violates the PTA, such refusal, failure, or violation shall constituted an event of breach or default on the part of the Contractor under the terms of the Contract, and the Owner may pursue any and all legal and equitable AIA Document A201 TM- 2D07. Copyright ®1911, 1815, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1970, 1976, 1987, 1997 and 2007 by The American toll Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 40 reproduction or distribution of this AIA* Document, or any portion of a, may result in severe civil and criminal penalties, and wl li be prosecuted to the f maximum extent possible under the law. This document was produced by AIA software at 13:19:37 on 03101120 1 0 under Order No.35952935891 which expires on 071302010, and is not for resale. z Cs `-1 Usor Notes: As modified by Owner, October 0, 2007. Vol. T� I J-/ r g, pt I (1147623472) remedies, in addition to any other rights or remedies afforded hereunder, against the Contractor. The Contractor agrees to indemnify and hold harmless the Owner for damages or penalties resulting from its refusal or failure to make available and/or produce requested Contract Information under the PIA or its violation of the PIA. § 16.6.4 Contractor may charge for the cost of producing copies of or providing access to public information in accordance with Subchapter F ofthe PTA, Sections 552.261 through 552.274 and the Texas Building and Procurement Commission's cost rules, Sections 111.61 through 111.71 of the Texas Administrative Code (specifically TAC § §111.63 through 111.71 ) A link to the most recent cost rules may be. found online at http: / /www.oap. state .tx.us /opinopen /opengovt.shtml to assist Contractor in determining charges for the cost of producing copies of or providing access to public information the Texas Attorney General cost rules, Sections 70.3 and 70.10 of the Texas Administrative Code (specifically TAC § § 70.3 and 70.120). A link to the most recent cost rules may be found online at bttp: / /.oay.state.tx.us /open /charL, s.shtml to assist Consultant in determining charges for the cost of producing copies of or providing access to public information. ARTICLE 17 STANDARDS §17.1 STANDARDS §17.1,1 Any material specified by reference number, symbol or title of a specific standard, such as a Cormnercial Standard, a Federal Specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except to type, class or grade, or modified in such reference. §17.1.2 It is not the intent of these Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has best done to set a definite standard and a reference for comparison of quality, application, physical Conformity, and other characteristics. It is not the intention to discriminate against or prevent any dealer, jobber, or manufacturer from furnishing materials, equipment, and/or fixtures that, in the judgment of the Architect, expressed in writing, meet or exceed the characteristics of the specified items. Substitution of materials shall not be made without prior written approval from the Architect Refer to Section 01640 - Substitutions, for conditions governing substitutions. AIA Document A201 -- 2007. Copyrights) 1916, 1818, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Init Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright law and International Treaties. Unauthorized 41 reproduction or distribution of this AIA° Document, or any portion of a, 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 AMA software at 13:19:37 on 03/0112010 under Order No.35952935691 which expires on 07/30/2010, and is not for resale. /J� User Notes: As modified by Owner, October 8, 2007. Vol. 1 ✓"—v Pg. 0— 1 3 (1147623472) AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS By and Between Arts Council of Brazos Valley and County of Brazos, State of Texas THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF BRAZOS THIS AGREEMENT is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ACBV, and the COUNTY OF BRAZOS, STATE OF TEXAS acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as COUNTY. WITNESSETH: WHEREAS, Brazos County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the COUNTY through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WHEREAS, ACBV provides educational programs and opportunities to children, youth, adults and seniors through providing arts related programs, scholarships for young people, assisting COUNTY arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and Arts Council of Brazos Valley Contract Page 1 of Vol. ('55 pg. c2 14 WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County merchants; and WHEREAS, ACBV has provided funding to assist local performing, visual, educational and literary arts groups; and NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: I. ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. II. COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees to pay to ACBV a total payment of $ 10,000.00 for the year beginning October 1, 2009 and ending September 30, 2010. Payment of such sum will be paid upon receipt of invoice. III. ACBV agrees to provide an annual account of how the $10,000.00 was spent to meet the above described services. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. rQ9 RECORD RETENTION The ACBV shall be responsible for record keeping on all Services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County detemnines, in its Arts Council of Brazos Valley Contract Page 2 of 5 vut. 135 Y9. a15 sole discretion, to be necessary for the Court to justify its continued participation in supporting the District with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. V. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that the ACBV shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VII. COUNTYINVOLVEMENT The County and ACBV state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract. Arts Council of Brazos Valley Contract Page 3 of 5 Vol. 135 pg. �) 't VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Arts Council of Brazos Valley 2275 Dartmouth Street College Station, Texas 77840 Brazos County c/o Commissioners Court Brazos County Courthouse 3496-200 So. Texas Ave. No. 332 Bryan, Texas 77803 X. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XI. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Arts Council of Brazos Valley Contract Page 4 of 5 Vol. _1✓ pg• i XII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIII. ASSIGNABILITY This Contract is not assignable by the ACBV without the prior written consent of the County. WITNESS OUR HANDS this 0yL day of J"A 12010. Arts Council of Brazos Valley, Inc. Tom Wilkinson resident Arts Council of6razos Valley Contract Brazos County, Texas C Attest: Katen McQueen, County Cletk vol. 135 pg. Page 5 of ft BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT R. J. Holmgreen Brazos County Juvenile Justice Center 1904 West SH 21, Bryan, TX 77803 Phone: (979) 823 -3544; Fax: (979) 823-4211 . l Doug Vance i Collin A. Cokei TO: Brazos County Commissioners Court DATE: June 30, 2010 RE: Amendment Three to the State Financial Assistance Contract Brazos County Juvenile Services respectfully requests the county execute Amendment Three to the Texas Juvenile Probation Commission State Financial Assistance Contract 2010-2011 Biennium Background The Texas Juvenile Probation Commission State Financial Assistance Contract 2010 -2011 Biennium was executed the beginning of fiscal year 2010. As a result Brazos County Juvenile Services receives funds from several grants including Grant C (Commitment Reduction Program Grant), Grant X (Intensive Community-Based Program Grant) and Grant L (Secure Felony Placement Grant). During the 81" Legislative Sessions new mandates were enacted that require juvenile probation departments to report on the use of funds from newly funded grants. Specifically these mandates require the identification of all juveniles served with Grant C, Grant X and Grant L. Reporting on these grants is quarterly, and departments must provide basic identifying information on juveniles served under these specific grants. All required reported information is provided through the departments monthly data extract processes directly to the Texas Juvenile Probation Commission. Currently the department utilizes Grant C to fund the Recidivism Reduction Program. This program works with high risk juveniles in an effort to rehabilitate them and reduce the amount of commitments to TYC and residential placements. Grant X is utilized to help pay for a full time Licensed Professional Counselor who assists with the departments Aftercare program as well as other counseling. Grant L is a reimbursement grant that the county can access whenever a secure felony residential placement is ordered by the court. FISCAL IMPACT Amendment Number Three details the changes to the State Financial Assistance Contract regarding the reporting requirements. There are no changes to the grant funding amounts or any other requirements. Doug Vance Exec ve E rector Brazos County Juvenile Services Vol. 135 pg '219 Texas Juvenile Probation Commission State Financial Assistance Contract 2010 -2011 Biennium Amendment Number Three Applicable to All Counties, Except Crosby, Ochl/tree and Refugio This is Amendment Number Three to the State Financial Assistance Contract for the 2010 - 2011 Biennium between the State of Texas, represented by and through the Texas Juvenile Probation Commission, hereinafter called the 'Commission', and the juvenile board of BRAZOS County hereinafter called the "Grantee ". In consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Commission and the Grantee, for the consideration hereinafter detailed, make the following amendment. Article I. PURPOSE AND SCOPE OF AMENDMENT The purpose of Amendment Number Three, hereinafter referred to as, the "Amendment" between the Commission and the Grantee Is to delineate the duties and responsibilities of both the Commission and the Grantee regarding distribution, receipt and expenditure of state financial assistance funding under the applicable individual grants referenced in the State Financial Assistance Contract for the 2010 -2011 Biennium. All provisions in the 2010 -2011 Biennium State Financial Assistance Contract and any fully executed amendments thereto that do not conflict with the provisions of Amendment Number Three remain in full force and effect. Article II. Amendments to Article II INCORPORATED DOCUMENTS AND DOCUMENT INCORPORATED BY REFERENCE Article II, Section 2.1, Subsection 2.1.1 is amended by adding Paragraph 2.1.1.4 to read as follows: 2.1.1.4 Exhibit D. Juvenile Board Resolution (Amendment Three) Article II. Amendments to Article If DOCUMENTS INCORPORATED BY REFERENCE Article II, paragraph 2.2 Subsection 2.2.1 regarding the Texas Juvenile Probation Commission Compliance Resource Manual, is amended in Grants C (Commitment Reduction Program), U (Intensive Community Based Pilot) and X (Intensive Community - Based Program), respectively, as follows: Article V, Paragraph B, Quarterly Reports is amended by deleting the first paragraph and substituting the following: B. Quarterly Reports. 1. The Grantee shall provide detailed information on all juveniles served under this grant. Information shall include: a. Juvenile's name (first, last); b. Personal Identification Number (PID); c. Referral number associated with the offense for which the juvenile is being served; d. Dates of service; and e. Type of service received. 2. if the Grantee is using this grant In conjunction with other state or local funding, the department must, in a separate correspondence, provide the percentage of total funding accounted for by the grant. The Grantee shall submit data electronically through the established extract submission process or in an Excel spreadsheet as specified by the Commission no later than January 1, April 1, July 1 and October 1 of the current fiscal year of the biennium, respectively. Texas Juvenile Probation Commission BRAZOS Stator FinanrAA1 Aaeietanrn CnntmH 901n . 9n11 Rlonnlum Anril 9ntn - Pann 1 Vol. 1_ 3 -5 Pg a d For the faithful performance of the terms of this Contract, the parties hereto in their capacities as stated, execute this Contract, affix their signatures and bind themselves. THE STATE OF TEXAS, Acting By and Through The Texas Juvenile Probation Commission By: Typed Name: Judy Garza - Ybarbo Title: Contract Administrator Date: GRANT RECIPIENT, The J enile Board of BRAZOS County /Judicial District By: Typed Name: Randy Sims (Ju nile Board Chairperson) Title: Coun Jude Date: By: Typed Name: Doug Vance (Chief A inislrative Officer) Title: Director Date: IJ - _l 1 By: �— Typed Name: Katie Conner (Fiscal Officer) Title: County Auditor Date: Texas Juvenile Probation Commission BRAZOS Stales Finanrial A, ciktannR rinntrart 9ntn - 9n7 t Ripnnium I q r ��. � � I Anni 7ntn . Panw 9 V.I. EXHIBIT "D" JUVENILE BOARD RESOLUTION STATE OF TEXAS Know All Men By These Present COUNTY OF BRAZOS On this the 30th day of June , 20 10 , a duly called and lawfully convened meeting of the Juvenile Board of BRAZOS County, Texas was held in the City of Bryan , pursuant to the Texas Open Meetings Act. A quorum of the Members was present, to wit: (Insert Names of Juvenile Board Members Present) Judge Steve.Smith, 361st District Crt Judge Amanda Matzke, CCLO1 Jude Jim Locke, CCLU2 Randy Sims, County Judge Ann Anderson Citizen where, among other matters, came up for consideration and adoption the following Resolution: Whereas, the Texas Juvenile Probation Commission has made available and offered state financial assistance monies to assist local juvenile boards in the provision of juvenile probation services or the operation of a secure pre- adjudication detention facility, a short-term detention facility (i.e., holdover), a secure post - adjudication correctional facility, a non - secure residential treatment facility or a juvenile justice alternative education program or a juvenile justice program as defined in Texas Family Code Section 261.405; and Whereas, the Juvenile Board of BRAZOS County/Judicial District voluntarily wishes to participate in the aforementioned state financial assistance grants and agrees to the binding terms in this Contract, and all documents which have which has been Incorporated into this Contract by reference; and Whereas, the Juvenile Board believes that execution of the State Financial Assistance Contract for the 2010 - 2011 state biennium will further the Interests of juvenile justice in this county and are in support of this resolution; and Whereas, the Texas Juvenile Probation Commission has made available and offered state financial aid monies to assist local juvenile boards in the implementation of the Progressive Sanctions Model; and Whereas, the 81st Texas Legislature has appropriated state financial aid monies for community-based diversionary placements, programs and services for juvenile offenders in order to reduce commitments to the Texas Youth Commission; and Therefore, Be It Resolved that the Juvenile Board of BRAZOS County /Judicial District, Texas does hereby formally authorize and approve execution of the State Financial Assistance Contract for the 2010 - 2011 state biennium with the Texas Juvenile Probation Commission, Further Be It Resolved that the current Juvenile Board Chairman, Randy Sims be, and is hereby, authorized to sign this Resolution and any amendments pertaining to the State Financial Assistance Contract that may be subsequently ratified as the act and deed of the Juvenile Board of BRAZOS County /Judicial District. The foregoing Resolution was lawfully moved by Steve Smith , duly seconded by Randy Sims , and duly adopted by the Juvenile Board on a vote of 5 members for the motion and 0 opposed. Texas Juvenile Probation Commission BRAZOS Rtatn Finan6al AceistanrA nnntnnl 7Mn - 7n71 Rionni, 13� /'j Pan. R g. Vol. P �( __n__ 2 Ke of ref BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT R. J. Holmgreen Brazos County Juvenile Justice Center 1904 West SH 21, Bryan, TX 77803 Phone: (979) 823 -3544; Fax: (979) 823-4211 Doug Vance, Collin A. Coke TO: Brazos County Commissioners Court DATE: June 30, 2010 RE: Amendment Four to the State Financial Assistance Contract Brazos County Juvenile Services respectfully requests the county execute Amendment Four to the Texas Juvenile Probation Commission State Financial Assistance Contract 2010 -2011 Biennium BACKGROUND Brazos County Juvenile Services Department is eligible to receive reimbursements through the Texas Juvenile Probation Commission (TJPC) for operating summer school for our Juvenile Justice Alternative Education Program (JJAEP). Brazos County Juvenile Justice Alternative Education Program is operating a summer school program during this 2010 summer. Amendment Four will allow the county to be reimbursed by TJPC a daily rate of $79.00 per every mandatory expulsion that attends the summer school program. Mandatory Expulsions are juveniles that have committed a certain degree of offense on school grounds that by statute are required to be expelled by the school district into a JJAEP. Counties that have a population of 125,000 or more are mandated by statute to operate a JJAEP. FISCAL IMPACT Currently the Brazos County JJAEP has one mandatory expelled student attending the first session of summer school. There are a total of 19 days in the 1" summer session, mid 20 days in the second session. Brazos County is estimating to receive $1,501 from the state reimbursement for the I" summer school session. Based on juvenile performance during the I" summer session, the mandatory expulsion may or may not be required to attend the 2nd session. vV V Doug Vance Exe tive Director Brazos County Juvenile Services Vol. 13r pg, Q;23 Texas Juvenile Probation Commission State Financial Assistance Contract 2010 -2011 Biennium Amendment Number Four JJAEP Extended Year Funding This is Amendment Number Four to the State Financial Assistance Contract for the 2010 -2011 Biennium between the State of Texas, represented by and through the Texas Juvenile Probation Commission, hereinafter called "the Commission ", and the Juvenile Board of Brazos County hereinafter called the "Grantee ". In consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Commission and the Grantee, for the consideration hereinafter detailed, make the following amendment. Article I. PURPOSE AND SCOPE Of AMENDMENT The purpose of Amendment Number Four is to delineate the duties of the Commission and the Grantee regarding the distribution, receipt and expenditure of additional state aid funding for Juvenile Justice Alternative Education Program (JJAEP) Summer School. All provisions in the 2010-2011 Biennium State Financial Assistance Contract and any fully executed amendments thereto that do not conflict with the provisions of Amendment Number Four remain in full force and effect. Article Ii. Amendments to Article II INCORPORATED DOCUMENTS AND DOCUMENTS INCORPORATED BY REFERENCE Article II, Section 2.1, Subsection 2.1.1 is amended by adding Paragraph 2.1.1.5 to read as follows: 2.1.1.5 Exhibit E Juvenile Board Resolution (Amendment Four). Article III. Amendments to Article II DOCUMENTS INCORPORATED BY REFERENCE Article 11, Section 2.2, Subsection 2.2.1 regarding the Texas Juvenile Probation Commission Compliance Resource Manual, is amended in Grant P — 2010 -2011 Biennium — Juvenile Justice Alternative Education Program (Reimbursement) to read as follows: Article IV, Section A Is amended in Subsection 2 by adding Paragraph f to read as follows: I, Students Eligible to Receive Extended Year Funding. The section only applies to a JJAEP's summer school program. The Grantee is eligible to receive funding for students who meet the eligibility requirements set forth in Article IV (A) of the Juvenile Justice Alternative Education Reimbursement Program (Grant "P ") of the State Financial Assistance Contract for the 2010 -2011 Biennium. Article IV is amended by adding Section E to read as follows: E. Extended School Year Funding Payment Methodology. 1. Summer School Operational Days. The extended year summer school program shall be funded for up to 35 operational days and no less than 20 operational days. An operational day that consists of less than seven hours (7) of operation shall be funded at the rate of one -half day. Grantee shall elect to operate the JJAEP summer school program on elther a full -day or one -half day basis and shall not alternate the operational designation during the term of this amendment. An operational day is defined as: Texas Juvenile Probation The Commission Brazos County State Financial Assistance Contract 2010 -2011 Biennium Amendment Number Four , May 2010 - Pagel Vol. i5 Pg. 0-0 I a. Full Day. A minimum of seven (7) hours per day that consists of at least four hours of instructional contact per day; or b. One -Half Day. A minimum of three and one -half (3.5) hours per day that consists of at least three (3) hours of instructional contact per day. 2. Funding. The Grantee shall receive one lump sum payment not to exceed $79 per student day of attendance for each full day and not to exceed $40 per student day of attendance for each one -half operational day up to 35 days. The reimbursements shall be distributed based on the following payment methodology: a. Proportionate Reimbursement Funding. The Grantee shall be reimbursed based upon the percentage of the total number of student attendance days reported by each participating county in proportion to the statewide total of the mandatory and discretionary student population during the regular school year multiplied by the total funding available. b. Method and Adjustment of Payments. No funds will be paid to the Grantee until the funds allocated in the initial lump sum payment under Subparagraph 4.1.5.2 of the State Financial Assistance Contract or any unexpended balances paid for attendance days during the regular school year have been expended. No payment shall be made under this grant based on attendance during the regular school year. c. Availability of Additional Funds. The Commission may, at the discretion of the Commission's governing board, distribute any additional extended school year funding. These funds shall be paid in accordance with the extended school year funding payment methodology. d. Extended School Year Funding. The Commission makes no express or implied representation or guarantee of future funding for summer school. The Commission may, at its discretion and according to guidelines developed by the Commission, fund students attending the JJAEP during the extended school year if funds are available at the end of the regular school year from appropriations for this purpose. If said funding is ultimately available, the Commission shall allocate said funding according to guidelines and priorities to be developed by the Commission. Article V, Section C is amended by adding Subsection 4 to read as follows: 4. The Grantee shall complete and submit reports for the extended year summer school period as required in Subsections (V) (C)(1), (2) and (3) of the Juvenile Justice Alternative Education Reimbursement Program (Grant "P ") of the State Financial Assistance Contract for the 2010 -2011 Biennium. Article IX, Section C, is amended by adding Subsections 1 and 2 to read as follows: 1. JJAEP Summer School Attendance Voucher. The Grantee shall complete the JJAEP Summer School Attendance Voucher (TJPC- JJAEP- 01 -09) for the Full Day program and [TJPC - JJAEP- 02 -09) for the One -Half Day program. The Grantee shall submit the applicable voucher to the Commission as required under the terms of Juvenile Justice Alternative Education Reimbursement Program (Grant'? ") of the State Financial Assistance Contract for the 2010 -2011 Biennium. The Grantee shall be paid based upon information reported in the JJAEP Summer School Attendance Voucher in accordance with the payment methodology. 2. JJAEP Summer School Enrollment List. The Grantee shall provide a JJAEP Summer School Enrollment List that shall contain the names of every student attending the JJAEP summer school. The Grantee shall submit said form to the Commission on or before the 10'" calendar day of the following month. Article IV. Amendments to Article IV — State Financial Assistance Contract OBLIGATIONS AND RESPONSIBILITIES OF THE COMMISSION Article IV, Paragraph 4.1.5.2 is amended by adding Subparagraph 4.1.5.2.1 to read as follows: 4.1.5.2.1 JJAEP Program (Reimbursement) (Grant "P ") Extended Year Funding. In addition to the allowable reimbursements set forth under this subparagraph, the Commission may, to the extent funds are available, distribute a second tier of funding payable to the Grantee at the rate established in this amendment for extended year funding. 4.1.5.2.1.1 The Grantee shall be eligible for allowed reimbursements of $6,312. Texas Juvenile Probation The Commission Brazos County State Financial Assistance Contract 2010 -2011 Biennium Amendment Number Four May 2010 - Page 2 Voi.� Pg• a a S Article VII. Amendments to Article VII — State Financial Assistance Contract GENERAL PROVISIONS, SANCTIONS AND PENALTIES Article VII, Section 7.1 is amended by adding Subsection 7.11 to read as follows: 7.1.1 Funding for Extended Year JJAEP Programs. Amendment Four to the State Financial Assistance Contract shall be in force from the first day after the last day of the 2010 -2011 180 -day regular school year through the first day of the 2010 -2011 180day regular school year. For the faithful performance of the terms of this Contract, the parties hereto in their capacities as stated, execute this Contract, affix their signatures and bind themselves. THE STATE OF TEXAS, Acting By and Through the Texas Juvenile Probation Commission 0 Typed Name: Judy Garza - Ybarbo Title: Contract Administrator Date: GRANTEE uvenil rt o �Zos� By: Typed Name: Randy Sims (Ju ile Board Chairperson) Title: Co y Judge Date: 2. 10 Lo I By: Typed Name: Doug Vance Title: (Chief Admi 'strative Officer) Director //^ Q (�' (% Date: V ` 4' `C t/ .J By: ped Name: Katie Conner (Fiscal Officer) ��)) Title: County Auditor Date: Texas Juvenile Probation The Commission I Brazos Court State Financial Assistance Contract 2010 -2011 Biennium Amendment Number Four May 2010 - Page Vol. —I �35 Pg. as Le EXHIBIT "E" JUVENILE BOARD RESOLUTION STATE OF TEXAS COUNTY OF Brazos Know All Men By These Present On this the 30th day of June , 20-1_Q_, a duly called and lawfully convened meeting of the Juvenile Board of Brazos County, Texas was held in the City of Bryan pursuant to the Texas Open Meetings Act. A quorum of the Members were present, to wit: [insert Names of Juvenile Board Members Present) Steve Smith, Judge, 361st District Crt Amanda Matzke, Judge, CCL #1 Jim Locke, Judge, CCL82 Randy Sims County Judge Ann Anderson Citizen Member where, among other matters, came up for consideration and adoption the following Resolution: Whereas, the Texas Juvenile Probation Commission has made available funding appropriated by Texas Legislature to fund extended year JJAEP programs; and Whereas, the Juvenile Board believes that execution of Amendment Number Four to the 2010 -2011 Biennium State Financial Assistance Contract will further the interests of juvenile justice in this county and are in support of this resolution; Therefore Be It Resolved that the Juvenile Board of Brazos County, Texas does hereby formally authorize and approve execution of Amendment Number Four to the State Financial Assistance Contract for the 2010 -2011 Biennium with the Texas Juvenile Probation Commission. Further Be It Resolved that the Juvenile Board Chairman, Randy Sims be, and is hereby, authorized to sign this Resolution and execute the above referenced Contract as the act and deed of the Juvenile Board of Brazos County. The foregoing Resolution was lawfully moved by Jim Locke , duly seconded by Randy Sims , and duly adopted by the Juvenile Board on a vote of 5 members for the motion and 0 opposed. Signature of�Kvenile Board Chair Date Texas Juvenile Probation The Commission Brazos County State Flnanclal Assistance Contract 2010 -2011 Biennium Amendment Number Four May 2010 - Page 4 Vol. 145 Pg. o)-j� 4K plt OF � f} BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT R. J. Holmgreen Brazos County Juvenile Justice Center 1904 West SH 21, Bryan, TX 77803 Phone: (979) 823 -3544; Fax: (979) 823 -4211 Doug Vance, TO: Brazos County Commissioners Court DATE: June 30, 2010 RE: McLennan County Memorandum of Understanding Brazos County Juvenile Services respectfully requests the county to enter into an agreement with McLennan County regarding evacuations. Background Brazos County Juvenile Services is required by the Texas Juvenile Probation Commission standards 343.248 to have an evacuation site for the residents detained in the secure detention facility. In 2008 the department entered into an MOU with the Brazos County Sheriffs Department for the temporary housing of detained youth in case the detention facility was evacuated. The department also has an agreement with Montgomery County Juvenile Probation for housing due to an evacuation. McLennan County is wishing to enter into an MOU with Brazos County in order to house detained juveniles in case their secure detention facility is evacuated. The MOU is reciprocal in that either county can evacuate to the other county as the need arises. This MOU would give Brazos County three options for evacuation sites in case the first site could not accommodate the juveniles from the detention facility. Fiscal Impact The MOU defines the length of time the evacuated juveniles may be housed before fees may be assessed. Either county may charge the evacuated county a daily fee of $100.00 per juvenile if the stay exceeds (14) fourteen days. For stays that exceed 28 days a separate MOU may be initiated by either party. Dr. Doug Vance Date pg. °� a$ MEMORANDUM OF UNDERSTANDING This agreement is made between Brazos County Juvenile Probation Department ( "BCJ ") and McLennan County Juvenile Probation Department ( "MCJ ") Collectively - "Departments." In consideration of the mutual covenants contained herein, McLennan County Juvenile Probation Department and Brazos County Juvenile Probation Department both agree to cooperate with the other department as follows: Brazos County Juvenile Probation Department or McLennan County Juvenile Probation Department hereby agrees to furnish detention services, in accordance with the terms listed below, to the other party to this Memorandum of Understanding for their detainees in the event of an evacuation during an emergency or natural disaster. In the event of an evacuation, the evacuation destination department shall assist the evacuating department by performing services in accordance with all applicable federal, state, and local regulations and laws to assist the evacuated county department. The term of Agreement is for 12 months, commencing June 1, 2010 - May 31, 2011. It shall be automatically renewed for one year terms thereafter, commencing June lst and ending May 31", unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this agreement. The terms of the agreement are as follows: a. Definitions 1. Evacuation Destination Department - The department agreeing to receive detainees, in accordance with the terms of this agreement, in the event of an emergency or natural disaster. 2. Evacuating Department - The department evacuating its detainees during an emergency or natural disaster. b. McLennan County Juvenile Probation Department or Brazos County Juvenile Probation Department will perform all services and all services incident thereto with a sufficient quantity and quality of personnel to adequately meet Brazos County Juvenile Probation Department's or McLennan County Juvenile Probation Department's need for emergency housing / supervision for its juvenile offenders. C. Both departments agree to house a maximum of twenty (20) juveniles from the other county in their detention facility for a period of time not to Vol. 3 Pg. aa9 exceed 28 days. In the event detention services of more than 28 days are required, a separate MOU may be initiated. d. Both departments agree to provide certified staff to supervise their evacuated juveniles and to meet mandated child -to -staff ratios for complete twenty -four (24) hour coverage each day. Both departments agree to provide additional certified staff as needed in order to provide supervision their evacuated juveniles who require special supervision to include, but not be limited to, suicide watch, behavioral isolation, room restriction, room confinement, protective confinement, and medical confinement. e. For stays less than fourteen (14) days, both departments agree not to charge the other county as long as the evacuated county provides the proper number of certified staff to cover child -to -staff ratios. f. For stays exceeding fourteen (14) days, the evacuation destination department may charge the evacuating department a fee up to $100.00 per juvenile per day. g. All medical costs and fees incurred by the evacuated juveniles shall be the sole responsibility of the evacuating department. h. The evacuating department agrees to provide all transportation services and related supervision conceming the evacuated juveniles. These services may include, but not be limited to, off - grounds medical / mental health appointments, and court hearings. i. The evacuated county may be charged the price of each meal served to the evacuated juveniles, while detained in the destination department's detention facility. The evacuating department agrees to provide proper clothing, uniforms, and hygiene items for their residents, however in the event of shortages the other department shall assist with this provision. k. This Agreement may be terminated by either party upon ten (10) days written notice to the other party of the intention to terminate. Either department may decline to accept the evacuation by the other department for any reason. m. Each party to this Agreement expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against the other party. Vol. Pg• a � n. It is further agreed that the evacuating department will indemnify and hold harmless the evacuation destination department against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by the evacuation destination department, its agents, servants or employees arising from activities under this contract. EXECUTED on the day of Chairman McLennan County Juvenile Board Chairman Brazos County Juvenile Board Chief Juvenile Probation Officer McLennan County d9 Doug Vance Executive Director azos County Juvenile Services 2010 Date I12d Date Date C-50-0 Date Vol.___ 35 — pg. c23 I BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 20, 2010 ITEM: Request from JM &M Farms to construct a road bore for 10" steel pipe water line installation in the right of way of White Switch Road approximately 2.3 miles from its intersection with FM 2154. Site is located in Precinct 1. SOURCE OF FUNDS: N/A 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: SZ; E D BY:Y: / Richard F. Vance, P.E. County Engineer CC2010 -045 APPROVED BY: Z:ZQ� Commis inner Lloyd Wassermann Precinct 1 This Request is Approved P'/ Denied ❑ by Commissioners' Court Date: yiL'Inl Randy SimVounty Judge 135 P a3-. Voi. g• REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 27803 Formal notice is hereby given that (applicantiLl proposes to place a (type % A— within the right -of -way of (road) 4&'j, L R..Q in Brazos County, yexls as follows: RoAOQ 13orG. The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the _ day of , 20_ r✓� !P Firm: Bale: duly ) Pros: S Address:79�3 llert �ArM Phone :qS6 -'tcl,�"*1t5-- 2z-2)9 APPROVED BY COMMISSIONERS' . COURT ON: . Date Vol. 3 Pg x m z 0 m A N O Z a I l w ` Y m /� Vol. LI 35 gip- �o? Vol. 135 Pg. a35 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 20, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To 272nd District Court White, Carolyn Retirement Budget Bailey, Will Completed Probationary Period Flowers, Sierra New Hire Meyer, Jason Completed Clark, Malcolm Internship Reynal, Jason Completed SO Jail Cottey, Larry Internship Rojo del Busto, Sofia New Hire Expo Complex Neiswadomy, David Termination Hanzelka, James Resignation Clark, Malcolm New Hire SO Jail Cottey, Larry Resignation Essmeyer, Brent New Hire Walker, Richard Resignation Tax Office Malone, Amber Transfer w /in Dept. Approved in Commissioners' Court: July 20, 2C "" County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)