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2011-11-01-4:00PM-REGULAR
BRAZOS COUNTY 7 ,c-. BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 1, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 20: 3 Proclamation 11-025 establishing 6 November 2011 as Poppy Day in memory of all American soldiers who lost their life in defense of this country. 4. Resolution 11-023 providing for the public sale of property aquired by the County of Brazos from delinquent taxes. 5 Order 11-018 regarding the regulation of food establishments including food service establishments, retail food stores, mobil food units, temporary food establishments, and roadside food vendors. 6. Fund Balance Reporting Policy as implementation of the Governmental Accounting Standards Board's fund balance reporting and governmental fund type definitions. 7 Request from the Sheriff's Office for funding to purchase (45) Bulletproof Vests that are needing to be replaced to be in compliance with the wear policy according to federal requirements. The vests will be purchased for the Sheriff's Office and Constables Precincts 2, 3 and 4. 8. Service Agreement Renewal with Appriss, Inc. for Automated Victim Notification Services. 9. Agreement with Brazos County Soil and Water Conservation District for FY 2012. 10. Agreement with Keep Brazos Beautiful, Inc. for FY 2012. 11 Contract with Madison Construction for the remodel of the Courthouse Remodel - Phase III. 12. Requisition # 00036116 to Madison Construction in the amount of $3,903,210.00 for the Courthouse Remodel - Phase III. 13. Contract with AIM, LLC for the Attendance Improvement Management program services to be administered by Justice of the Peace, Pct. 2.2. 14. Tax Refund Applications for the following: • a. Jimbo & Kim Fletcher -overpayment -$12.00 • b. Robert C & Margaret A Reese -overpayment -$69.97 • c. A R Stone Investments -overpayment -$12.68 • d. John R & Karen D Dowdy -overpayment -$7.14 • e. Affordable Mobile Homes -overpayment -$112.75 • f. Kerry Salmi -overpayment -$5.17 • q. Charles L Grisham -overpayment -$5.14 • h. Affordable Mobile Homes -overpayment -$14.11 • i. Linda Corgey-overpayment-$16.33 • j. University Title Company -overpayment -$347.77 • k. A R Stone Investments -overpayment -$193.64 • I. HSBC c/o Corelogic 1 Corelogic-overpayment-$135.98 • m. Theodore M Liu -overpayment -$496.38 • n. Timothy J Smith -overpayment -$79.07 • o. Charles E & Mary Holtkamp-overpayment-$16.19 • p. Darrel W Mosley -overpayment -$14.92 • q. Affordable Mobile Homes -overpayment -$11.24 • r. Joseph C & Karen M Trapani -overpayment -$13.51 • s. Charles E & Mary M Holtkamp-overpayment-$208.40 • t. Timothy J Smith -overpayment -$6.03 • u. A R Stone Investments -overpayment -$28.38 • v. Dorothy F Guttery-overpayment-$144.74 • w. Maria Transito Govea-overpayment-$17.63 • x. Danice Thomas -overpayment -$53.69 • y. Melissa Whelan -overpayment -$24.25 • z. Gregory M & Rhonda Shivok-overpayment-$100.74 • aa. HSBC c/o Corelogic 1 Corelogic-overpayment-$403.39 • bb. Rodney & Luella Spence -overpayment -$9.36 • cc. Pedro Coronado -overpayment -$53.62 • dd. Garrett Heise & Clint Stepan -overpayment -$12.30 • ee. William C & Lauren M Forrest -overpayment -$192.73 15. Commissioners Court minutes for the following dates: • a. October 4, 2011 - Regular Meeting • b. October 11, 2011 - Regular Meeting • c. October 11, 2011 - Public Hearing • d. October 18, 2011 - Regular Meeting • e. October 25, 2011 - Regular Meeting 16. Budget Amendments. Budget Amendments FY 10/11 55.1-55.2 Budget Amendments FY 11/12 5.1 -5.4 17 Requisition # 00036168 to CDW Government, Inc in the amount of $865.00 for the purchase of a scanner for Justice of the Peace Pct. 2-2 using JP Technology Funds. Vol. /€3 Pg. l,) 1 g. Manual Requisition to MicroAge in the amount of $1,592.00 for miscellaneous sound equipment for the Sanctuary Courtroom. 19. Personnel Change of Status. Personnel Action Forms 20. Payment of Claims. 21. Acknowledgement of the Brazos County Expo Fourth Quarter Sales & Marketing Report. 22. Acknowledgement of the Brazos County Purchasing Department Update for the week of October 21-27, 2011. 23. Sheriff's report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns. 26. Adjourn. Vol. i53 Pg, it, 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 ti,,eatening 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: 1. 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. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 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. Vol. 15 3 pg. 15 BRAZOS COUNTY BRYAN,TEXAS MINUTES November 1, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 11-1.pdf File Stamped Agenda.pdf Sign in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, November 1, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and/or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 20: Vol. i 5 3 Pg. 1 i 3. Proclamation 11-025 establishing 6 November 2011 as Poppy Day in memory of all American soldiers who lost their life in defense of this country. 2) Item 3.pdf The Court asks that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy in their memory on this day. The County Judge then presented the proclamation to Bobby and Mary Ruth Rosier, and Sherally Haskins representing the American Legion Auxiliary. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 4. Resolution 11-023 providing for the public sale of property aquired by the County of Brazos from delinquent taxes. Item 4.pdf A copy is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Order 11-018 regarding the regulation of food establishments including food service establishments, retail food stores, mobil food units, temporary food establishments, and roadside food vendors. Commissioner Mallard initially made a motion to approve and Commissioner Cauley seconded. The County Judge stated that he would vote against approval until the order was tweeked. Before voting, Bill Ballard, Court Counsel announced that a Public Hearing was required before approval and the Order also needed some minor corrections. Commissioners Mallard and Cauley rescinded their motion and second. Motion: Remove , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 4-1. Members voting Aye: Catalena , Mallard , Peters , Wassermann . Members voting Nay: Cauley . 6. Fund Balance Reporting Policy as implementation of the Governmental Accounting Standards Board's fund balance reporting and governmental fund type definitions. Item 6.Ddf Katie Conner, County Auditor explained the policy and informed the Court that it became effective September 30, 2010. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 7. Request from the Sheriff's Office for funding to purchase (45) Bulletproof Vests that are needing to be replaced to be in compliance with the wear policy according to federal requirements. The vests will be purchased for the Sheriff's Office and Constables Precincts 2, 3 and 4. Item 7.pdf The Sheriff explained that the Department of Justice had made certain changes to reimbursement funding for the purchase of body armor resulting in county law enforcement agencies adopting policies to be in compliance with federal requirements. Vol. 133 pg. 1 7 Non compliance would prohibit law enforcement agencies from receiving any federal grand funding for the purchase of the body armor. The total cost of his request is $24, 255.00 which will be reimbursed in part by the grant. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 8. Service Agreement Renewal with Appriss, Inc. for Automated Victim Notification Services. Item 8.pdf Cost to Brazos County is $30,710.00 for a term of 12 months from September 1, 2011 through August 31, 2012. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 9. Agreement with Brazos County Soil and Water Conservation District for FY 2012. Item 9.pdf Brazos County will fund the Brazos County Soil & Water Conservation District #450, $4,000.00 in exchange for services to include, but not limited to erosion control, water management and rural development. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Agreement with Keep Brazos Beautiful, Inc. for FY 2012. t Item 10.pdf Brazos County will fund Keep Brazos Beautiful, $15,000.00 in exchange for services to include, but not limited to programs that educate and engage Brazos County citizens to keep our community clean, green and beautiful by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Contract with Madison Construction for the remodel of the Courthouse Remodel - Phase III. AIA Document - Part 1.pdf Fl AIA Document - Part 2.pdf AIA Document - Part 3.pdf AIA Document - Part 4.pdf ) AIA Document - Part 5.pdf AIA Document - Part 6.pdf Mark Dudley of Dudley Construction was present and protesting the award of the RFP. His proposal was $70,000.00 lower, and 60 fewer days to completion. He questioned negotiated price reductions. Dudley Construction is recommended on the original evaluation. He then referenced Sec. 262.030 and said that he does not think this is applicable to construction bids. Sec. 262.030 says the County must specify evaluation factors. He asked the court to reconsider Dudley Construction. The County Judge asked Bill Ballard, Civil Counsel if there was any reason to not proceed whereupon Mr. Vol. 53 Pg. 18 Ballard responded there was not. After considerable discussion, Mr. Dudley withdrew his protest and thanked the Court for their time. Mr. Ballard noted there were minor changes to the Madison contract such as changing the name of the Purchasing Agent from Pat Howard to Charles Wendt. Commissioners Mallard and Cauley were not sure about approving this contract, but said they had to defer to the committee members who heard all and to legal counsel on their opinion. The contract sum of the Phase Ill remodel is $3,903,210.00. A copy of the Agreement is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 12. Requisition # 00036116 to Madison Construction in the amount of $3,903,210.00 for the Courthouse Remodel - Phase III. Item 12.pdf The requisition was approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 13. Contract with AIM, LLC for the Attendance Improvement Management program services to be administered by Justice of the Peace, Pct. 2.2. ".�.`I Item 13.pdf Cost to Brazos County is $13,440.00. A copy of the contract is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 14. Tax Refund Applications for the following: Item 14 Part 1.pdf Item 14 Part 2.pdf • a. Jimbo & Kim Fletcher -overpayment -$12.00 • b. Robert C & Margaret A Reese -overpayment -$69.97 • c. A R Stone Investments -overpayment -$12.68 • d. John R & Karen D Dowdy -overpayment -$7.14 • e. Affordable Mobile Homes -overpayment -$112.75 • f. Kerry Salmi -overpayment -$5.17 • g. Charles L Grisham -overpayment -$5.14 • h. Affordable Mobile Homes -overpayment -$14.11 • i. Linda Corgey-overpayment-$16.33 • j. University Title Company -overpayment -$347.77 • k. A R Stone Investments -overpayment -$193.64 • I. HSBC c/o Corelogic 1 Corelogic-overpayment-$135.98 • m. Theodore M Liu -overpayment -$496.38 • n. Timothy J Smith -overpayment -$79.07 • o. Charles E & Mary Holtkamp-overpayment-$16.19 • p. Darrel W Mosley -overpayment -$14.92 • q. Affordable Mobile Homes -overpayment -$11.24 • r. Joseph C & Karen M Trapani -overpayment -$13.51 • s. Charles E & Mary M Holtkamp-overpayment-$208.40 1 5 3 Pg � I Vol. • t. Timothy J Smith -overpayment -$6.03 • u. A R Stone Investments -overpayment -$28.38 • v. Dorothy F Guttery-overpayment-$144.74 • w. Maria Transito Govea-overpayment-$17.63 • x. Danice Thomas -overpayment -$53.69 • y. Melissa Whelan -overpayment -$24.25 • z. Gregory M & Rhonda Shivok-overpayment-$100.74 • aa. HSBC c/o Corelogic 1 Corelogic-overpayment-$403.39 • bb. Rodney & Luella Spence -overpayment -$9.36 • cc. Pedro Coronado -overpayment -$53.62 • dd. Garrett Heise & Clint Stepan -overpayment -$12.30 • ee. William C & Lauren M Forrest -overpayment -$192.73 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 15. Commissioners Court minutes for the following dates: • a. October 4, 2011 - Regular Meeting • b. October 11, 2011 - Regular Meeting • c. October 11, 2011 - Public Hearing • d. October 18, 2011 - Regular Meeting • e. October 25, 2011 - Regular Meeting Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Budget Amendments. Budget Amendments FY 10/11 55.1-55.2 Item 16 - FY 11.pdf 55.1 Increase budget to recognize revenue for Alternative Dispute Resolution 55.2 Transfer funds from General Fund Contingency to Court Support -Civil Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Budget Amendments FY 11/12 5.1 -5.4 Item 16 - FY 12.pdf 5.1 Reallocate funds for Justice of the Peace, Precinct 2, Place 2 5.2 Transfer funds from General Fund Contingency to Sanctuary Remodel 5.3 Record Donation for Sheriff -Jail Administration 5.4 Transfer Funds from General Fund Contingency to Capital Projects. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 17. Requisition # 00036168 to CDW Government, Inc in the amount of $865.00 for the purchase of a scanner for Justice of the Peace Pct. 2-2 using JP Technology Funds. Item 17.pdf 153 P�Z a0 Vol. .xR� Requisition approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 18. Manual Requisition to MicroAge in the amount of $1,592.00 for miscellaneous sound equipment for the Sanctuary Courtroom. Item 18.pdf Requisition approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by County Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 19. Personnel Change of Status. Personnel Action Forms Item 19.pdf Item 19 Forms.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 20. Payment of Claims. Claims Sheet.pdf Ll BILL LIST 11.1.11.pdf 7092068 through 7092340 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 21. Acknowledgement of the Brazos County Expo Fourth Quarter Sales & Marketing Report. ID Item 21.pdf The Court acknowledged receipt of the marketing report from the Expo Center. Commissioner Cauley said the new website is impressive. 22. Acknowledgement of the Brazos County Purchasing Department Update for the week of October 21-27, 2011. ='t Item 22.pdf The Court acknowledged receipt of the Purchasing Department project update. 23. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 624 inmates in jail, 54 have electronic monitors and 29 are pending for monitors. 24. Announcement of interest items and possible future agenda topics. VOL - Pg. Commissioner Mallard: • a. He asked the Court to save the dates of December 1 and 2 for the High Speed Rail Winter Reception and Meeting here in town. • b. He attended the Housing Finance Corporation conference in Corpus Christie last week. 25. Call for Citizen input and/or concerns. Eric Caldwell, Chief Information Officer: • a. He informed the Court that the telephone system will go down this evening. All county offices will now be on the VOIP system. • b. He also thanked the Commissioners Court for the annual hamburger dinner. He received the invitation this afternoon. 26. Adjourn. The foregoing minutes of the Commissioners Court meeting held November 1, 2011 have been examined and are approved in open Court this 13 1-k day of pet/ember— , 2011, in Bryan, Brazos County, Texas . Duane Peters County Judge y C. 4lena Commissioner, Precinct 2 I Cauley Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Vol 153 Page t�� Lloyd tsermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 AJa-Jte. q\kslIxt)/2 LA- DA _ SA. L Ua4-7o t&5 �i�b` 697— L t -T klI... rote_ 41-T cx r 4roYn Ph, —2t--Zc-ti. I, ega(1 • • _ ap4hoz_kg /, *clittr-ez BRAZOS COUNTY COMMISSIONERS COURT Meeting onti-04m4, 1 ,.L u �� +�•Do Name Organization / Department 7 I (---- ci •'/ j44 tAiL, LQ_ d&— ivveorsie -_,(Ai 7--fue_sci,es6e__. C4zJL ,e--4:&.6 JI I--I-K . t3citiln ‘,.z, ..-(?,g i, 7- J7Vididr 41'1 -71__ 1 (k., Z-'' PAGE of Proclamation Poppy Day WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions who have answered the call to arms have died on the field of battle; and WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have given their life protecting this great country; and WHEREAS, The American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the 6th day of November 2011 as Poppy Day AND asks that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy in their memory on this day. PROCLAIMED this 15S day of November, 2011. Duane Peters County Judge Commis over Lloyd Wassermann Precinct 1 Commissioner I nny Malla Precinct 3 Commissioner Sammy Catalena uley 11-025 vol. 15 3 RESOLUTION PROVIDING FOR THE PUBLIC SALE OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS FROM DELINQUENT TAXES WHEREAS, the following properties in Brazos County were offered for sale by the Sheriff of Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of Brazos, for the use and benefit of itself and the taxing units for which it collects property taxes, pursuant to TEX. PROP. TAX CODE § 34.01 (j); and WHEREAS, TEX. PROP. TAX CODE § 34.05 (c) and (d) provide that we may request that the Sheriff sell the property at a public sale for any sufficient bid. Cause No. 03 -001325 -CV -272 Account No. R3233 1 Cause No. 06 -001873 -CV -272 Account No. R88521 Cause No. 08 -003056 -CV -272 Account No. R20461 Cause No. 08 -003057 -CV -85 Account No. R17490 Cause No. 09 -000259 -CV -85 Account No. R32554 Cause No. 09 -001756 -CV -272 Account No. R92335 Lot 2 and the West 1/2 of Lot 3, Block 7, McCullogh's Subdivision of 40 Acres of land out of the Crawford Burnett League, City of College Station, Brazos County, Texas being that property more particularly described in Volume 268, Page 670, SAVE AND EXCEPT that property more particularly described in Volume 447, Page 40 of the Deed Records, Brazos County, Texas Original Sale Date: December 2, 2008 Lot 10 and Part of Lot 11, Block 14, Castle Heights, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 2540, Page 241 of the Official Records, Brazos County, Texas Original Sale Date: June 2, 2009 Lot 7, Block 4, Bryan's 3 r Addition, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 3723, Page 292 of the Official Public Records, Brazos County, Texas Original Sale Date: September 6, 2011 Lot 4, Block 3, Austin Addition to the City of Bryan, Brazos County, Texas being that property more particularly described in Volume 179, Page 14 of the Official Public Records Original Sale Date: September 6, 2011 Lot 14, McQueen Addition to the City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1690, Page 77 of the Official Public Records, Brazos County, Texas Original Sale Date: December 7, 2010 Lot 44, Block 7, Bryan's First Addition AKA Lot 44, Block 7, Hall's Addition, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1355, Page 207 of the Official Public Records, Brazos County, Texas Original Sale Date: September 6, 2011 Page 1of2 Vok. i 5 3 j02.7 Cause No. 09 -001756 -CV -272 Account No. R20324 Cause No. 09 -001756 -CV -272 Account No. R20326 Cause No. 09 -001756 -CV -272 Account No. R20843 Cause No. 09 -001860 -CV -272 Account No. R20850 Cause No. 09 -002417 -CV -361 Account No. 27229 Lot 43, Block 7, Bryan's First Addition AKA Lot 43, Block 7, Hall's Addition, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1355, Page 207 of the Official Public Records, Brazos County, Texas Original Sale Date: September 6, 2011 Lots 46, 47, 53 and 54 and Part of 15th Street ROW, Block 7, Bryan's First Addition, AKA 46, 47, 53 and 54 and Part of 15th Street ROW, Block 7, Hall's Addition, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1355, Page 207, Volume 1321, Page 315 and Volume 2540, Page 237 of the Official Public Records, Brazos County, Texas Original Sale Date: September 6, 2011 Lot 7, Block 2, Candy Hill Addition #1, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 2258, Page 184 of the Official Public Records, Brazos County, Texas Original Sale Date: September 6, 2011 Part of Lots 2 and 3, Block 3, Candy Hill Addition, Phase 1, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 91, Page 234 SAVE AND EXCEPT that property described in Volume 195, Page 209 of the Official Public Records, Brazos County, Texas Original Sale Date: June 7, 2011 Lot 22, Block 3, Fairview Addition to the City of Bryan, Brazos County, Texas being that property more particularly described in Volume 133, Page 167 of the Official Public Records, Brazos County, Texas Original Sale Date: December 7, 2010 THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the County of Brazos, Texas hereby directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in December, 2011 in the manner prescribed by the Texas Rules of Civil Procedure and TEX. PROP. TAX CODE § 34.05 (c) and (d). PASSED, APPROVED AND ADOPTED this the 14 day of NalaietYletYlbeherr , 2011. County Judge — Duane Peters Commissioner, Precinct 1 - Lloyd Wassermann Commissioner, lecinct 2 - Sammy Catalena Vol. Commissioner, Pr 2ct 3 - K Commi inner, Pr'ecinc County Page 2 of 2 X53 Mallard auley el NA5406214(=---- �a� Brazos County, Texas Fund Balance Reporting Policy Brazos County believes that sound financial management principles require that sufficient fund balance be retained by the County to provide a stable financial base at all times. The purpose of this policy is to provide guidance to the implementation of Governmental Accounting Standards Board (GASB) Statement No.54 and set forth different classifications of fund balance, the level of authority required to assign or commit it and the order in which fund balance will be used. The fund balance will be displayed in the following classifications: • Nonspendable fund balance includes amounts that are not in a spendable form (inventory and prepaid amounts, for example). • Restricted fund balance includes amounts that can be spent only for the specific purposes stipulated by external resource providers such as grantors or statutes. Effectively, restrictions may be changed or lifted only with the consent of external resource providers. Examples include the fund balances of most of the special revenue funds and the debt service fund of the County. • Committed fund balance includes amounts that can be used only for the specific purposes determined by a formal action (i.e. a resolution) of the government's highest level of decision -making authority, which is the County Commissioners' Court. Commitments may be changed or lifted only by the government taking the same formal action such as passing a resolution that imposed the constraint originally. The fund balance of the County Health Endowment Fund is a good example. • Assigned fund balance comprises amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority. Examples include the fund balances of the Capital Improvement Fund, Boonville Cemetery, Research Valley, and Indigent Health Care etc. • Unassigned fund balance is the residual classification for the general fund and includes all amounts not contained in the other classifications. Unassigned amounts are technically available for any purpose. If another governmental fund has a fund balance deficit, then it will be reported as a negative amount in the unassigned classification in that fund. Positive unassigned amounts will be reported only in the general fund. When amounts are available in multiple fund balance classifications, expenditures for a purpose should be spent in the order of restricted, committed, assigned, and unassigned. This policy is effective with the fiscal year ending September 30, 2010. APPROVED r Duane Peters County Judge )(1 D to col. 16 3 .._� l ci Exhibit R-08 Maintenance Renewal Automated Victim Notification Services Brazos County Category: Pilot - Large Subject to the terms and conditions included in the Agreement, this Exhibit R-08 Schedule of Payments shall describe the payments that Customer shall pay to Appriss. Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services determined as follows. This Renewal will extend services through August 31, 2012. ,Tail Maintenance Amount District Court Maintenance Amount Annual Maintenance Amount (12 Months) # of Months Through 8/31/12 Total Maintenance Amount Due $26,333 $4,377 $30,710 12 Months $30,710 Maintenance Amount as indicated above does not include "PParty Vendor Fees"' include booking system vendors, IT staff or other work that is associated with any booking system change not covered under th.e Vendor Certification. These services are considered additional costs and will be billed by the Certified Vendor directly to the entity. Unless approved by the OAG, in writing, in advance, the "3rd Party Vendor" may not be reimbursed by the OAG's SAVNS grant program. Vendor Certification Verbiage Pricing Model for FY 2011, and if Vendor Certification extended, Pricing Model for FY 2012 and FY 2013 The Pricing Model for BY 2011, and if the Vendor Certification is extended, for FY 2012 and FY 2013, contains a 2% increase from. the Pricing Model for FY 2010. The Pricing Model for FY 2011, and if the Vendor Certification is extended, for FY 2012 and FY 2013, covers "Annual Standard Maintenance Fee" and "Standard Maintenance Work" done by the Certified Vendor related to an entity changing their booking system from their existing VINE -supported booking system to a new VINE -supported booking system. "Standard Maintenance Work' includes interface installation, setup, configuration, testing and documentation. A VINE -supported booking system is one for which an, interface already exists. The Pricing Model for FY 2011, and if the Vendor Certification is extended, for FY 2012 and FY 2013, also includes the "Out of Scope Costs", as identified in this Part. Booking systems that are "Not Yet VINE -supported" include those without an existing interface. They are not considered "Standard Maintenance Work" and are subject to the hourly contract rates for "Out of Scope Costs" as identified in this Part. The Pricing Model for FY 2011, and if the Vendor Certification is extended, for FY 2012 and FY 2013, does not include "3rd Party Vendor Fees" -- which are additional costs and will be billed by the Certified Vendor directly to the entity. Unless approved by the OAO, in writing, in advance, the "3rd Party Vendor Fees" may not be reimbursed by the OAG's SAVNS grant program. "3rdParlt' Vendor Fees" include booking system vendors, IT staff or other work that is associated with any booking system changes not covered under this Vendor Certification. These fees are paid directly to the vendor by either the entity or by the Certified Vendor. t based on Response Part 4: for 3rd party Vendor Fees for county changes in the Pricing Model Section of the Vendor Certification. /53 vol. )3U R-08 Service Agreement Renewal Notice DATE: October 25, 2011 CUSTOMER NAME: Brazos County LOCATION: 200 South Texas avenue, #332 Bryan, TX 77803 PROJECT TYPE: Brazos County VINE Service ORIGINAL SERVICE AGREEMENT DATE: March 30, 2004 SERVICE AGREEMENT RENEWAL DATE: September 1, 2011 SERVICE AGREEMENT RENEWAL TERM: 12 Months NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2012 PROJECT PRICING: $30,710 1n -?r Litr.i 'H ta+tion This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below, extends all pricing, service terms and other contract provisions of the prior contract period. No interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. Contract Changes: None Special Note: Please refer to the "3rd Party Vendor Fees" referenced in the attached Exhibit R-07 Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when making booking system replacement and/or changes. AUTHORIZATION: APPRISS, INC., BY> - Thomas R. Seigle President Public Safety Group CUSTOMER BY: Signature Ca.n+y 3ud9e —halfhi Date Dups Title Name Provider of the Service J1. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 THIS AGREEMENT FOR FUNDING ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District"), located in Bryan, Texas, and is effective October 1, 2011. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ("Services"). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is Brazos County Soil & Water Conservation District Agreement Page .1 of 4 evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly enhanced if this method can be used. WHEREAS, the District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. NOW THEREFORE, the parties agree to the following terms and conditions. AGREEMENT PAYMENT AMOUNT FOR FY 2012 The District contracts to Brazos County to provide the above services for FY 2012 for $4,000.00 ("Funds"). ACCOUNTING AND AUDIT The District agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The District agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The District agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The District agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the District under prior Agreements. Any audit will be conducted by Brazos County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the District. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. 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. Brazos County Soil & Water Conservation District Agreement Page 2 of d vol. l 5'3 33 INSURANCE The parties hereto agree that the District 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. COUNTY INVOLVEMENT The County and District 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 Agreement or the services to which it relates has personal interest direct or Indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. 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: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Brazos County Commissioners Court Brazos County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 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. SEVERABILITY In the event that any of the provisions or portions 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. Brazos County Soil & Water Conservation District Agreement Page 3 of4 O!. 15 3 /34 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 Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the District without the prior written consent of the County. 'it/01)TE, Duane Peters, County Judge Brazos County, Texas ATTEST: Karen cQ ee : raz • s Co Clerk �. r /6-44) (DATE) Preston J. Ruffin III, rman Brazos County SWCD #450 Brazos County Soil & Water Conservation District Agreement Page 4 of 4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND KEEP BRAZOS BEAUTIFUL, INC. This Agreement for Funding is by and between Brazos County, hereinafter referred to as ("County") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to as ("Keep Brazos Beautiful") a non-profit organization ("Agreement"). RECITALS WHEREAS, Keep Brazos Beautiful is a volunteer environmental educational organization dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County through programs that educate and engage Brazos County citizens to keep our community clean, green, and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings; and WHEREAS, the Brazos County Commissioners Court is authorized to spend money from the County general revenues for public health and sanitation; and WHEREAS, the prevention of public or private litter serves to improve the public health; and WHEREAS, Keep Brazos Beautiful aids the County in accomplishing that purpose. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual consideration recited and acknowledged herein, the parties agree as follows: AGREEMENT Keep Brazos Beautiful shall provide services to the County as follows: A. Assist in training area youth and adults in area schools, museums, civic clubs, etc. on the importance of litter prevention, recycling, reuse, and buying recycled products, conservation of resources, the proper care and planting of trees and maintain a lending library to assist in teaching about a variety of environmental issues. B. Provide positive environmental leadership and volunteer opportunities to Brazos County youth and adults. C. The Executive Director shall serve on the Solid Waste Advisory Committee of the Brazos Valley Council of Governments to promote environmentally sound waste management practices in the Brazos Valley. D. Perform an annual "Litter Index" survey of the County and provide the scores to the Commissioners' Court. E. Organize volunteers to assist in cleaning litter and illegal dump sites each spring throughout County. Act as an information resource to citizens, law enforcement Keep Brazos Beautiful Agreement Page 1 of 3 Vol. 1 53 a m� 3, Cc, officials, prosecutors and the Commissioners Court about issues relating to litter and illegal dumping in Brazos County. F. Promote the "Adopt a Road" and "Adopt a Highway" programs in the County. G. Promote a "Memorial TREES Program" to plant trees in the County and host an annual Arbor Day Celebration. H. Plant wild flower seeds along public roadways in the County. Educate the community on the need to recycle and to buy recycled products through the use displays, public speaking engagements, and the "Texas Recycle Day" events. J. Act as a clearing house for information for area residents on recycling and provide information concerning Citizen Collection Stations in rural areas of the County as requested. K. Assist in the publicity for the yearly Christmas tree, telephone book recycling and household hazardous waste collection events. L. Provide positive reinforcement through a variety of award programs such as the Business and Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards. 1. Keep Brazos Beautiful will be funded by the County in the amount of $15,000.00 from the County 2011-2012 Fiscal Year funds. 2. Keep Brazos Beautiful agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Keep Brazos Beautiful agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Keep Brazos Beautiful agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Keep Brazos Beautiful agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Keep Brazos Beautiful under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Keep Brazos Beautiful. 3. Annual financial statements (audited if available) are due to County within six (6) months of completion. 4. Keep Brazos Beautiful shall submit a financial statement to the County annually. 5. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other Keep Brazos Beautiful Agreement Page 2 of 3 /®1. 1 53 167 address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY: Brazos County, c/o Commissioners Court 200 South Texas Avenue, Ste, 310 Bryan, Texas 77803 KEEP BRAZOS BEAUTIFUL, INC.: Shelly Humphrey, Acting President 213B South Main Bryan, Texas 77803 6. It is understood and agree that the County's participation in Keep Brazos Beautiful is limited to the contribution of funds. County, at no time, shall be liable or responsible for acts of Keep Brazos Beautiful its agents or employees. Keep Brazos Beautiful at no time shall be liable or responsible for acts of the County, its agents or employees. 7. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. SIGNED this 5.V- day of \\\ii , 2011. KEEP BRAZOS BEAUTIFUL, INC. my Reeecutive Di President t e Boargl of D' a tors Keep Brazos Beautiful Agreement BRAZOS COUNTY Duane Peters, County Judge ATTEST: 3,5-4 Page 3 of 3 Vor. I 53 Pg. 13 e issued after execution of this Agreement. the Contra AIA Document Aitr n" — 2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 19 Institute of Architects. All rights reserved. WARNING: This Ale Document is protected reproduction or distribution of this Ale Document, or any portion of it, may result in maximum extent possible under the law. This document was produced by AIA software at on 09/19/2012, and is not for resale. User Notes: ...ATA Document A101" -- 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum I AGREEMENT made as of the 4`s day of November in the year 2011 (fn words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) County of Brazos 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 and the Contractor: (Name, legal status, address and other information) Madison Construction, L.P. 1640 Briarcrest Drive, Suite 125 P.O. Box 3787 Bryan, Texas 77805-3787 for the following Project: (Name, location and detailed description) Renovations to an. Existing Facility - Brazos County Courthouse - Phase III 300 E. 26th Street Bryan, Texas 77803 The Architect: (Name, legal status, address and other information) Patterson Architects 701 South Texas Avenue Bryan, Texas 77803 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 AlA 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 line 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 ALA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A201 TM' -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. The Owner and Contractor agree as follows. (Paragraphs deleted) ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 The Contract Documents consist of this Agreement between the Owner and the Contractor, AIA Document A101-2007, as modified by the Owner (hereinafter referred to in the Contract Documents as the "Agreement"); General Conditions of the Contract for Construction, MA 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 Request for Proposal (hereinafter "RFP") No. 2011-27 for construction of the Brazos County Courthouse Phase III (hereinafter, "Bid" ); Contractor's Proposal in response to the RFP (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 Contract Documents are as fully 63, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American by U.S. Copyright Law and International Treaties. Unauthorized severe civil and criminal penalties, and will be prosecuted to the 14:14.57 on 11/04/2011 under Order No. 6798208821_1 which expires (1934775909) Vol. 153 Pg... 3-9 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 9. § 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 anyone ject at matter hereof, whether the r writtenorhas acknowledges that the other party,actingfparty between the parties. Each party g made no representations, inducements, promises or agreements, orally or otherwise, unless such representations, oration. The Contract inducements, promises, or agreements are embodied in the of the Stateof Texas,and venuy or e forpauy legal action relating Documents shall be construed in accordance with the laws to the Contract Documents or the Work shall be in Brazos County, Texas. The Contract Documents shall not be ind (1) en e ect and the Owner a rSaa contractual 1 relationship of any Sub -subcontractor, k(3) betweenethethOwner and the Architect, or or, (2) between the (4) between any Owner and Subcontractor 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. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL 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) (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 (1 5) 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 If, 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: init. § 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 Four Hundred Five (405) calendar days from the Commencement Date: All of the Contractor's Work shall be substantially complete no later than Four Hundred Five (405) calendar days from the Commencement Date, subject to extensions of Contract time, if any, in accordance with the Contract AIA Document A101 T' - 2007. Copyright U 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 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 International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:14:57 on 11104/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. (1934775909) User Notes: 153 1 at VOi P . ll wner ll suffer loss if the Work is not Documents. The Contractor understands that DocOuments�1The partiesfagreeland acknowledge that damages substantially complete complete on the date set forth in the Contract Owner that will be caused by a failure to substantially complete the Work by the date set forth in the Contract Tus, the ntractor fail to e antial ion on or Documents is dates to ascertain. hContractor shall beoasses assessed liquidated tdamagestin the amounttof Three before the listedaherein, Cthe C 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 phehe O k err the hebstipulated ly and fixed sums described herein as liquidated damages for each calendar day until uments to an mate Complete. The parties intend for the liquidated Owner teddam� will sufferamount set forth in the for Contractor's failurettDo�substantiall �o pletle the or reasonable forecast of the damages h Work by the may deduct forth in the tract Contract h liquidated damages from ants and such is not ynamount due and payable Oto the Contractor udiscretion, may deduct and/or with subtract liquidated 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 otht for dame remedies edies provided from the for in o Contractor's Contract failure Documents or any other remedies provided by law or equity, except g g to achieve Substantial Completion by the dates set forth in the Contract Documents, nor shall pursuit of such liquidated damages provided for herein iconstitute on of the Contractora forfeiture or es breach of this Agreement.r of any other ot the Contractor hereunder or of any other damages g by ARTICLE 4 CONTRACT SUM act Sum § 4.1 The Owner shall pay the Contractor Million Nine Hundred Three in current funds f oThousand TworHundred Ten dollars Contract. The Contract Sum sadditions be {$3,903,210O0 }, subject to additiathat is dfotons as rmally approved by the Commssione�Court Documents. The Contract Sum ed by a Modification may only be changed Price Reduction t § 4.2 Contract Final Price Reductased ion Proposaln the Base ,wh chid sare3desscribed in the Contract Documents and the following and in Article 9.1.7 Proposals, and Fina additional documents and are hereby accepted by the Owner: (Reference §4.1 above). Alternates: #1 —Lobby Ceiling, Add $20,000.00 #2 —Repair Existing Storefront, Add $4,500.00 #3 — Mechanical Enclosure, Add $270,000.00 #4 — Sidewalks, Add $24,000.00 #5 —Non-Detention Surveillance System, Add$75,000.00 #6 - Second Floor Concourse Ceiling, $42,000.00 Price Reduction Proposals accepted by 1 th1 e follows: in accordance with Architect's Email, Dated 02 Sept I land Cost Reduction Worksheet, Dated 01 Sept Request Date 15 August 11 - #4 Delete second floor feature light box ceilings, Deduct ($5,450.00) Request Date 15 August 11 - #5 Construction time/related costs, Deduct ($21,000.00) Request Date 15 August 11 - #M1 Voluntary credit for elevator #work, k, Deduct ($ct ($9,640.00) ,300.00) Request Date 15 August I1 - #M3 Voluntary credit for masonry on 3 Request Date 24 August 11 - #3 Delete backup I.T. air conditioning, Deduct ($6,500.00) Request Date 30 August 11 - #2 Delete removal & salvage of existing Travertine panels, De , Deduct ($32,000.00) Request Date 30 August 11 - #3 Credit for alternatatfdo Pm�n tnes P8 -P10, ng at Deduct cal s ($9,500.00) 00) Request Date 31 August 11 - #1 Delete X -bracing Final Price Reduction Proposal in accordance with Contractor's Letter, Dated 06 Sept 11 ($18,200.00) Cost Reduction Worksheet — September 6, 2011, rev. 4 § 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. Init. Units and Limitations Price Per Unit ($0.00) (Ro Item _ ht ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American A!A Document A101 2007• Copyright protected by Copyright Law and International Treaties. Unauthorized portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the reinstitute of Architects. All rights reserved. WARNING: This AIA® Document is U.S. opY 9 maximum extentor distribution possible d r theis law his documument,ent or any maximum possible under law. This document was produced by AIA software at 14:14:57 on 11/04/2011 under Order No.6798208821�y9which�90 Tres ) on 09/19/2012, and is not for resale. User Notes: 15 3 141 Vol.. P. w deleted) None § 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 2011-27. § 4.6 CHANGES IN THE WORK § 4.6.1 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. tnit. (Table deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submittedto the Architect by the Contractor and Certificates for 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 payment to 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. § 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: .1 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 AlA Document A101'm — 2007. Copyright Cr 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe 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 14:14:57 on 11/04/2011 under Order No,6798208821_1 which expires on 09/19/2012, and is not for resale. User Notes: I 3 (1934775909) 3 It (5%). 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 made 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 intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.7.8.1 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 .2 a final Certificate for Payment has been issued by the Architect after consultation and approval by the Owner. Init. § 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 § 6.1 Paragraphs deleted AIA Document A101TM - 2007. Copyright ft 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 187, international,197and Treaties.007 Unauthorized he merican Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright reproduction or distribution of this A1Ae 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 14:14:57 on 11104/2011 under Order -No.6798208821 1 which expires on 09/19/2012, and is not for resale. (1934775909) User Notes: 1; 3 q I ) _� ,„i• .e, -��-- hilt § 6.1 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AlA Document A201-2007, the method of binding dispute resolution shall be as follows: Arbitration pursuant to Section 15.4 of AIA Document A201-2007 Litigation in a court of competent jurisdiction [ l [xl [ l Other (Speci, fy) (Paragraphs deleted) ARTICLE 7 TERMINATION OR SUSPENSION § 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 A01- 00 Gehe eral Condiactor tions, hall be as modified by the Owner, or another Contract Document, Consultants, if any, engaged by 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.) § 8.2 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 any) 5% per annum § 8.3 The Owner's Designated Representative is: Charles Wendt, 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. § 8,4 The Contractor's Designated Representative is: Matt Nash Madison Construction, LP 1640 Briarcrest Drive, Suite 125 Bryan, TX 77802 (979) 268-5520 The Contractor's Designated Representative identified above shall be authorized to act on the Contractor'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 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 1, 7 and 2007 by The can AIA Document �u A.l� gh2 r serveed. WARNING: This AIA° Document s protected by U.S. Copyright Law and International Treaties. Unauthorized zed Institute 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 maximum extent possible under the law. This document was produced by AlA software al 14:14:57 on 11/0412011 under Order No.6798208821t{10which expires User Notes: 9) on 09/19/2012, and is not for resale. 53 �.. 14-4 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 § 8.7 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 number, 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: Jaster-Quintanilla & Associates, Inc. 1608 W. 6th Street, Suite 100, Austin, TX 78703 init. MEP Engineer: Swoboda Engineering 7010 Coyote Run, Bryan, TX 77808 Security Systems: deLeon Technology Associates 242 West 276 Street, Houston, TX 77008 § 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 "INDEM.NITEES") 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 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 INDEMNITEE 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 FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS, AND EXPENSES IN CONNECTION WITH: (I) 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, AIA Document A101 TM - 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 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 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:14:57 on 11/04/2011 under Order No.6798208821_1 which expires on 09119/2012, and is not for resale. I (1934775909) User Notes: •/O1. P,g' 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 INDEMNITEES' OTHER LEGAL REMEDIES AGAINST THE CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THE INDEMNITY FOR THE ARCHITECT, THE ARCHITECT'S CONSULTANTS, AGENTS, AND EMPLOYEES DOES NOT EXTEND TO ANY INDEMNITY PROHIBITED BY PROVISION SHECTION 130.003ALL LL SURVIVE TERMINATION OFTHE TEXAS CIVIL PRACTICE �THE CONTRACT. D REMEDIES C?DE,. THIS INDEMNIFICATION ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor as modified by the Owner (referred to in the Contract Documents as the "Agreement"). § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction as modified by the Owner (referred to in the Contract Documents as the "General Conditions"). § 9.1.3 The General Supplementary and other Conditions of the Contract, if any, are those contained in the Project Manual dated June 2011 , and are as follows: (Table deleted) § 9.1,4 The (Paragraphs deleted) Specifications are those contained in the Project Manual dated June 2011 as in Section 9.1.3 above. (Table deleted) § 9.1.5 The (Paragraphs deleted) Drawings are as follows, and are dated June 24, 2011 and July 18, 2011 unless a different date is shown below. (Table deleted) § 9.1.6 The Addenda, if any are as follows: init. Number 2 3 4 Date August 2, 2011 August 4, 2011 August 5, 2011 August 8, 2011 Pages 36 pages 20 pages 2 pages I page (Paragraph deleted) § 9.1.7 Additional documents forming part of the Contract Documents (Reference Exhibit A for items 2, 3, and 4): 1. The Owners Request for Proposal (Bid No. 2011-27) 17 pages are included in the Project Manual. 2. The Contractor's Proposal and Supplemental Contractor's Qualification Statement, Dated August 9, 2011 and are attached to this Agreement. 3. Architect's Price Reduction Requests in accordance with the following and are attached to this Agreement: a) Architect's Price Reduction Request Letter, Dated August 15, 2011. b) Architect's Price Reduction Request Letter, Page 2 Revision, Email, Dated August 15, 2011. c) Architect's Price Reduction Request Email, Dated August 24, 2011. d) Architect's Price Reduction Request Email, Dated August 30, 2011 and attachment. e) Architect's Price Reduction Request Email, Dated August 31, 2011. t) Architect's Price Reduction Request Email, Dated September 2, 2011 and attachment. 4. Contractor's Price Reduction Proposals in accordance with the following and are attached to this Agreement: AIA Document A101'° - 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 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 International Treaties. Unauthorized 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 maximum extent possible under the law. This document was produced by AIA software at 14:14:57 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19(2012, and is not for resale. (1934775909) User Notes: 1 53 ; j. ,% a) Contractor's Price Reduction Proposal Letter, Dated August 26, 2011. b) Contractor's Price Reduction Proposal Letter, Dated September 1, 2011. c) Contractor's Price Reduction Proposal Letter, Dated September 6, 2011. 5. Cost Reduction Worksheet, Dated September 6, 2011, Rev. 4. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of ALI Document A201-2©07;) Type of insurance or bond Limit of liability or bond amount is the Total Contract amount (Row deleted) See attached Certificate of Insurance, Performance and Payment Bonds. init. AIA Document A101'" — 2007. Copyright' ) 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 14:14:57 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. (1934775909) User Notes: 15 3 I 1 1, 7 This Agreement is entered into as of the day of of the year 2011 and is executed in at least three (3) original copies, of which one (1) is to be delivered to the Contractor, one (l) to the Architect for use in the administration of the Contract, and one (1) to the Owner. BY: Bill Ballard Civil Counsel Init OWNER: Brazos County BY: Duane Peters Brazos County Judge ATTEST: CONTRACTOR: Madison Construction, LP ,l BY: Michael R. Jones President )11( Q(.1_O.,"_. 3.4.1/11— P. -G-11(030 BY: KareniQueen Brazos County Clerk APPROVED AS TO FORM*: �i :- *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 or legal document on behalf of other parties. 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 attorney(s). I (Table deleted) AIA Document A1011 — 2007. Copyright CO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 i 0 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 byAlAsoftware at 14:14:57 on 11/04/2011 under Order No 6798208821_1 which expires on 09119/2012, and Is not for resale. User Notes: (1934775909) V3 � 4. 14-g Exhibit A Additional documents forming part of the Contract Documents Section 9.1.7.1 & Section 9.1.71 Owners Request for Proposal incorporating the Contractor's Proposal and Supplemental Contractor's Qualification Statement Section 9.1.7.3 Architect's Price Reduction Requests Section 9.1.7.4 Contractor's Price Reduction Proposals Vol. 3 g. l4-�1 Please enclose a copy of the original Contractor's Proposal and Supplemental Contractor's Qualification Statement. t53 15® RENOVATION OF THE BRAZOS COUNTY COURTHOUSE - PHASE III REQUEST FOR PROPOSAL 2011-27 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building, Ste. 352 Bid 110.2011-27 200 South Texas Ave., Ste. 352 Page 1 of o 17 pages Bryan, Texas 77803 Telephone (979) 361-4291 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Tuesday, August 9, 2011_ in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. There will be a Pre -Bid Conference at the Brazos County Courthouse, 300 E. 26th St., Bryan, TX 77803 at 2:00 p.m. Friday, July 29, 2011 at the front entrance inside the Courthouse. Project plans and specifications are available, in CD format, from Patterson Architects, 701 South Texas Avenue, Bryan, TX 77803, voice (979) 775-6036, fax (979) 779-0727, email design(i4p atarch.com. A. SUMMARY OF WORK Phase III Renovation of the Brazos County Courthouse includes the following: 1. Coordination with Owner's Contractor abating Asbestos in each phase will be a project requirement. 2. Demolition work includes the removal of selected interior partitions, ceilings, portions of exterior precast concrete wall panels, and MEP equipment not scheduled to remain. 3. The renovation work includes repairs to existing concrete slab; exterior pre -cast concrete panels, curtain wall system and roofing, concrete masonry partitions, interior gypsum wallboard partitions; thermal insulation; new millwork, and detention equipment. 4. The work also includes certain items of equipment including: fire sprinkler, plumbing, heating -ventilation -air conditioning; electrical systems; lighting and alarm - signal systems. B. ALTERNATES 1. Alternate No. 1 - Ceiling in Lobby 1106 State amount to be added to the base bid for furnishing material and labor to construct the ceiling in Lobby 1106 including lighting, power and HVAC requirements, as shown on the drawings. 2. Alternate No. 2 - Repair Existing Storefront State amount to be added to the base bid to repair/replace the existing storefront glazing system at Existing Vestibule 1103 as indicated on the drawings. vol. 1 5 3 pg. 15 1 Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 2 of 17 pages 3. Alternate No. 3- Mechanical Enclosure State amount to be added to the base bid to construct the new mechanical enclosure including the cost of the new cooling tower (relocation costs) as indicated on the drawings. Note: The Condensing Units, Emergency Generator, and associated work (Automatic Transfer Switch Conductors, etc.) will remain as part of the base bid. 4. Alternate No. 4- Sidewalks State amount to be added to the base bid to remove and install new concrete sidewalks (includes bulkhead installation and subgrade improvements) as shown on the drawings. 5. Alternate No. 5- Non -Detention Surveillance System State amount to be added to the base bid to provide additional cameras and associated computer systems in Non -Detention areas of the Courthouse as indicated on the drawings. 6. Alternate No. 6- Second Floor Concourse Ceiling State amount to be added to the base bid to install new suspended ceiling at the 2"d floor concouse. Work includes all demolition, new HVAC components, lighting power, fire sprinkler and alarm systems as indicated on the drawings. C. CONDITIONS OF BID The following instructions apply to all bids and proposals and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor 1Pg Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 3 of 17 pages 2. Upon acceptance and approval by the Commissioners' Court, this proposal effects a working contract between Brazos County and the successful Contractor for the period designated. 3. Proposals must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and written price quotations will be considered. fi. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7, The Contractor must include Employer Identification Number or Social Security Number and signature for the proposal to be valid. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 10. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total Cost including the Alternates and Addenda 30% b. Ability to perform contract 10% c. On time completion 10% d. Quality of previous contracts similar with Brazos County 15% e. Sufficiency of financial resources, bonding, insurance 15% f. Proposer's reputation 10% g. Future maintenance repair parts, and service 10% Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 153 Po 153 Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 4 of 17 pages Review Committee: a. Duane Peters, County Judge b, Sammy Catalena, Commissioner, Pct. 2 - Chairman c. J.D. Langley, District Judge d. Gary Arnold, Road and Bridge/Project Manager e. Wayne Dicky, Jail Administrator f. Irene Jett, Budget Officer g. Fred Patterson, Architect (non -voting member) h. Charles Wendt, Asst. Purchasing Agent (non -voting member) 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction,- including the submission to the County of any and all documentation as may be required. 12. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 13_ This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 14. The Proposal must specify the number of consecutive calendar days required to complete the project. 15. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Commissioner's Court. 16. Proposals will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 17. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Contractor. Company name and authorized signature shall appear in each space provided. 18. It is our policy not to disclose proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 19. This Proposal will be made part of any resulting contract the County may enter into. D. SPECIAL PROVISIONS 1. Contractors with questions regarding the proposal should contact Fred Patterson, Patterson Architects, 701 South Texas Avenue, Bryan, TX 77803, voice (979) 775-6036, fax (979) 779-0727, email design@patarch.com. Vol. I 53 rte. t, 5 4 Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 5 of 17 pages 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Building, 200 South Texas Ave., Suite 352, Bryan, Texas 77803 by 2:0013.m.. Tuesday, August 9, 2011. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued to the Contractors. 3. All proposals shall be prepared on the bid forms located on the Brazos County web site www.co.brazos.tx.us. Go to departments and choose Purchasing, then go to Bids and RFP's. Download the bid or RFP that pertains to you. Be sure to put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 4. In addition to the County's bid proposal form, all proposals shall be accompanied by a Contractors Qualification Statement (AIA Document A-305 or equal) listing five (5) representative projects with the owner's and architect's contact information. 5. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. 6. At the public opening, the proposals shall be opened and acknowledged. 7. The Contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 8. All proposals reasonably susceptible to being selected will be given fair and equal consideration, and discussions may be conducted with these Contractors 9. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 10. Performance Standards: 1. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. 2. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. 3. All materials and equipment brought to the site are full responsibility and liability of the Contractor until removed from the site as required. Vol. 1 6 3 Pi. 155 Proposal Continuation Sheet BRAZOS COUNTY, TEXAS 4. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. 5. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. 6. The Contractor shall be responsible for initiating, maintaining and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. 7. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). Proposal Request No. 2011- 27 Page 6 of 17 pages E. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. F. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Vol. ( 3 r ISte Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 7 of 17 pages Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an A: VIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. BUILDERS RISK a. Brazos County will provide a builders risk policy at its own expense to cover the cost of materials delivered and labor performed. Vol. 153 157 Proposal Continuation Sheet BRAZOS COUNTY, TEXAS 4. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28,. Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage oth�oemployees videthe coverage for tor. the employees ot'portion of the an form that would otherwise allow them provide independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 (c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in c accommodate followinglanguage, pectfic document ut any additional h the}words are changes, except those required contained or to impose stricter standards of documentation: Proposal Request No. 2011- 27 Page 8 of 17 pages A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement) TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in section 406.096 {of the Texas Labor Code)) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. vol. X153 5 S Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 9 of 17 pages B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; Proposal Continuation Sheet BRAZOS COUNTY, TEXAS (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self - insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5. CERTIFICATES OF INSURANCE certificates shall be prepared and executed by the insurance company or it's authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company arc underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. Proposal Request No. 2011- 27 Page 10 of 17 pages vol, 15 3 pg. 1 Loy Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 11 of 17 pages c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. 6. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 7. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. col. VS3 Pg. I Co I Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 12 of 17 pages 8. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shallindemnify, hold harmless, and defend the County, its officers, agents, and employees form and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (I) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the i63 tioa Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 13 of 17 pages giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 9. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. G. BONDING REQUIREMENTS 1. All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. The successful bidder must provide to the Purchasing Department, a performance bond and a payment body, each in the amount of 100% if the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better_ BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. 153 Pg., ito3 Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 14 of 17 pages H. PREPARATION OF BID 1. The Contractor shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If the bid is submitted by a firm, association, or partnership, the name and address of each member must be given, and the bid must be signed by an official or duly authorized agent. 3. The Contractor must submit an original and eight (8) copies of the proposal to Brazos County. I. PROCUREMENT DOCUMENTS 1. Complete sets of contract documents may be obtained electronically. Paper documents are not available from the Owner or Architect. Electronic documents may be obtained from Project Architect: Fred Patterson 701 South Texas Ave. Bryan, Texas 77803 Phone: (979) 775-6036 Fax: (979) -779-0727 Email: design@patarch.com 2. All questions must be submitted electronically to the architect prior to 5:00 p.m. Tuesday, August 2, 2011. No addenda will be issued after August 4, 2011. J. BASE BID COST: 1. The amount to complete the construction for the Renovations to an Existing Facility, Brazos County Courthouse, Phase III, 300 East 26`h Street, Bryan, Texas, including all general plumbing, mechanical, and electrical construction work as indicated in the drawings and specifications. Dollars S Vot.x. 5 3 Pg. I (S)`� Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 15 of 17 pages K. ALTERNATES: 1. Lobby Ceiling Dollars $ 2. Repair Existing Storefront Dollars $ 3. Mechanical Enclosure Dollars $ 4. Sidewalks Dollars $ 5. Non -Detention Surveillance System Dollars $ 6. Second Floor Concourse Ceiling Dollars $ Vol. (S3 pg. UQ 5 Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 16 of 17 pages L. TIMELINES: 1. List calendar days to complete Phase III of the project without alternates. Days Alternates- Additional time to be added to contract if alternate is accepted. Alternate #: 1. Days 2. Days 3. Days 4. Days 5. Days 6. Days M. ALLOWANCES: 1. The undersigned acknowledges that all cash allowances identified in Section 01 21 00 and addenda are included in the Base Bid Cost. Proposer's Signature N. LIST OF SUB -CONTRACTORS: 1. Electrical 2. Mechanical 3. Plumbing 4. Masonry 5. Elevators 6. Roofing 7. Curtain Wall 8. Detention Equipment Supplier Vol. i 53 pg. I (o Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 17 of 17 pages O. ADDENDA The undersigned acknowledges receipt of the following addenda issued during the time of Bidding and includes the several changes therein in this Proposal. No. No. No. Date Date Date _ P. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have not been communicated to any other Contractor prior to the official opening. Signed By: Title: Typed Name: Company Name: Phone No. Mailing Address: P. O. Box or Street City State Zip Employer Identification Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. 2011-27 Vol. 53 Pg. 1tO7 Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 14 of 17 pages ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. 11. PREPARATION OF BID 1. The Contractor shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a bid is submitted by an individual, his name must be signed by him or his duty authorized agent. If the bid is submitted by a firm, association, or partnership, the name and address of each member must be given, and the bid must be signed by an official or duly authorized agent. 3. The Contractor must submit an original and eight (8) copies of the proposal to Brazos County. PROCUREMENT DOCUMENTS 1. Complete sets of contract documents may be obtained electronically. Paper documents are not available from the Owner or Architect. Electronic documents may be obtained from Project Architect: Fred Patterson Patterson Architects 701 South Texas Ave. Bryan, Texas 77803 Phone: (979) 775-6036 Fax: (979) -779-0727 Email: design@patarch.com 2. Ail questions must be submitted electronically to the architect prior to 5:00 p.m. Tuesday, August 2, 2011. No addenda will be issued after August 4, 2011. J. BASE BID COST: 1. The amount to complete the construction for the Renovations to an Existing Facility, Brazos County Courthouse - Phase III, 300 East 26`h Street, Bryan, Texas, including all general plumbing, mechanical, and electrical construction work as indicated in the drawings and specifications. c, n-1, i 1 e\P "1 i X. 1 (.-.1 e i— a- Dollars $ 31 © CJ f OOO vol._ 153 pg. )&8' Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 15 of 17 pages K. ALTERNATES: 1. Lobby Ceiling Repair Existing Storefront ri o o -- Dollars $� a D d Dollars $ 522 3. Mechanical Enclosure ! Usr a — %b c. -C4 CIA t-+-ti'�'] •i-t -ct J a -ti a-4 _ — Dollars $ 2 ?a! d a 0, 4. Sidewalks 4131 -0- A -sr 711(-6-afafti 144-ei Aese} Dollars $ g Da. 6 5. Non -Detention Surveillance System ft, Vnioudc„e 6_4 Dollars $ 2 ,J o O 7 b. Second Floor Concourse Ceiling 41'1.o t.t,Ec.a Dollars $ r OO O I� Vol 153 Pg. Proposal Continuation Sheet Proposal Request No. 2011- 27 BRAZOS COUNTY, TEXAS Page 16 of 17 pages L. TIMELINES: 1. List calendar days to, complete Phase ill of the project without alternates. 4-g0 Days Alternates- Additional time to be added to contract if alternate is accepted. Alternate #: 1. O Days 2. O Days 3, O Days 4. 5 Days 5. t 0 Days 6. d Days M. ALLOWANCES: 1. The undersigned acknowledges that all cash allowances identified in Section 01 2J q , nd ddet a i i laded in the Base Bid Cost. Proposer's Sign ure Mi. ae R Jones, President N. LIST OF SUB -CONTRACTORS: 1. Electrical _ 2. Mechanical 3. Plumbing _ 4. Masonry 5. Elevators 6. Roofing Ec gfit 7. Curtain Wall CO 8. Detention Equipment Supplier Vol..... I S3 _ Pg. 1 '7 0 Proposal Continuation Sheet Bra zosCeunty, Texas O. ADDENDA page 4 Proposal Request No. 2011- 27 Page 17 The undersigned acknowledges receipt of the following addenda issued during the time of Bidding and includes the several changes therein in this Proposal. No. 1 No. 2 Date August 2, 2011 Date August 4 ' 2011 P. UNIT PRICES No, 3 No.4 Date August 5, 2011 Date August 8, 2011 In the event of change in Contract work quantities, the following unit prices are submitted to adjust the Contract sum, unless these prices are changed by agreement; prior to execution of the Contract. 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. Drilled Piers: If the depth of any reinforced concrete pier is changed from that shown on the drawings, the following unit price per vertical foot' for additional or lesser depth of drilled pier will he used to adjust the contract amount For P1 - 12'/36" diameter S For P2 - 24"/48" diameter S For P3 - 30"/66" diameter S 7i7 /L.F. complete per pier.G�pl /L.F. complete per pier. 7 M /L.F. complete per pier. (- j11/96.5- 2. Steel Casings: If drilled piers requite steel casing is required, then the following unitprice per vertical foot will be used to adjust the contract amount Note that depth of steel casing shall extend to top of under -ream and not into under -ream, These unit prices are far the installed cost of the casing and not for the costs related to pier drilling, concrete, or reinforcing. Par PI - 18736" diameter For P2 - 2.41141V diameter S For P3 - 30"/66" diameter S /L E complete per pier, e1 /L.F, complete per pier. I M 1*-7/L.F. complete per pier. Q. CERTIFICATION OF PRO'OSAL The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have not been communicated to any other ,ptctorprior ttytSte 'al opening. Signed By: Typed Name: Michael R Jones e'-'i / Title: President Company Name: Madisnn Construction, L.P. Mailing Address: P o Box 3787, Bryan, Texas 77805 P. O. Box or Street Employer Identification Number: 74-2743961 City Phone No. (979) 268-5520 CORPORATE SEAL IF SUBM11 1 LD BY A CORPORATION END OF RFP NO. 2011-27 State Zip Vol. 153 pg. lit NAME OF PROJECT: (If applicable) The. Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading, SUBMITTED TO: ADDRESS: SUBMITTED BY: Corporation Partnership Individual Joint Venture Other Brazos County Administration Building 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 Madison Construction, L.P. Mr. Michael R. Jones P.O. Box 3787 Bryan, Texas 77805 3787 1640 Briarcr..est Drive, Suite 125 Bryan,:Texas 77802 TYPE OF WORK: (File separate form for each Classification of Work) General Construction HVAC Electrical Plumbing Other (Please spectf3q This form is approved and recommended by the American Institute of Architects (AIA) and The Associated General Contractors of America (AGC) for use in evaluating the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by AIA or AGC. MA Document A305TK —1986. Copyright ® 1964, 1969, 1979 and 1986 by The American Institute of Architects. Alt rights reserved. WARNING: This AtAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ton (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia_org. vol. 153 gig. -1 1 § 1.6 If the form of your organization is other than those listed above, describe it and name the principals: § 2. LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. § 2.2 List jurisdictions inwhich your organization's partnership or trade name is filed. § 3. EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces.,. Concrete work Miscellaneous steel work Structural earthwork Drywall Carpentry work Landscaping § 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details,) § 3.2.1 Has your organization ever failed to complete any work awarded to it? No § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No § 3.3 Within the last five years has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract'? (If the answer(is yes, please attach details.) No ALA Document A3057M —1996. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Arcnitects. All rights reserved. WARNING: This Ale Document is protected by US_ Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AleDocument, or 3 any portion of it, may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law_ Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of ALA Contract Documents, e-mail The Arnencan Institute of Architects' legal counsel, capyright@aja•org- vol. 163 pg. 1-73 § 5. FINANCING §5,1 Financial Statement § 5:1.1 Attach a financial statement, preferably statement showing the following items: 1Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued audited, including your organization's latest balance' sheet and income income, deposits, materials inventory and prepaid expenses);, .2 Net Fixed Assets; ,3 Other Assets; .4 Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes);;:and .5 Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). § 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: The Adam CorporationiGroup One Momentum Boulevard, Suite 1000 College Station, Texas 77842 §5.1.3 Is the attached financial statement for the identical organization named on page one? §5,1,4 If not, explain the relationship and financial responsibility of the organization whose financial statementi:s provided (e.g., parent -subsidiary). *vn�ortw�sAaasw veear�".ais wrrprwr►tsr� ii )4•A•AOCI i ii05Af i ` v27+~ . c of I J V. R1O, #R t 'E'�Xraar r2 o ac oti whose financial statement is attached act as guarantor of the contract for construction?nIMPersto o " rr , K . tys a -aiYMMsts+Y+raa+�/reMifreiMtlOvosss��saYi Yes AtA Document A305TM —1986. Copyright ® 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA5 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA5 Document, or • 5 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of /OA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. vol. IS3 Pg. I 3.4 Major Construction Projects in Progress Madison Construction, L.P. %Comptete 74% to un N "� O r4 vi N to N 8 -47 ti '" r-1 MCC- 6 Aug 2011 Aug 2011 March 2012 . i 0 IN n 4-I si 0 rsi a o N Vl- m om vo I c Oc ri ,.--4 I I Patterson Architects Fred Patterson 979 776-6036 Brazos County Gary Arnold 979-822-2177 Patterson Architects Fred Patterson 979-776-6036 Billy Bailouts 979-830-411P Chris Harris 979-846-8401 Malcom McKinley 935-637- 4900 Leon Williamson 979-775-1771 8 Nathan Winchester 979-823I - 4039 m O G Ross Schroeder 979-830-4118 Blinn College Architect N dJ la 7 QCa O T _d E aco All Saints Church Rev. John Chase 936-544-8914 Goodwin Lasiter, Inc. Burleson Holdings LTD Craig Blum 979-567-3212 Williamson Group Architects Producers Cooperative Association lames Deatherage 979-778-6000 Nathan Winchester Designs a G G *Shell Construction Contract with Weis Builders for Retirement Community R Brazos County Gary Arnold 979-822-2127 Texas A&M University Mikael Olsen 979-458-0417 MRC Crestview/Woodlands Construction Mgr/Weis Dick Graenewold 469-464-3333 Builders x755 OJ y at y O U C Pg. LS I Yt17JPct Brazos County Courthouse Renovations Phase I and II Brazos County Courthouse Facade knrnvamantc C a a C E h T _ ° a a -c' t c a 0 University Center Garage All Sain is cp iscop aI Church - Crockett Texas New Sales Building - Woodson Lumber, Groesbeck, Texas ohnl- C E _p al d a 'a] w L y [L ti 0. w w 15 Vnl_ 3.5 Completed Major Construction Projects Madison Construction, V 't tO \ ° . \� § m < < 2 ® _ CO « n ) . § ( j . )ate Completed Dec 2006 ) / _ , \ , \ . J - May 2005 ® Contract Amount CIS v3 0 V3 C3 Si 8 0 an. CI tra Mr. & Mrs. Wolfe Mary Wolfe 979-776-0033 Martha B Butte/Robert L King Martha Butte 713.621-1892 confidential Adam Development Properties, I P. Steve Christian 979-374-7321 none none confidential Mr- & Mrs. Adam Peggy Von Meter (580) 677-1018 rck W. Cumpton & Associates, In No contact — confidential Texas Hotel Management Co., L.P. Salim Ismail 979-694-2100 ERN Architects No contact $3,000,000 HK5, Inc./Wilson & Adam Development Associates/Naud Burnett & Prnneties. L.P. Mike Harris 979-764-1777 Partners/McClure Engineering Guy Courtney 214-521-6753 confidential American Momentum Bank Rita Lowman 813-549-4710 Gensler Corey Credeur 713-356-1390 confidential BV Imports Building Partners, LTD. John Duncurn 979-776-0404 R.L Payne & Associates, Inc. Robert Payne 979-696-7272 $1,700,000 -_ Architect Contact Neils Jensen -979-779-1500 Arcnitece Deceased MEP Engineer Ray Marshall 381-852A131 NI 01 Thomas Gessner 979-680-8840 Thomas Gessner 979-680-8840 Cuff Wolf 713-963-0930 co { ( O Marshall Engineering Corp Williamson Group Architects $ C. 3 ± j Project Owner Owner Contact tn>rnetrinl Drniertec Cost SLL-6L6 - uasuar s}iaN wd'0N uiego9-luie5 Texas A&M Univ. Mikael Olsen 979-458-0417 Burleson Holdings, LTD Craig glum 979-567-3212 Saint-Gobain NorPro Neils Jensen - 979-779-1SD0 Saint-Gobain NorPro Neils Jensen - 979-779-1500 C ct c \ to cc, at T3 } Saint-Gobain NorPrr I / 37 _ : 9. : Stores Warehouse Renovation _4 New Warehouse & Feed Stoarge for Woodson Lumber Groesbeck NorPro Building r..Lre Almtfnrm ; \ } 2 0 .ce. } z [ \ e . - - — - \ J _ / f / ' o f _ j { ! { - \ re _ ! Ili { \ { ; { E a. k . Uat c f $ vol. IS 3 Pg. t L 3.5 Completed Major Construction Projects Madison Construction, L.P. Steve Christian 979-324-7321 Naud Burnett & Partners Kevin Clark 214-528-9014 confidential Dec 2010 20% Project Owner Owner Contact Architect Architect Contact Contract Amount Date Completed % Performed A 2 _ Garlyn O. Shelton Ed Whittle 254-771-0128 Owner Ed Whittle 254-771-0128 $725,000 May 2006 30% Garlvn O. Shelton Ed Whittle 754-771-0128 Owner I Ed Whittle 254-771-0128 t $128,000 Nov 2005 23% Brazos County Gary Arnold 979-822-2127 Patterson Architects____, Fred Patterson 979-775-6036 $3,000,000 Aug 2008 15% State Corporation Bill Gould 979-696-4600 Ar%tex Studio, Inc. Mike Record 979-260-2635 $2,700,000 June 2005 30% Producers Cooperative Association James Deatherage 979-778-6000 Owner James Deatherage 979-778-6000 $1,600,000 Jan 2006 9% Scotty's House Brazos Valley Child Advocacy Center Nick McGuire 979-220-7623 Nathan Winchester Designs Nathan Winchester 979-823-4039 $1,300,000 Dec 2010 11% Madison Construction/Design Burleson Holdings, LTD Craig Blum 979-567-3212 Build 979-268-5520 $71,000 Aug 7007 54% 7 « $ $ f 0 & { o \ / / 8 ) 8 .O .O Y. $ 0 / \ / \ rv'_ \ Lei<VT reia 74.1 \ } rer / Al .O ( at 0 / 0 f c in Lo § cir \ cn } 2 | , en In , or \ , LI rn ( Corey Credeur 713-3S6-1290 Corey Credeur 713-356-1390 Madison Construction/Design Build Owner Lauth Construction, LLC. C \ a Al Lauth Construction, LLC. e - } F - } / a or \ \ { \ Craig Blunt 979-567-3212 James Deatherage 979-778-6000 on c \ \ \ \ John Greene 317 57.5-9050 James Deatherage 979-778-6000 Steve Christian 979-324-7321 Steve Christian 979-324-7321 § o t ar en _ 5 cn _ I, c 12C- 5.- ) Rurieson Holdines. Li 0 A. Lauth Construction, LLC. Lauth Construction, LLC. Lauth Construction, LLC. Producers Cooperative Association Adam Development Properties L.P. Adam Development Properties L.P. Adam Development Properties, L.P. Garlyn Shelton BMW New Showroom nomndal } -L. di ( � ICI / \ Steta Corp. Phase lit^ r,.,,..aratn,a colas Farility _ k - \ / - k } \ 3 2 IA \ { V - \ } _ : \ § 2 § \ » na { ) E ` az 2 ` } \ \ ( \ 3 E \ § { ) - . § or « Vol 5 3 Pg. �fl 3.5 Completed Major Construction Projects Madison Construction, L.P. [ I \ § 0 G 2 \ n CO Texas Private School Foundation Stephanie Malechek 979-776-1111 SHW Group LLP Gloria Barrera 713-877.0900 $8.300,000 Sep 2008 22% 8150 Larry Blair 979-450-2775 R.L. Payne & Associates, Inc. Robert Payne 979-696-7272 $2,700,000 Jan 2007 B% 8150 Larry Blair 979-450.2725 R.L-Payne & Associates, Inc. Robert Payne 979-696-7272 $2,500,000 Aug 2009 5% Tittle Luther Partnership Abilene Christian University John Duncum 979-776-0404 - Architects Jack Harkin 325-673-8178 51,300,000 - Dec 2007 8% Texas A&M University Mikael Olsen 979-458-0417 Marshall Engineering Corp Ray Marshall 281-852-7131 51,200,000 April 2007 11% Texas Private School Foundation Stephanie Malechek 979-776-1111 - SHW Group LIP Gloria Barriers 713-877-0900 5650,000 Aug 2007 7% SISD Larry Blair 979-450-2725 Patterson Architects Fred Patterson 979-775-6036 5309,000 Aug 2005 35% Grimes St. Joseph Regional Jack W. Cumpton & Associates, tleeith Center Tim Roberts 979-776-3777 Inc. Brett Compton 979-458-7005 5450,000 July 2005 12% Bridgers & Paxton Consulting St Joseph Regional Health Engineers, Inc(Gessner Center Tim Roberts 979-776-3777 Engineering Thomas Lessner 979-6S0-8840 $75,000 March 2009 60% \f 4 § O N f % Date Completed r-4 / at ? ( $ ( < ha Contract Amount \ \ \ \ Architect Contact Kevin Clark 214.528-9014 Kevin Clark 214-528-9014 Dale Browne 979-693-3838 o CO Project Owner Owner Contact Architect _ o ] \ co } Naud Cornett & Partners McClure Engineering Naud Burnett & Partners .15 co J Ed Whittle 254-771-0128 Steve Christian 919-324-7321 No call - Mr. Atkinson EC 1.11 CI L71. 1,3 Steve Christian 979-324-7121 Steve Christian 979-324-7321 j %.?..- Miramont Development, L.P. Mr A Mrs. Atkinson a. k \ Adam Development Prnnerties- L.P. E 0- ,t® :� , kCIZ 1-1 _ } E —1O. co . C \ VI / § / I \< : �§ {\ !7 _ a \ Conflict Resolution Center Stores Warehouse Renovation Allen Academy Building Relocation Fannin Elementary Renovations ] S _ _ { ) } i 3 } | - _ 6o o O.fa 01 ' nspnan nepau w JIM L#IUU =a= Miramont 5treetscapes - 53 Pg 118' 5 Representative Projects Madison Construction, Vo►. 153 pg. 111 m • MADISON CONSTRUCTION, L.P. CONTRACTOR'S FINANCIAL RESOURCES INFORMATION Madison Construction, L.P. Bryan, Texas Attachment: Madison Construction, L.P.'s Unaudited Financial Statement dated September 90, 2010. Notes: 1) Madison's unaudited financial statement is attached. When reviewing these statements, please understand that Madison Construction, L.P. is a wholly owned subsidiary of The Adam Corporation/Group. All cash for Madison Construction, L.P. is managed at the corporate level. 2) Madison's bonding company Sure -Tee does not require audited financial statements of Madison Construction, L.P. for bonding, thus Madison does not have an audited financial statement. 3) I have also attached a letter from Madison's bonding agent AON Risk Services outlining Madison's bonding capacity. Please contact me if you have any questions concerning Madison's financial ability and I will be provide information to answer any questions you may have. Thank you for your consideration for this project. Sincerely, MADISON CONSTRUCTION, L.P. Michael R. Jones President 1540 Briarcrest Drive • Suite 125 • Bryan, Texas 77802 P.O. Box 3787 • Bryan, Texas 77805-3787 FAX 979-268-6022 979-268-5520 Vol. 153 pg._. 18O Madison Construction, L.P. Statement of Financial Conditions (unaudited) As of September 30, 2010 Assets Cash Receivables Net fixed assets Prepaid expense $ 457 4,038,811 12,425 4,914 $ 4,056,607 Liabilities Current liabilities $ 2,139,654 Equity 1,916,953 $ 4,056,607 Vol. IS3 Pg. IS Madison.Construction, L.P. Statement of Operations (unaudited) For the Year Ended September 30, 2010 Sales Cost of goods sold Gross profit Expenses Compensation Occupancy Depreciation Transportation Professional fees Property tax Insurance Other expenses Total expenses Net Income $ 20,863,669 (19,741,306) 1,122,363 206,422 86,987 20,066 1,179 25,899 6,000 41,618 93,642 481,813 $ 640,550 Vol. I53 eg.=d Madison Construction, L.P. Statement of Cash Flows (unaudited) For the Year Ended September 30, 2010 Cash flows from operating activities Net income Adjustments to reconcile income to net cash (used) provided in operating activities: Depreciation and amortization of: Premises and equipment Decrease In receivables Increase other assets Decrease in payables Net cash provided in operating activities Cash flows from financing activities Return of capital/cash dividend Net Cash used in financing activities Decrease in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year $ 640,550 20,066 340,161 (208) (771,647 228,922 (332, 383) (332,383) (103,461) 103,918 $ 457 \fa 15'3 pg. X83 PATTERSON ARCHIT ECTS 707 South Texas Ave '-,,,Bryan, Texas 77803 979 775 6036 August 15, 2011. Mr. Mike Jones Madison Construction 1640 Briarcrest Drive, PO Box 3787 77805 Bryan Texas 77802 Ref: Brazos County Courthouse - Phase TIT PA Project Number: 20104033 Dear Mike: The proposals for the referenced project have been preliminarily reviewed and found to exceed the budget The Owner has therefore elected to negotiate with the two lowest bidders in an attempt to bring the proposals closer to or within budget Please provide a Price Reduction Proposal for the following items: 1. Investigate the bid documents and develop a list of Price Reduction Proposal items (cost saving ideas). Price Reduction Proposal items may be achieved through reductions in scope, changes in materials or assembly, or by closer scrutiny of the bid proposal. Provide a cost reduction amount related to each Price Reduction Proposal item. Price Reduction Proposal items should be no less than $5,000 for each item. 2. Offer a cost reduction proposal for deletion of the following work on the fourth floor. Refer to the Drawings, Sheet A2.6, Detail 1, and Detail 9 (and related X/S/MEP sheets): Aside from the fourth floor structural addition (at the elevator), related curtainwall, related roof, elevator, elevator shaft wall, the masonry wall around Elev. Ctrl. 4502, and door D91, delete all other work on the fourth floor. 3. Offer a cost reduction proposal for deletion of the following work. Refer to the Specifications, Section 012100 - Allowances: a. At Product Allowances, delete $7,500 and associated overhead and profit for Testing Laboratory Services. b. At Product Allowances, delete $15,000 and associated overhead and profit for Testing and Balancing of HVAC. c. At Contingency Allowance, reduce' the contingency allowance $75,000 plus associated overhead and profit. design Jti,r the Price Reduction Proposal Page 2 4. Offer a cost reduction proposal for deletion of the following work on the second floor. Refer to the Drawings, Sheet A6.3, Detail 17 (and related MIIEP sheets): Delete all work related to the gypsum board light wells (two) at the second floor Concourse 2101 ceiling. In place of the light wells provide tegular lay -in ceiling to match new adjacent ceiling. Also provide four (4) lay - in "C type light fixtures in lieu of the "H" fixtures. Route all above ceiling MEP around these areas as if the light wells were being installed. 5. Offer a modification, if available, to your proposed construction schedule (calendar days) to reduce time and general conditions. 6. In addition to your list of Price Reduction Proposal items, submit resumes for the proposed project manager and project superintendent for this project and a detailed list of subcontractors. 7. The Owner requests that representative project examples be with clients or firms other than Brazos County or Patterson Architects. Please review your original proposal package and supplement your list of representative projects so that the Owner has at least five (5) representative projects to review. The contractor's Price Reduction Proposal package, resumes, and subcontractor list shall be delivered to the office of the Architect no later than 1.0:00 A.M., August 26, 2011. After reviewing the package, the Owner will. meet with you and your team at 1:30 P.M., September 1, 2011, Suite 352, Brazos County Administration Building, 200 South Texas Avenue, Bryan, Texas for a one hour review or your qualifications and potential cost saving ideas. Concurrent with this process, the Owner and Architect will be reviewing references and supporting data from the contractor's initial submittal package for evaluation scoring. Should you have any questions, please contact us. Si ncerely, Rick Ravey. Architect ..Pmjecttiameb .Projec2NumbeT.. X53 185 Vol. $. Mike Jones From: Rick Ravey [rick@petarch.com} Sent: Wednesday, August 17, 2011 3:16 PM To: Mike Jones Cc: Fred Patterson Subject: Brazos County Courthouse - Phase 3 - Price Reduction Proposal REVISED Attachments: BCC3 - Price Reduction Proposal - page 2 REVISED.pdf Mike, In reference to the Price Reduction Proposal letter sent to you on 8/16111, an error was made in the interview time. Your interview is at 3:00 PM. Please find revised page two attached for replacement. Rick Ravey Architect Patterson 1 Architects 701 South Texas Ave. Bryan, Texas 77803 979-775-6036 Tel 979-779-0727 Fax CONFIDENTIAL NOTICE. The information contained in this transmission is considered by the sender to be confidential. This material is intended only for use of the recipient named above. If the reader or other recipient of this material is not the intended recipient named above, please notify me and delete this transmission. Michael R. Jones MADISON CONSTRUCTION, L.P. 1640 Briarcrest Drive, Suite 125 Bryan, Texas (979) 266-5520 (979) 268-602.2 Fax m riones@rnadison-construction.com vol. L53 Price Reduction Proposal Page 2 4. Offer a cost reduction proposal for deletion of the following work onthe second floor. Refer to the Drawings, Shot AG.3, Detail 17 (and related. MEP sheets): Delete all work related to the gypsum board light h=ells (two) at the second floor Concourse 2101 ceiling. In place of the light wells provide tegular lay -in ceiling to match new adjacent ceiling. Also provide four (4) lay in "C" type light fixtures in lieu of the "H" fixtures. Route all above ceiling MEP around these areas as if the light wells were being installed, Offer a modification, if available, to your proposed construction schedule (calendar days) to reduce time and general conditions. 6. In addition to your list of Price Reduction Prdposal items, submit resumes for the proposed project Manager and project superintendent for this project and a detailed list of subcontractors. 7. The O ner requests that representative project examples be With:clients or firms Other than Brazos County or Patterson .Architects. Please review your original proposal package and supplement }'our list of representative projects so that the Owner has at least five (5) representative projects to review-_ The :contractor's Price Reduction Proposal package, resumes, and subcontractor list shall be delivered to the office of the Architect no later than 10;00 A_' L, August 26, 2011. After reviewing the package, the Owner Will meet with you and your team at 3:00 P.M., September 1, 2011, Suite 352, Brazos County _\dnzini$traLion Building, 200 South "Texas _Avenue, ' Bryan, Texas for a . one hour review or your qualifications and potential cost saying ideas. Concurrent with this process, the.0wner. and architect will be reviewing references and supporting data from the contractor's initial submittal package for evaluation scoring. Should you have any questions, please contact us. Sincerely, Rick Ravey Architect. vol. 153 pg. lE Mike Jones From: Sent: To: Cc: Subject: Rick Ravey [rick@patarch.com] Wednesday, August 24, 2011 5:25 PM Mark Dudley; Mike Jones Fred Patterson; Charles Wendt; Gary Arnold; Paul Swoboda; Gary Jester Brazos County Courthouse 3 - Additional Cost Reduction Items Dear Bidders, In effort to reduce the construction costs, the Owner and Architect have identified additional items for cost reduction consideration, In your Cost Reduction Proposal please provide a cost proposal reflecting the following specific items. The sheets and details referenced below are of the main location of the deleted/modified item and is not intended to be all inclusive. There may be other drawings and/or incidental details on other sheets where the work is also indicated and affected. When an item is deleted or modified the intent is for the remaining or affected systems to be fully functional. 1. Refer to the Electrical Drawings, Sheet E1.1, Detail A: Delete the new emergency generator, related new switchgear, and concrete pad. Existing generator to remain in use. All connections to EM panels shall be installed per the drawings. Existing transfer switch shall remain. All connection shown to the new transfer switch shall be extended to the existing switch. 2. Refer to the Electrical Drawings, Sheet E1.1, Detail A: Delete four 2" PVC conduits from first floor I.T. Room 1501 to outside power pole. Also deleted is the cost of trenching, boring, concrete slab demo, and new replacement concrete. 3. Refer to the Mechanical Drawings, Sheet M1.2, Detail 4: At I.T. 1501 delete backup air handler AHU-1-9, condenser COND-1-9, associated thermostat, electric service, concrete housekeeping pad, and condensate lines. New construction shall leave space for unit to be installed at a later date. 4. Refer to Mechanical Drawings, Sheet M0.2, Detail A: Delete fire sprinkler heads and lines in all basement areas other than Mechanical 008, Elevator#3, Lobby 201, Corridor 202A, Corridor 202B, Corridor 2020, Lobby 205, and Elevator #4. Trunk lines may be run through other basement space, Size main lines and provide all tees (capped) necessary for future extension of lines and heads in balance of basement areas. Do not delete any other component necessary for full function of the sprinkler system. 5. Refer to the Plumbing Drawings, Sheet P0.1, Detail A: Delete replacement of domestic water heaters and circulation pump. Modify transom vent over door O06 to accommodate existing flue pipe. 6. Refer to the Mechanical Drawings, Sheet M1.2, Detail A: Delete provisions, changes, and equipment involved in the new cooling tower noted as Alternate 3. The existing cooling tower will remain in use at its present roof top location. Relocate water pipes at the second and fourth floor to be within Chase 2403 and Chase 4506. Included in this proposal item is deletion of the following: All peripheral work related to the ground location of the cooling tower including demolition of the existing red brick mechanical enclosures, concrete slabs around the new cooling tower/generator, new fence around cooling tower/generator yard, and new fence around dumpster. Also delete new structural concrete slab, footings, and housekeeping pads indicated on the structural drawings related to the cooling tower and generator. The generator will still require a new 4" (min.) concrete housekeeping pad over the existing paving (see item #1 above). 7. Refer to the Mechanical Drawings, Sheet M4.1, Detail G; Sheet M4.2, Detail A; and Sheet AD1.04 of Addendum TWO: New cooling tower is installed per the drawings. Do not demolish the existing cooling tower but rather abandoned -in -place. Also abandoned -in -place is the rooftop concrete slab and new roofing around the existing cooling tower, as indicated on sheet A01.0A of Addendum ONE. Piping associated with the abandoned cooling tower shall be removed and roof penetrations repaired. New exhaust fan EF5-A shall be set on a new curb/roof opening in the new roof above Holding Cell 4505. Michael R. Jones MADISON CONSTRUCTION, LP. 1640 Briarcrest Drive, Suite 125 Bryan, Texas (979) 268-5520 (979) 268-6022 Fax mriones@madison-construction.com vol. 1 S3 pg. 1 gg It you have any question, please contact me. Rick Ravey Architect Patterson I Architects 701 South Texas Ave. Bryan, Texas 77803 979-775-6036 Tel 979-779-0727 Fax CONFIDENTIAL NOTICE: The information contained in this transmission is considered by the sender to be confidential. This material is Intended only for use of the recipient named above. If the reader or other recipient of this material Is not the intended recipient named above, please notify me and delete this transmission: Michael R. )ones MADISON CONSTRUCTION, L.P. 1640 Briarcrest Drive, Suite 125 Bryan, Texas (979)268-5520 (979) 268-6022 Fax mrionesC rnadison-construction. com Vol. 3Pg. g Mike Jones From: Rick Ravey [rick@patarch.com] Sent: Tuesday, August 30, 2011 3:20 PM To: Mike Jones Cc: Charles Wendt; Fred Patterson; Gary Arnold Subject: Brazos County Courthouse 3 - Cost Reduction Negotiations 09-01-11 Attachments: Mod Cooling Tower Support.pdf Mr. Mike Jones, The Cost Reduction Negotiation meeting is scheduled for 3:00 PM, Thursday, September 1, 2011, at Suite 352 of the Brazos County Administration Building, 200 South Texas Avenue, Bryan, Texas. The County has requested that Madison Construction be represented by the estimator, project superintendent, and yourself. In addition, please bring a cost proposal for the following items so your total package can be compared to that of other bidders. Mike, I am aware, and have in my possession, your proposals for items #1 & #2 so there is no need of resubmitting those numbers. I am sending the same letter to both bidders in the negotiations: 1) Provide a credit amount for the deletion of upgrades to elevator #3. The specified security control changes to elevator #3 remain in the contract. 2) Provide a credit amount for the deletion of salvaging the existing exterior travertine panels at the south side of elevator #4 addition. Panels will be left in place and only removed (and supported above) at wall openings. 3) Provide a credit proposal for deleting the structural foundation and providing a concrete slab on fill at the outside Mechanical Yard as hereafter described: A) The new cooling tower and generator remain in the contract): At the grade level mechanical yard and all slab areas below the generator and cooling tower (approximately 2,067 SF), B) Demolish all of the existing concrete slab/floor/beams in this area including all building walls of the existing mechanical enclosure and the surrounding brick screen walls. Include demolition of all concrete beams and footings (to 36" below grade) related to the mechanical enclosure walls and screen walls. C) Remove 24" of existing earth fill and replace with select fill having a plasticity index of 15 or less. Place select fill in lifts of 8" or less and compact to 90% modified proctor. D) Delete references to new drilled pier footings, new concrete slabs, and new concrete beams indicated on sheets A1.2 and S2.4 of the drawings. In place, provide a 6" thick, 3000 PSI, concrete slab with #5 @ 12" a.c.e.w. 3" from bottom. Slab shall meet, and be dowelled to, the existing sidewalk and drive paving as indicated at detail 17/A1.2. Slab shall be sloped at 1:48 to the west for drainage. E) Atop general slab, add 4" thick (min.) concrete housekeeping pads with #4 @ 12" o.c.e.w. and dead level tops. Pads shall be 6" larger on each side than the installed equipment. F) Extend metal screen wall fence approximately 61 LF along line of demolished brick screen wall. G) Below the cooling tower assembly provide a bearn/channel support assembly with all bolted connections. The beam/channel support assembly will form a rectangle approximately 17'-5" x 13'-9.5" and shall consist of two (2) W8x28 beams (17'-5" long each with four 7/8" holes pre -punched before galvanizing) and two (2) MC6x12 13'-9.5" long channels. Each beam shall have two web plates for bolting (2 ea. 3/4") to a hot dip galvanized MC6x12. All beams, plates, and bolts shall be hot dip galvanized after fabrication. Each WF beam shall be set on three (3) 8" x 8" teflon bearing pads, one center and at each end. (see attached sketch). H) Items remaining in contract at the mechanical yard area, as indicated on the original bid drawings include the steel fence (+ addition), gate, guard posts, dowelled expansion joints, irrigation control box, Motzbiock bulkhead repairs, new cooling tower & related mechanical/electrical lines, new generator & related electrical lines. 4) Provide any final credit amount(s) for a "final and best price". If you have any questions, please contact me. Rick Ravey Architect Michael R. Jones MADISON CONSTRUCTION, LP. 1640 Briarcrest Drive, Suite 125 Bryan, Texas (979) 268-5520 (979) 268-6022 Fax mrlones@rnadison-construction.com 153 pg. 19- D X7O11. Vol. 63 pg. Lott Patterson I Architects 701 South Texas Ave. Bryan, Texas 77803 979-775-6036 Tel 979-779-0727 Fax CONFIDENTIAL NOTICE: The information contained in this transmissicn is considered by the sender to be confidential. This material is intended only for use of the recipient named above, lithe reader Of other recipient of this material Is not the intended recipient named above, please notify me and delete this transmission. Michael R. Jones MADISON CONSTRUCTION, L.P. 1640 Sriarcrest Drive, Suite 125 Bryan, Texas (979) 268-5520 (979) 268-6022 Fax mriones@madison-construction.com vol. S3 Pg. Mike Jones From: Sent: To: Cc: Subject: Rick Ravey [rick@patarch.comj Wednesday, August 31, 2011 12:02 PM Mark Dudley; Mike Jones Charles Wendt; Gary Arnold; Gary Jester; Fred Patterson Brazos County Courthouse 3 - X bracing at column lines P8 & P10 Gentlemen, Refer to sheet S5.6 of the drawings. Delete work indicated for new X -bracing between column lines P8 and P10 at all floors. This work will be performed under a later contract. Please provide a credit proposal at the interview on Thursday, 1 September 2011. Note that the X -bracing between column lines P15 and P17 remains in the scope of work. Rick Ravey Architect Patterson i Architects 701 South Texas Ave. Bryan, Texas 77803 979-775-6036 Tel 979-779-0727 Fax CONFIDENTIAL NOTICE The information contained in this transmission is considered by the sender to be confidential. This material is intended only for use of the recipient named above. If the reader or other recipient of this material is not the intended recipient named above, please notify me and delete this transmission. Michael R. Jones MADISON CONS I RUCTION, L.P, 1640 Briarcrest Drive, Suite 125 Bryan, Texas (979) 268-5520 (979) 268-6022 Fax mrionesl madison-construction.com vol. 6 3 pg. ci 3 Mike Jones From: Rick Ravey [rick@patarch.com] Sent: Friday, September 02, 2011 2:00 PM To: Mike Jones Cc: Charles Wendt; Gary Arnold; Fred Patterson Subject: BCC3 - Spreadsheet of bids & deducts for bidder's final review Attachments: BCC3 - Reductions 09-01-11 MADISON.pdf Mike, Please find the attached spreadsheet listing your bid, bid alternates, and cost reduction proposals. Brazos County has reviewed all proposals and is prepared to accept the base bids, all of the bid alternates, as well as certain cost reduction proposals. Cost reduction proposals selected by the Owner are indicated in the "taken" column. Because of the number and interrelational complexity of available cost reduction proposals, the bidders are offered a final review of the Owner's selections and the opportunity to make any adjustments necessary to accommodate the selected mix. The bidder shall review this spreadsheet and submit in writing their concurrence or changes to the amounts indicated therein. Such submittal shall be considered the bidder's best and final offer and shall be delivered to the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Avenue, Bryan, Texas by noon (12:00 PM), Tuesday, September 6, 2011 Rick Ravey Architect Patterson I Architects 701 South Texas Ave. Bryan, Texas 77803 979-775-6036 Tel 979-779-0727 Fax CONFIDENTIAL NOTICE: The information contained In this transmission is considered by the sender to be confidential. This material is intended only for use of the recipient named above. If the reader or other recipient of this material is not the intended recipient named above, please notify me and delete this transmission, Michael R. Jones MADISON CONS t RUCTION, L.P. 1640 Briarcrest Drive, Suite 125 Bryan, Texas (979) 268-5520 (979) 268-6022 Fax mrionesilmadison-construction. com vol. i63 Pg. t o `� \„=vs a O C Fa ;n ,45 c, o a a 0 lb .t .-. (32,000)1 (32,000)1 o 00.07 o N a; .-f , -^ 0 O N C 'n c.. O T©TAL 38 1 410II ' a: :;000000 ,N p Ca O O o O O v7 `i C7 CD O O SS N O C' O 00 0 Nit O to M 00 CD '+1 v .. d o o N 0 0 O rn O 0 0 ,3' o �' 4. 0 0 0 C7 i'emu ' •.�Ai;�i st� t . eerC70oC7OoCD0 ,, u!1 �1 _4 a� CCOO COv1000C)lfl O O en O N d' 4 N N C 'Cr N C r - CC N d' h m.+ 0 -000C) . CD -C':trO N ' VI CS O %-' VI V1 �' O N 000 O M O ,J c. 0 V- w C `-' 000 00 rava iD O o 0000000 Om v�.-,v)v)\.OovP�;ca N M C: ....,,..� CJo kU r: vloOO r .� v1 N a.. Delete new emergency generator + assoc. equip. Delete 4 PVC conduits Delete backup I.T. AC Delete sprinkler heads in basement Delete new domestic WH Delete new cooling tower - keep existing I Abandon existing cooling tower in place Delete upgrades to elevator #3 (not with line 17) II Delete removal & salvage of exist. travertine panels Credit for alternate fdn/paving at mechanical yard II 'Final voluntary credit (if any) 31 -Aug -11 134 I 1 (Delete X -bracing at column lines P8-P1O Negotiation meeting with bidders �4y !• i SM 3 7 Initial Base Bid Alt #1 - Ceiling {a 1st Floor Concourse Alt #2 - Repair Storefront @ Exit Alt #3 - Mechanical yard & cooling tower Alt #4 - Sidewalks 0 V o ttn In cn O U Q f 4 Alt #6 - Ceiling @ 2nd Floor Concourse Total Initial Bid including all alternates 9 1 * 1Self directed reductions see * for list 10 2 1Delete all detention work on 4th floor 11 3 I Decrease allowances Lab, T&B, Contingency 12 4 Delete second floor teature light box ceilings 13 5 Construction time / related costs 14 6 List of subs and resumes of project manger 15 7 List of similar projects - not PA/BC 16 not used 17 M1 * Voluntary credit for Elev. #3 work (not with line 30) II 18 M2 * Delete-reno�€-Elev #3 (updated $ at line 30) II 19 M3 * Voluntary credit for masonry on 3rd floor 20 M4 * 1Delete travertine panel salvage (updated $ at line 31)11 21 M5 * Aluminum electric feeders in lieu of copper 22 I M6 * Deduct from Bid Alt.#3 - set new cool'g twr on roof I N m v ,Z) [ tau t3_.r' Z' ..N ; 1.1,a1.144 O on .- en N mm envl MMM ,,,o M NNNNNNN V' Mt vU t- 00 C. Nj 7" ^rNM•7v��DC�oo Vol. Pg. 115 • MADiSON CONSTRUCTION, L.P. August 26, 2011 Proposal Evaluation Committee BRAZOS COUNTY 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 Ladies and Gentlemen, I have attached a copy of a "Price Reduction Proposal" far the Brazos County Courthouse, Phase III project for your information. This proposal has also been forwarded to Patterson Architects. It includes cost savings options requested by Patterson Architects and some voluntary alternates by Madison Construction, L.P. I understand that these revisions will be used to determine the most advantageous proposal for Brazos County. I understand and appreciate the work the committee has gone through on this project, and the purpose of this letter is to thank you and Brazos County for considering Madison Construction, L.P. Thank you also for past project awards on previous Brazos County Projects. Sincerely, MADISON CONSTRUCTION, L.P. Michael R. Jones President 1640 Briarcrest Drive • Suite 125 • Bryan, Texas 77802 P.O. Box 3787 • Bryan, Texas 77805-3787 FAX 979-268-6022 979-268-5440 Vol. 5 pg. 16 August 26, 2011 Brazos County Courthouse Phase III PA Project Number: 2010-1033 PRICE REDUCTION PROPOSAL From Letter Dated August 15, 2011 from Rick Ravey, Architect Patterson Architects to Mike Jones, Madison Construction, L.P. Item No. 2 — Delete Work on the 4th floor except for the structural steel, elevator, related curtainwall, related roof, elevator shaft wall, masonry around the elevator and door D91. This items deletes all other work on the 4th floor Total Deduct $131,700 Item No. 3 — Reduce Allowances from Section 01 21 00 of the Specifications a. Product Allowance —Testing Laboratory Services 1. Total Deduct $7,750 b. Product Allowance —Testing and Balancing of HVAC 1. Total Deduct $15,500 c. Contingency Allowance — Contingency Allowance 1. Total Deduct $77,500 Item No. 4 — Delete all Work related to the gypsum board light wells (two) at the second floor Concourse 2101 ceiling. in place of the light wells provide tegular lay -in ceiling to match new adjacent ceiling. Also provide four (4) lay -in type "C" type light fixtures in lieu of the "H" fixtures. Route all above ceiling MEP around these areas as if the light wells were being installed. Total Deduct $5,450 Item No. 5 - Modification to proposed construction schedule Total Deduct XX days Total Deduct $$ From e-mail of August 24, 2011 from Rick Ravey of Patterson Architects to Mike Jones: Item No. 1— Delete the new emergency generator, related switchgear, and concrete pad. Existing generator to remain in use. All connections to EM panels shall be installed per the drawings. Existing transfer switch shall remain. All connection to the new transfer switch shall be extended to the existing switch. Total Deduct $37,500 Vol. 153 pg. PRICE REDUCTION PROPOSAL (continued) MADISON CONSTRUCTION, L.P. August 26, 2011 Page 2 Item No. 2 —Delete four (4) 2" diameter conduits from first floor I.T. Room 1501 to outside power pole. Also deleted is the cost of trenching, boring, concrete slab demo, and new replacement concrete. Total Deduct $7,130 Item No. 3 - At I.T. 1501 delete backup air handler AHU 1-9, condenser COND 1-9, associated thermostat, electric service, concrete housekeeping pad, and condensate lines. New construction shall leave space for unit to be installed at a later date. Total Deduct $6,500 Item No. 4 — Delete fire sprinkler heads and lines in all basement areas other than Mechanical 008, Elevator #3, Lobby 201, Corridor 202A, Corridor 202B, Corridor 202C, Lobby 205, and Elevator #4. Trunk lines may be run through other basement space. Size main lines and provide all tees (capped) necessary for future extension of lines and heads in balance of basement areas. Do not delete any other component necessary for full function of the sprinkler system. Total Deduct $7,500 item No. 5 — Delete replacement of domestic water heaters and circulation pump. Modify transom vent over door D06 to accommodate existing flue pipe. Total Deduct $4,650 Item No. 6 — Delete provisions, changes, and equipment involved in the new cooling tower noted as Alternate 3. The existing cooling tower will remain in use at its present roof top location. Relocate water pipes at the second and fourth floor to be within Chase 2403 and Chase 4506. Included in this proposal item is deletion of the following: all peripheral work related the ground location of the Cooling tower including demolition of the existing red brick mechanical enclosures, concrete slabs around the new cooling tower/generator, new fence around cooling tower/generator yard, and new fence around dumpster. Also delete new structural concrete slab, footings, and housekeeping pads indicated on the structural drawings related to the cooling tower and generator. The generator will still require a new 4" (min.) concrete housekeeping pad over the existing paving (see Item #1 above). Total Deduct $265,000 Item No. 7 — New cooling tower is installed per the drawings. Do not demolish the existing cooing tower is installed per the drawings. Do not demolish the existing cooling tower but rather abandoned -in -place. Also abandoned -in -place is the rooftop concrete slab and new roofing around the existing cooling tower, as indicated on sheet A01.OA of Addendum One. Piping associated with the abandoned cooling tower shall be removed and roof penetrations repaired. New exhaust fan EF-5A shall be set on a new curb/roof opening in the new roof above Holding Cell 4505. Total Deduct $4,600 Vol. 1, 5 3 pg. PRICE REDUCTION PROPOSAL (continued) MADISON CONSTRUCTION, L.P. August 26, 2011 Page 3 Madison Construction, L.P. —Voluntary Options Option No. 1— Credit Elevator Three (3) Renovation from Kane Total Deduct $10,30O Option No. 2 — Delete Renovation of Elevator Three (3) (Cannot take with Option No. 1) Total Deduct $144,700 Option No. 3 Delete Top Out of Masonry on Third Floor Total Deduct $9,640 Option No. 4 — Delete Remove and Salvage Travertine Marble (Existing Material to remain on building). Total Deduct $32,000 Option No. 5 — Utilize Aluminum Feeder in lieu of Copper Total Deduct $6,200 Option No. 6 — Deduct from Alternate No. 3 - Relocation of Cooling Tower (new cooling tower to be located on the roof of the building instead of on the ground). Total Deduct $100,600 Vol. I�,3 pg. CO Ell WY" MADISON CONSTRUCTION, L.P. September 1, 2011 Mr. Rick Ravey PATTERSON ARCHITECTS 701 South Texas Avenue Bryan, Texas 77803 Dear Mr. Ravey, I have attached the latest requests from your E -mails of August 30, 2011 and August 31, 2011 entitled "PRICE REDUCTION PROPOSAL 2" dated September 01, 2011. There are also other items included that Madison left off the Price Reduction Proposal dated August 26th Please carefully review this Price Reduction Proposal 2 with the original Price Reduction Proposal. As before, in some cases if two options are accepted concerning the same work, an item of work may be deducted twice. We would like to review the reductions being considered to make sure this does not happen. Please let us know if you have any questions. Madison would love to complete this additional project if our proposal is acceptable. Sincerely, MADISON CONSTRUCTION, L.P. Michael R. Jones President 1640 Briarcrest Drive • Suite 125 • Bryan, Texas 77802 P.O. Box 3787 • Bryan, Texas 77805-3787 FAX 979-268-6022 979-268-552C) 5� Pg. boa ry' MADISON CONSTRUCTION, L.P. September 01, 2011 Brazos County Courthouse Phase Ill PA Project Number: 2010-1033 PRICE REDUCTION PROPOSAL 2 From E-mail Dated August 30, 2011 from Rick Ravey, Architect Patterson Architects to Mike Jones, Madison Construction, L.P. Item No. 1 Provide Credit Amount for the Deletion of upgrades to Elevator #3 need designer confirmation. (This credit replaces the Voluntary Option #2 of Price Reduction Proposal dated August 26, 2011), Total Deduct $146,000 Item No. 2 — Credit Amount for Deletion of Salvaging the Existing Exterior Travertine Panels at the south side of Elevator #4 Addition. Total Deduct $ 32,000 Item No. 3 — Deduct from Alternate No. 3 — Delete the structural foundation and add a concrete slab on fill. Total Deduct $ 19,700 Item No. 4 - Additional Deduct for Electrical and Detention doors that was unavailable at the time of the original Price Reduction Proposal. Total Deduct $ 20,700 (Total deduct for 4th floor will now be $152,400). From e-mail of August 31, 2011 from Rick Ravey of Patterson Architects to Mike Jones: Only Item — Delete the X -Bracing between columns P8 and P10 — Reference Sheet SS.6 Total Deduct $ 9,500 From Price Reduction Proposal dated August 26, 2011 from Madison Construction, L.P. The numbers were not included for Item No, 5 from Letter Dated August 15, 2011 from Rick Ravey, Architect, Patterson Architects to Mike Jones Madison Construction, L.P. The numbers for these items are below: Total Deduct days 20 days Total Deduct dollars $21,000 1640 Briarcresi Drive • Suite 125 • Bryan, Texas 77802 P.O. Box 3787 • Bryon, Texas 77805-3787 FAX 979-268-6022 979-268-5520 vol. i53 Pg.20 1 m MADISON CONSTRUCTION, L.P. September 6, 2011 Proposal Evaluation Committee BRAZOS COUNTY 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 Ladies and Gentlemen, This letter will serve as Price Reduction Package No. 3 for the Brazos County Courthouse, Phase III project. Madison Construction, L.P. offers a reduction of $18,200 to the proposed contract amount as noted in Rick Ravey with Patterson Architects e-mail sent on Friday September 2, 2011. This makes the final total on Mr. Ravey's Cost Reduction Worksheet, $3,903, 210. I understand and appreciate the work the committee has gone through on this project, and the purpose of this letter is to thank you and Brazos County for considering Madison Construction, L.P. Thank you also for past project awards on previous Brazos County Projects. Sincerely, MADISON CONSTRUCT N, L.P. Michael R. Jones President 1640 Briarcrest Drive • Suite 125 • Bryan, Texas 77802 P.O. Box 3787 • Bryan, Texas 77805-3787 FAX 979-268.6022 979-268-5520 Vol. e 3 Pg. -o i O" � OOOOOOOO O C000000ox C '.r ni 0 N C7 C' C7 O x O Cr. C7 C VD In C7 C) C? 'r VD M * QOaO O " C7OO OOOO OOCOCOG7 O C u OOOO a c. N CD CD Q O ON N cn rn cri i. O a O 0 tn., OOOO4OOO' C O C 00 O C7 N O 0 C7 0 O 0 O x CR M% 0000 O Or .-, �.� V l N — O O COO C O OO OO O'S' C? 0 ,-, 0 O a m 000 on O t!'1 .. OOO S CC 0 Cn - 4,035,500 1 4,035,500 1E * I rn C r". CC Cl, x C N cn 0 • fit.;+ .. C CD 0 OC)InOtCOO C O t+i C' 0 N N CD 0 CD 0 O N C7 0 N N. CD 0 triN ['� C7 O '�.. ct' C7 O C �t C O N �,, C CD C C ._. C 0 0 0 p (0c l `L) 0 (oos`L£) to t 0 0 0 CCD CD C O N Mn C C Cn ,--i C7 o 0 CA +'. , } •m t�i.:Q - N C? OCOCDCCC o O. aN O C N C V7 'Kt' O O O [�Ni�d C O N O O N O a N .-. CV, 'd' N �� i-nl C�- a r-. d- v1 II (zlA61 O a M CC .--, .. C7 CD 'C o ,,,,. O a N '0 •-.. OO ..O O O 0 CDC `D v 0 4n t-- 0 l0 Ct 0 'C O t!) V N 0 C' )C dt C7 O'CC vs O N M '� 40 N O . .-. a C>1 a S' O CV 00 .� Alt #1 - Ceiling @ 1st Floor Concourse _ Alt #2 - Repair Storefront @ Exit _ Alt #3 - Mechanical yard & cooling tower Alt #4 - Sidewalks Alt #5 - Access/security control List of subs and resumes of project manger List of similar •ro'ects - not PA/BC Different HVAC controls manufacturer - Voluntary credit for Elev. #3 work (not with line 30) - Delete-renev of Ele #3 (updated $ at line 30) - Voluntary credit for masonry on 3rd floor - Delete -travertine panel salvage (updated $ at line 31) Aluminum electric feeders in lieu of copper • Delete sprinkler heads in basement �k Delete new cooling tower - keep existing if Abandon existing cooling tower in place ;Delete upgrades to elevator #3 (not with line 17) 11 IDelete removal & salvage of exist. travertine panels Credit for alternate fdn/paving at mechanical yard II Final voluntary credit (if any) I t ;Delete X -bracing at column lines P8 -P10 Ne otiation meeting with bidders g Final voluntary deduction y 3 1 t r Ck. co � 3 J 1 .•✓ R i f o f ;Initial Base Bid 1' Alt #6 - Ceiling A 2nd Floor Concourse ITotal Initial Bid including all alternates !Self directed reductions see * for list 'Delete all detention work on 4th floor U 0 . C 03 H 4cc a C, 0 b !Delete second floor teature light box ceilings Construction time / related costs ;Deduct from Bid Alt.#3 - set new cool'g twr on roof Delete new emergency generator + assoc. equip. 'Delete 4 PVC conduits . CC it) i CC fn a: a: C: r•+ O .: mt - t x.` y• .ai.n * .-. N c+l d' VI .t? ['� .} �. *. CV of M * d * 4n * )D ,' N Cn d' v; 4p t`' i ) 'C M M N M CO M Li .: a%t ` •• N M V' V1 �D 2� 00 O .-. r -. ,-r N , -. M r. d' , -, h .-•. va .--. r .-• 00 .--i G`• ,.. O N •-,0.4 N N M d' to 4p N N N N F. 0O N N c N rfl V en M cn �i � aiAd ON `5 4n.-, d N(,,, Q vol. t 53 P� x.0.3 -AIA Document A201TM -- 2007 General Conditions of the Contract for Construction Init. for the following PROJECT: (Name and location or address) Renovations to an Existing Brazos County Courthouse Phase III 300 E. 26th Street Bryan, TX 77803 THE OWNER: (Name, legal status and address) County of Brazos, Texas (Attention: Brazos County Judge) 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 THE ARCHITECT: (Name, legal status and address) Patterson Architects 701 South Texas Avenue Bryan, TX 77803 TABLE OF ARTICLES 1 2 3 4 5 6 7 l8 9 10 11 12 1 13 14 15 GENERAL PROVISIONS OWNER CONTRACTOR ARCHITECT SUBCONTRACTORS CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS CHANGES IN THE WORK DEFINITIONS PAYMENTS AND COMPLETION PROTECTION OF PERSONS AND PROPERTY INSURANCE AND BONDS UNCOVERING AND CORRECTION OF WORK MISCELLANEOUS TERMINATION OR SUSPENSION OF THE CONTRACT CLAIMS AND INITIAL DECISION MAKER 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 line 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 AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201T" - 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 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 AMA software at 14:51:46 on 11/04/2011 under Order No.6798208821 1 which expires on 09/19/2012, and is not for resale. (1346725962) User Notes pa. lJn 16 GOVERNMENT CONTRACTING POLICIES 17 STANDARDS Init. AIA Document A201 T" - 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 AIA5 Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 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 maximum extent possible under the law. This document was produced by ALA software at 14:51:46 on 11104/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. User Notes: �� (1346725962) 5 ng•J Vol. -- Init. INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9,3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3,1, 9.5.1, 10.2.5, 10.2.8, 13:4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1,2.2.2,2.4,3.1.3,3.10.2,3.12.8,3,12.9,3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2,4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13,5.2,142,14.2.4,15.1.3,15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4.1,11.3.1.1,12.2.1,13.5.2,13.5.3,142.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4,2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9,2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15,2 Architect's Relationship with Subcontractors 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5,1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7,11.3.9,11.3.10,13.1.1,15.2.5,152.6.1,15.3.1, 15.3.2, 15.4,1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 3.7.1 MA Document A201 T'" - 2007. Copyright K7 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 AlAa Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51'46 on 11/04/2011 under Order No.6796208821_1 which expires on 09/19/2012, and is not resale, tyL e / User Notes: r(6 2 �p (1348725962) Vol. 3 Init. Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.1 1.1, 3,12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3,2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.L2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1,3.11,3.15,42.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, Compliance with Laws 1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1,3.10,5.2,6.1,11,1.3,11.3.6,11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3,1, 6.1.2 13.7 A1A Document A201'"` — 2007. Copyright 091911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 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 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:46 on 11/04/2011 under Order No.6798268821 1 which expires on 09/19/2012, and is not for resale. (1346725962) User Notes: Vol. I �3 Pg. 6 4 init. Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.52 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5,3.14.2,4.2.4,6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3,1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2,7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2..4.1,32.4,3.7.3, 3.8.2, 3.152,5.42,6.1.1,6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9,9.1, 13.5.2,14.2.2,14.2.4,15.1,15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6,6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12,2, 3.12.3, 4.1.1, 15.1.1,5.1,6.1.2,72.1,7.3.1,8.1,9.1,9.8.1 Delays and Extensions of Time 3.2,3.7.4,52.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 102, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13.1,3.15.1, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.33,9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 AIA Document A201T" — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1970, 1976, 19877, 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 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 14:51:46 on 11/0412011 under Order No.6798208821_1 which expires on 09/1912012, and is not for resale. User b3 PgNotes: Q (1346725962) Vol. g• �j 5 Init. Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1,9.9.1,10.2,10.3,122,14.2,14.3.1,15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, I1.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4.1 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1,2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15,1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3,2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 AIA 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 reserved. WARNING: This AID® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe 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 14:51:46 on 11/04/2011 under Order No.6798208821,r1 which expires on 0911912012, and is not for resale User Notes: . (1346725962) 6 Init. Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4,1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1,3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1,10.15,10.3.6,15.2.1,15.2.5,152.6,15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1,1.1.2,3.11,4.1.2,42.1,5,2.3,7,8.3.1,9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3.1,2.4.1,35,4.2.6,6.2.4,9.5.1,9.8.2,9.9,3,9.10,4, 12.2.1 Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1,3,7.2,3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3,1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1,2.3,3.9.2,7,8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.92, 9.10.3, 10.3.3, 112, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9,9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.63,9.7,9.8.5,9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 AlA Document A201"1 - 2007. Copyright n 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 AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 maximum extent possible under the law. This document was produced byAlA software at 14:51:48 on 11/04/2011 under Order No.6798208821 _1 which expires on 09/19/2012, and is not for resale. cg -1 (1346725962) User Notes: Vol. 53 pg. 7 Init. Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15,1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases, and Waivers of Liens 9.10.2 Representations 3.2.1,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1,3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10,2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4,3.12.5,3.14.2,4.2.4,42.7,6,8.3.1,12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 AlA Document A201TM — 2007. Copyright 91911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ate Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 14:51:46 on 11/04/2011 under Order No.6798208821_1 which ewes on 09/19/2012, and is not for resale. UNotes: 15.3 pg. User NNotes_ V r (1346725962) Substantial Completion 4.2.9, 811, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5,2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2. 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10,3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4,2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9,9.2, 9.10.1, 10.3.2, 11.4.1.1, 122.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3,2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9,2,9.3.1,9.3.3,9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9,10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.29, 9.3.3, 9.8,4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1,1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3,14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15,4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3,12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1,2.3,3.9,7, 8.2.2, 12.1, 12.2, 13.5.2, 14,3.1, 15.1.2 AIA Document A201`" — 2007. Copyright el 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 AMA software at 14'51.46 on 11/0412011 under Order No.6798208821_1 which expires on 09/19)2012, and is not for resale. �► (1346725962) User Notes: Vol. 15 3 Pg. 9 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 A101-2007, as modified by the Owner (hereinafter referred to in the Contract Documents as the "Agreement"), General Conditions of the Contract for Construction, AIA Document A201-2007, 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, 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 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 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 Phase III, Bryan, Texas, and include the following: Init. DRAWINGS Architectural AO.1 General Information A0.2 TAS Guidelines A0.3 TAS Guidelines Ai.I Site Plan Alternate #4 A1.2 Mech. Yard Alternate #3 A2.1 Demo Plan BSMT. & FLR. 1 A2.2 Demo Plan FLR. 2-4 & Roof A2.3 Basement Floor Plan A2.4 151 Floor Plan A2.5 2nd & 3`d Floor Plan A2.6 4`s & Roof Floor Plan A3.1 Schedules A3.2 Door Details A3.3 Door & WDW. Details A3.4 Door Details A4.1 Partition Types A4.2 Sections & Plan Details A4.3 Curtain Wall Sections A4.4 Elevator Sections A5.1 Enlarged Plans A5.2 Interior Elevations A6.1 Badsenlent 4,1'1 Floor RCP A6.2 2" 3 & 4d` Floor RCP A6.3 CLG. Details Alternate #6 Structural SO.0 Structural Notes 50.1 Structural Notes S0.2 Special Inspections 52.1 Basement Floor Plan S2.2 1" Floor Plan S2.3 2", 3'4`h & Roof Framing Plans S2.4 Mech Enclosure Foundation Plan S2.5 Foundation Details S3.1 TYP. Foundation Details S3.2 Typical Framing Details S4.1 Foundation Details S4.2 Foundation Details S4.3 Foundation Details S4.4 Foundation Details S5. I Framing Details S5.2 Framing Details S5.3 Framing Details S5.4 Framing Details S5.5 Framing Details S5.6 Windframe S5.7 Windframe Details S5.8 Windframe Details Electrical EO.I Basement Security Elect. Plan EL1 Fist FLR Security Electrical Plan E2.1 2" Floor Electrical Plan E4.1 4th Floor Security Elect. E5.1 Electrical Riser Demo Diagram E5.2 Electrical Riser Diagram E5.3 Electrical Panel Schedules 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6124/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/11 6/24/1 7/18/I I 7/18/11 7/18/11 7/18/11 7/18/11 7/18/11 7/18/11 7/18/11 7/18/11 7118/11 7/18/11 7/18/11 7/18/11 7/18/11 7/18/11 7118/11 7!18/11 7/18/11 7/18/11 7/18/11 7/18/11 7118/11 6124/11 6/24/11 6/24/11 6/24/11 6/24/11 6/241I1 6/24/1 I AIA Document A201' - 2007. Copyright © 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe 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 byAlA software at 14:51:46 on 11/04/2011 under Order No.5798208821_1 which expires User No09/19tes: and is not for resale. Vol. ( ^�3 pg. �� Notes: V 1 q J r (1346725962) Mechanical M0.1 Basement Mech Demo Plan 6/24/11 M0.2 Basement HVAC Plan M1.1 1st FLR. Security MEP Demo Plan 6/24/11 6/24/11 M1.2 1K Floor HVAC Plans M2.1 2"d Floor Mech Demo Plan 6/24/11 M2.2 2"a FLR Security HVAC Plan 6/24/11 M3.I 3`h Floor HVAC Plan 6/24/11 M4.1 4th FLR HVAC Demo Plan 6/24/11 M4.2 4th FLR HVAC Plan 6/24111. MEP P0.1 Basement Plumbing Plan 6/24/11 P1.1 First Floor Plumb Demo Plan 6/24/11 P1.2 First FLR Security Plumbing Plan 6/24/11 P2.1 Second Floor Plumbing Plan 6/24/11 P3.1 Third Floor Plumbing Plan 6/24/11 P4.1 Fourth Floor Plumbing Plan 6/24/11 Security X00.001 Security Coversheet: Conventions, Symbols, and Notes 6/24/11 X01.000 Basement Floor 0 Overall Security 6/24/11 X01.100 First Floor I Overall Security 6/24/11 X01.200 Second Floor 2 Overall Security 6/24/11 X01.300 Third Floor 3 Overall Security 6/24/11 X01.400 Fourth Floor 4 Overall Security 6/24/11 X02.0BI Partial Plan Sector 0111 6/24/11 X02.0112 Partial Plan Sector 0B2 6/24/11 X02.1 Al Partial Plan Sector lAl 6/24/11 X02.1A2 Partial Plan Sector 1A2 6/24/11 X02.1B1 Partial Plan Sector 1131 6/24/11 X02.1B2 Partial Plan Sector 1132 6/24/11 X02.IC1 Partial Plan Sector ICI 6/24/11 X02.1C2 Partial Plan Sector IC2 6/24/11 X02.2A1 Partial Plan Sector 2A1 6/24/11 X02.2A2 Partial Plan Sector 2A2 6/24/11 X02.2B1 Partial Plan Sector 2131 6/24/11 X02.2132 Partial Plan Sector 2B2 6/24/11 X02.3A1 Partial Plan Sector 3A1 6/24/11 X02.3A2 Partial Plan Sector 3A2 6/24/11 X02.3B1 Partial Plan Sector 3B1 6/24/11 X02.3B2 Partial Plan Sector 3132 6/24/11 X02.4A2 Partial Plan Sector 4A2 6/24/11 X02.4131 Partial Plan Sector 4B1 6/24/11 X02.4B2 Partial Plan Sector 4132 6/24/11 X04.000 Digital Video Block Diagram 6/24/1I X04.001 Access Control Block Diagram 6/24/11 X04.002 Intercom System Block Diagram 6/24/11 X05.000 Comm Room Enlarged Plans 6/24/11 X05.001 Comm Room Enlarged Plans 6/24/11 X06.000 Access Control Door Details 6/24/11 X06.001 Access Control Door Details 6/24/11 X06.002 Access Control Door Details 6;24/11 X06.010 Security Camera Details 6/24/11 X06.020 Vehicle Pedestal Details Security 6/24/11 X.07.000 Access Control Schedule 6/24/11 X07.001 Video Camera Schedule 6/24/11 X07.002 Data Horizontal Cable Schedule 6/24/11 1.1.2 THE CONTRACT The Contract is identified in Section 1.1.1 of the Agreement. § 1.1.3 THE 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"), § 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 Init. AR Document A201 — 2007. Copyright O1911. 1915, 1518, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized .l 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 AlA software at 14:51:46 on 11104/2011 under Order No.6798208821_1 which expires on 09119/2012, and is not for resale. User Notes: ice + (1346725962) Vol. ✓J Pg. DA Lk Documents. The term "Contractor" means the Contractor or the Contractor's authorized representative. The term "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 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. The term "Sub -Subcontractor" does not include a separate contractor, as defined in Section 5.1.2 herein, or sub -subcontractors of a separate contractor. § 1.1.8 THE WORK The term "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: hit. 1 Owner: .2 Architect: .3 Consultant: (Security) Brazos County 200 South Texas Avenue Bryan, Texas 77803 (979) 361-4102 PattersonArchitects 701 South Texas Avenue Bryan, Texas 77803 (979) 775-6036 Phone (979) 779-0727 Fax de Leon Technology Associates 242 West 27th Street Houston, Texas 77008 (832) 790-7906 .4 Consulting Engineers: Jaster-Quintanilla & Associates, Inc. (Structural) 1608 W. 6d1Street, Suite 100 Austin, Texas 78703 (512) 474-9094 .5 Consulting Engineers: Swoboda Engineering (Mechanical, Electrical, Plumbing) 7010 Coyote Run Bryan, Texas 77808 (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. A1A Document A2017* - 2007. Copyright 0 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 AlA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 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 maximum extent possible under the law. This document was produced by AlA software at 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. User Notes: Vol. l 5 5 Pg. a‘ 5 (1346725962) § 1.2 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 (I) shall be as binding as ifrequired 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 shall bring all inconsistencies known to the Contractor to the Architect's attention, 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 informationthat 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 § 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. § 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 OWNERSHIP/USE 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 !nit. PIA Document A201.4— 2007. Copyright ®1911, 4915, 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'r Document is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AlAe 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 14:51:46 on 11 t04/2011 under Order No.6798268821_1 which expires on 09/19/2012, and is not for resale. User Notes:. Vol. � 53pg. � I � (1340725962) 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 furnished 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 of the 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 ADMINISTRATION 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 Subcontractors, 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 furnish 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 Charles Wendt until such date as the Contractor receives further notice from the Owner. § 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. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 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 furnished 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: Drawings, Specifications, and Addenda. Revised Specifications and Supplementary Drawings Init. AIA Document A2017" — 2007. Copyright O 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 reproduction or distribution of this Alp® 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 taw. This document was produced by AIA software at 14:51:46 on 11/0412011 under Order No.6798208821_1 which expires on 0911912012, and is not for resale. User Notes: (1346725962) Vol. 1 6 3 pg. Q,C 1 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 furnished to the Contractor will be complete to the best of the Owner's information and belief. § 2.2.5 The services, information, surveys, and reports to be provided by the Owner under Section 2.2, if required, shall be furnished 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. § 2.2.6 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 (Paragraphs deleted) 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 Determine that the documents or submittals are in conformance with the Contract Documents and approve them. .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. Init. AIA Document A20-1'" — 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 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software/// at 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 9teand is not forresale• User Notes: Vol. 5 3 Pg.` 8' (1346725962) § 2.3.4 Notwithstanding the Owner's responsibility under Section 2.3.2, 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 3.3.1. § 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 of the Contract Documents. The Owner shall not have control over or charge of 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 Contract Documents. 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 of the 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, Sub -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. § 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 receipt of 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 shalt 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). Init. AIA Document A201Th' 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14 51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale, (1346725962) User Notes: '44Vol, 15 3 pg. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 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. The term Contractor means the Contractor or the Contractor's Designated Representative. The Contractor's Designated Representative is authorized to act on the Contractor's behalf with respect to the Project. § 3.1.2 The Contractor shall perform the Work in accordance and/or compliance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance and/or compliance with the Contract Documents 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 furnished by the Owner through the Architect pursuant to Section 2.2 relative to the Work or that portion of the Work, shall take field measurements of any 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. The 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, through the exercise of reasonable diligence, such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. init. (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 Contract 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 AIR 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 reserved. WARNING: This Ale Document Is protected by U_S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by A1A software at 14:51:48 on 11/04/2011 under Order Na.6798208821_1 which expires on r09/19/2012, and is not for resale. Vol. 15-3 Pg. �cL(D (1348725982) User Notes: _ 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. § 3.3.2 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 Work already performed to determine that such portions are in proper condition to proceed with subsequent Work. § 3.3.4 The Contractor shall keep a daily log of all construction activities and progress and shall submit copies to the Architect with the Contractor's Initial Application for Payment at each monthly progress meeting. § 3,3.5 (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. § 3.3.7 (deleted). § 3.3,8 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 (I) 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 thereof. § 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. § 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 andlor approval of the Owner, after evaluation by the Architect and if appropriate, in accordance with a Change Order. init. AIA Document A201TM' - 2007. Copyright O 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 AIAe Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 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 documentwas produced by AIR software at 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is riot for resale. (1346725962) User Notes: Vol. ' 5 3 pg. g oi § 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 a person 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, attorney'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. If the Work is deemed defective and/or non -conforming, the Contractor shall correct, repair, or replace the deficient or non -conforming Work at no 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 shalt 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. 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 § 3.7.1 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 AIA Document A201 T" — 2007. Copyright @ 1911, 1915; 1918, 1925, 1937, 1951, 1958 1961, 1963, 1966, 1970, 1975, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 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 ( maximum extent possible under the law. This document was produced by AIA software at 14:51:46 on 11/04/2011 ue rcQ deS No.6798208821_1 which expires on 09/19/2012, and is not for resale. ' t7� User Notes: VO1. 155 r g' (1346725962) necessary changes shall be accomplished by appropriate Modification, unless the Contractor recognized such non-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. (Paragraph deleted) §3.7.5 Securing building permit or pet wits, 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) § 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 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 the Supplementary Conditions. Any balances remaining in allowance at project completion shall be credited to the Owner by Change Order § 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) Init. AlA Document A201 TM -- 2007. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. MI rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AlAC 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 14:51:46 on 11/04/2011 under Order No. 6798208821_1 which expires on 09/19(2012, and is not for resale. User Notes: /� .3 (1346725962) Vol • Pg. init. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit, for the Owner's and 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) (Paragraph deleted) a schedule of submittals that is § 3.10.3 The Contractor shall prepare and keep current, for the Architect's approval, 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 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 as a record 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. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 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 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 of 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. If, 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 A1A Document A201 T" - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The America21 n Institute of Architects. All rights reserved. WARNING: This AleDocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:46 on 11104/2011 under Order No 6798208821_1 which expires on 09/1 912 01 2, and is not for resale. h. (1346725962) User Notes: Vo • SSE Pgm 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. § 3.12.7 The Contractor shall perform no portion of the 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 (I) 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 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. § 3.13 USE OF SITE 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. § 3A4 CUTTING AND PATCHING § 3.14,1 The Contractor shall be responsible for 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 cut 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. init. AMA Document A201 TM - 2007. Copyright is 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 AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 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 MA software at 14-51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. VOI. ' 53 Pg. User Notes: .J � (1346725962). § 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 under 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 The Contractor shall provide the Owner and 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 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 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 a patent, 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 EXTENT PERMITTED BY LAW THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE OWNER, ARCHITECT, 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 ATTORNEYS' 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 INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER TI IAN 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 INDEMNIFIED HEREUNDER. SUCH OBLIGATION 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 3.18. 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. § 3,18.2 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. init. AIA Document A201,'• — 2007. Copyright O1911, 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 AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces by AlA software at 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires User Notes: and is not for resale. 153 pg. d -O1 --Le ^ 1 (1348725962) Notes: vol.T1�..L (Tn § 3.18.3 Subject to § 8.3.1, 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 jurisdictional labor disputes or other labor troubles of any kind that may occur during performance of the Work. § 3.19 WAGE RATES PREVAILING § 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 crafts (or apprentice programs) not included in the following Wage Pre -Determination. Such Request shall be made within 15 days after contract award. init. Concrete Finisher Bricklayer Carpenter Plasterer Waterproofer, Exterior Laborer Pipefitter Plumber Sheetmetal Worker Electrician Painter Paperhanger Flooring Layer, Resilient. Tile & Marble Setter Glazier Terrazzo Elevator Mechanic Carpet Layer Caulker Drywall System Installer Equipment Operator Lather Millwright Sprinkler Fitter Steelworker, Reinforcing Steelworker, Structural Stonemason Electrician Roofer 13.88 17.21 12.78 11.90. 11.99 9.85 18.80 22.39 18.55 18.90 11.66 12.60 12.10 15.00 12.60 17.50 26.72 12.10 12.82 10.26 15.24 15.88 15.26 17.75 12.07 14.60 17.08 11.03 11.58 §3.19.3 Multiplier for overtime rate: for over 40 hours per week - multiply the Base Rate times 1.5. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully 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 to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority ofthe Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld, conditioned or delayed.. § 4.1.3 Architect, Engineer, Architect/Engineer or Engineer/Architect. AFA Document AZ01"" — 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 AlAe Document 1s protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by MA software at 14:51:46 on 11104/2011 under Order No.6798208821_1 which expires on 09/1912012, and is not for resale. 7 (1346725962) User Notes: 5Vol. I Pg. ` § 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 OF 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. § 4.2.2 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 with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, 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 direct communications have been specially authorized, the Owner and 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. § 4.2.6 The Architect, after consultation with the Owner, has 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 of the 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 performing portions of the Work. § 4.2.7 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 checking 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 the 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, AIA Document A201 T" — 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 Law and International Treaties. Unauthorized 25 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 i maximum extent possible under the law. This document was produced byAlA software at 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. (1346725962) User Notes: Vol. ( " pg. .— 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 9.1O; and will issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 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 as 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 or otherwise with reasonable promptness. § 4.2.12 Interpretations and recommendations of the Architect will be consistent with the intent 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 Owner and Contractor, and will not be liable for results of interpretations or decisions 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. ARTICLE 5 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 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 the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1866, 1970, 1976, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AlA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:51:46 on 11/04/2011 under Order No_6796208821_1 which expires on User Notes: teand is not for resale. t?g (13466725962} . Vol. 3 Pg. However, the Owner reserves the right to request a replacement or substitute of such persons or entities at any time ities are unsatisfactory or e to thereafter in accordance with the Contract Documents the Gns or eneral Contractor shall submit a 1enst tblof all the Owner. Prior to awarding a contract to any Subcontractor 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 has 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 o and ChCoanget Order e shall be shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate pp p or' , no he Contract Sum or Contras Ti ecoshall be allowedmencement of the forssuchnchangete cunlesst the Contractorwhasracted promptly ease in and responsively in Contract Time s 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 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 ing the of the Contract Documents, and to assume toward the Contractor heContractor, bytons and these Documents, assumes tio<�ard the responsibility for safety of the Subcontractor's Owner and Architect. 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 hi 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 that: unit. AIA Document A201'" — 2007. Copyright t 1911, 1915, 1918, 1925, 1937, 1951, 1959, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American oofArchitects.or distribution All rights reserved. WDocument This any portion of may result in severe civil and crent is protected by U.S. Copyright iaw and minal nal penalties, and will bernational e prosecuted to the reproduction immx n possible od this AIA sdocum ortwap maximum extent possible under the law. This document was produced by AIR software at 14:S1746 on 11104/2011 under Order P40.679820882 ,3467259 1 which expires Notes: and is not for resale. Pg. ^� User Notes: 3 Vol. .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 Contract. 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 a joint 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) § 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 for 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 then 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 defective construction. § 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. I (Paragraph deleted) Init. AIA Document A2917" — 2007. Copyright gi 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 AlA1' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 28 reproduction or distribution of this AIA`r' 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 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. User (13,46725962) Notes: Vol. i ` 3 r g. § 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 may clean up and allocate the cost among those deemed responsible by the Owner. ARTICLE 7 CHANGES IN THE WORK § 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 alone, if approved by the Owner whose approval shall not be reasonably 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 the 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. § 7.2.2 Change Orders will be executed on AIA Document G701, Change Order. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 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 Sum 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 Sum and Contract Time being adjusted accordingly. § 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 lithe 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 sum 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. § 7.3.4 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. Init. AIA Document A201 T" — 2007. Copyright O 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 AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 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 underthe law. This documentwas produced by ALA software at 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not for resale. Vol. 1 y 3 pg. 2 3 ,, (1346725962) User Notes: V �J § 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 shall 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 workers' compensation insurance; .2 Costs 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 or 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 that 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 reasonably 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 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%) 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. Init. AIA Document A201 TM — 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 30 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIR software at 14:51:46 on 11/04/2011 under Order No.6798208821 _1 which expires on 09/1912012, and is not for resale. 153 pg. p� 33 {1346725962} User Notes: Vol. .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 will be effected by written order and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 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 § 8.2.1 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 a reasonable 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 of the Work shall not be changed by the effective date of such insurance. Unless the Commencement Date is established by the Contract Documents or a notice to proceed issued by the Owner, the Contractor shalt 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. § 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 and NO/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 an act or neglect of the Owner 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 lost. 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. Init. ALA Document A201r" - 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 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 AIA software at 14:51'46 on 11/0412011 under Order No.6798208821_1 which expires on 09/19/2012, and is riot for resale. User Notes: Vol. )133 p, 234 (1346725962) § 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 Init. January - 5 February - 6 March - 5 April - 6 May -4 June - 5 July - 3 August - 4 September - 6 October - 4 November - 5 December - 5 (Paragraph deleted) ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.3,1 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 § 9.2.1 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. .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 Contractor's Applications for Payment, costs shall be scheduled separately for each building on the G703 Continuation Sheet. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 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 Owner 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. AIA Document A201" — 2007. Copyright X11911, 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 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 AlA software at 14:51:46 on 11104/2011 under Order No.6798208821 1 which expires on 09/19/2012, and is nol for resale. User Notes: Vol. 153 Pg. X35 . {1346725962) § 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 determinations of the Architect, after approval by the Owner, but not yet included in Change Orders, § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay 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 belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, 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 O702 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. §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 performed 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 § 9.4.1 The Architect will, within seven (7) days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute 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, information and belief, the Work has progressed to the point indicated and that the quality of Init. AlA Document A201 T" - 2007. Copyright O 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AlA software al 14:51:46 on 11/0412011 and O er No. 6798208921_1 which expires User Notes: Vol. 153 pg, on 09/19/2012, and is not for resale. (1346725962) 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 check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to 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 DECISIONS TO WITHHOLD 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 Owner as provided in Section 9.4.1. If the Contractor and 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 be 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, or 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) § 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 the 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. § 9.6.4 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, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor init. AIA Document A201TM - 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 AIR® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 14:51:46 on 11104/2011 under Order No.6798208821 1 which expires on 09(1912012, and is not for resale, User Notes: _% 3 Pg. oC 31 (1348725962) 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. § 9.6.5 Contractor payments to material suppliers shall be treated in a manner similar to that provided 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 with the Contract Documents. § 9.6.7 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 of the 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 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 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 Contract Sum shall be increased by the amount of the Contractor's reasonable costs 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 must have 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. 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. § 9.8.2 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 returned 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. Ini# AlA Document A201 TM - 2007. Copyright © 1911, 1915, 1918, 1925, 193/, 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 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 AEA software at 14:51:46 on 11/04/2011 under Order No.679820882i 1 which expires on 09119/2012, and is not for resale. — User Notes: x Vol. 1 S Pg. 3 `� (1346725962) § 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. 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 Section 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, 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 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, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in Init. AlA Document A201'' — 2007. Copyright © 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1863. 1966, 1970, 1976, 1987, 1897 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 36 reproduction or distribution of this AlAe 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 14:51:46 on 11/04/2011 under Order No.6798208821_1 which expires on 09/19/2012, and is not far resale. User Notes: a (1346725962) Vol. )" Pg. accordance and/or compliance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and 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 (I) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected 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 made, 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, AIA 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. .4 Record drawings. .5 Final list of Subcontractors (AIA Document G805). § 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 retainage stipulated in the Contract Documents, and if bonds have been furnished, 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. Init. AIA Document A201" - 2007. Copyright ci 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 AEA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AlAe 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 taw. This document was produced by AIA software at 14:51:46 on 11/0412011 under Order No.6798208821 1 which expires on 09/19/2012, and is not for resale. 1 User Notes; ) 5. 3 Pg. c)? v (1346725962) Vol. 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 § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on 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 Bound 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. § 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 notitying 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 carry 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 10.2.1.3 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 10.2.1.2 and 10.2.1.3, 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 designate 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 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 of the construction or site to be loaded so as to cause damage or create an unsafe condition to persons or property. snit. MA Document A201 T" — 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 Ale Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:51:46 on 11/0412011 under Order No.6798208821 1 which expires on 09119/2012, and Is not for resale. User Notes: Vol. . I 53 Pg. aj41 (1346725962) § 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 given 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. § 10.3 HAZARDOUS 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 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 present, 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, 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 claim, 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 Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or 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 hazardous 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 Contractor's 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. Init. 1 AIA Document A201T" - 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe 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 byAlA software at 14:51:46 on 11104/2011 under Order No.679,6208821 1 which expires on 09/19/2012, and is not for resale. User Notes: r� v _ol. I S3 Pg. (1346725962) ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11,1 GENERAL — Insurance requirements for the project are listed in the Owners Request for Proposal. § 11.1.1 Pursuant to 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 of 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 workers' 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 . § 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. § 11.1.3 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 concerning reduction 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 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 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 for the entire Work at the site on a replacement cost basis 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 Init. AIA Document A201744- 2007. Copyright isb 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 A1A° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:51:46 on 11/04/2011 under Order No.6798208821 1 which expires on 09/19/2012, and is not for resale. User Notes: Vol.1 S Pg.�I 3 (1346725962) 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. (Paragraphs deleted) § 11.3.2 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 1 1.3.1 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 SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their 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. § 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 during 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. § 11.3.5 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 11.3. 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 thirty (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 furnish bonds covering 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. AIA Document A201 T" - 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 41 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AlA software at 14:51:46 on 11/04/2011 under Order No. 67982088211 which expires on 0911912012, and is not for resale. — User Notes: VOy. 53 Pg. E� j� (1346725962) ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 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 requested 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 change to or an addition in the Contract Time. § 12.1.2 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 may 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 testing 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 the 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 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 Contractor 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 requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 112 shall be construed to establish a period of limitation with respect to 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 Documents 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 the Work. AIA Document A2OITM — 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 42 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 A are at 14:51:46 on 11/04/201 0 t No.6798208821_1 which expires on 09/19/2012, and is not for resale. User Notes: 'I'l, Pg. (1346725962) § 12.3 ACCEPTANCE OF NONCONFORMING WORK § 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 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located . § 13.2 SUCCESSORS AND ASSIGNS 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 WRITTEN 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 RIGHTS AND REMEDIES Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall 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) § 13.5 TESTS AND INSPECTIONS § 13,5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules 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 0121 00. 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 TIME LIMITS 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 ki any case not more than ten (10) years after the date of Substantial Completion of the Work. (Paragraphs deleted) ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION 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: Init. AIR Document A201". - 2007. Copyright a 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1953, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING: This Ale tocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.51:46 on 11/04/2011 under Order No.6798208821 1 which expires on 09/19/2012, and is not for resale. User Notes: Vol. 153 Pay ai"I''� Pg. (1348725962) .1 Issuance of an order of a court or other public authority having jurisdiction that 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. § 141.2 If the Work is stopped for a period of sixty (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 fulfill 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. (Paragraphs deleted) §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 period of time as the Owner may determine. § 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 § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of 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 ter urination, along with reasonable overhead and profit . Init. AlA Document A201''' — 2007. Copyright O1911, 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 44 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA softwjre aat 14'51:46 on o�' 11/041201 niter No.6798208821_1 which expires on 09/19/2012, and is not for resale. tw User Notes: VOI. 1 ""3 r g- (1346725962) ARTICLE 15 CLAIMS AND INITIAL DECISION MAKER § 15.1 DEFINITION A Claim is a demand or assertion by one of the Parties seeking, as a matter of right, payment of 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 Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the Party making the Claim. (Paragraphs deleted) § 15.2 Claims must contain the information listed below, If any of the required information is not available at the time the Claim 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 CLAIMS 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 first recognized the condition giving rise to the Claim, whichever is later. (Paragraphs deleted) § 15.4 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise provided in the Contract Documents, the Contractor shall proceed diligently with performance of the Contract and the Owner shall 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 CONCEALED OR UNKNOW CONDITIONS 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 party 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 or 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 opposition to such determination must be made AIA Document A201 TM - 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 AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 45 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 maximum extent possible under the law. This document was produced byAJA software at 14:51:46 on 11/04/2011 under Order No.6798208821 1 which expires on 09119/2012, and is not for resale. User Notes: I Vol.�J' pg. g(13A6725962) 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 reasonably anticipated and had an adverse effect on the scheduled construction. § 15.8 INITIAL DECISION (Recommendation) (Paragraph deleted) § 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 (10) 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. § 15.8,3 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. (Paragraph deleted) § 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 therefor; 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. (Paragraph deleted) AlA Document A201"'- 2997. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American init. Institute of Architects. Ali rights reserved, WARNING: This A1A4 Document is protected by U.S. Copyright Law and international Treaties Unauthorized 46 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 AlA software at 14:51:46 on 11/04/2011 under der No.6798208821_1 which expires on 09/19/2012, and is rot for resale. I • User Notes: 53 Tb,ti r r (1346725962) 1 § 15.8.6 Either party may, within thirty (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, 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. (Paragraph deleted) § 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. (Paragraph deleted) § 15.9.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties 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 (Paragraph deleted) § 15.9.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project 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 CONTRACTING POLICIES (Paragraph deleted) § 16.1 EQUAL OPPORTUNITY The Contractor, it's 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: (I) 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. § 16.3 FISCAL FUNDING CLAUSE § 16.3.1 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 another 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 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 to be illegal, invalid, void, voidable, or unenforceable, this will not affect the legality, validity, or enforceability of an of the 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. MA Document A201 "' - 2007. Copyright tl 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 Law and International Treaties. Unauthorized 47 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 underthe law. This document was produced by NA software at 14:51:46 on 11/04/2011 under Order ) No.6798208821_1 which expires on 09/19/2012, and is not for resale. /�' �J User Notes: 'c^/' J O (1346725962) Vol. g• § 16.5 SOVEREIGN IMMUNITY 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 the Owner is subject as a matter of law, to Texas Government Code, Chapter 552, also known as the "Texas Public Information Act" (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 Requesters") 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 and 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, for 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 PIA. 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 PIA, such refusal, failure, or violation shall constitute 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 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 of the NA, 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.oag.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 Init. AIA Document A201T" - 2007. Copyright O1911, 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 AlA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A1Aei 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 14:51:46 on 11/04/2011 under Order No 6798208821_1 which expires on Notes: and is not for resale. VOL 15 ^ Pg. User Notes: `,,J( a (1346725962) rules may be found online at http://.oag.state.tx.us/open/char2es.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 §17.1A Any material specified by reference number, symbol or title of a specific standard, such as a Commercial 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 been 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. (Paragraph deleted) Init. AIA Document A20i TM — 2007. Copyright n 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1956, 1970, 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 48 reproduction or distribution of this AM* 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 14:51'.46 on 11;04/2011 under Order No.6798208821_1 which expires on 09/1912012, and is not for resale: User Notes: Vol. 5 Pg. (�( (1346725962) AIM PROGRAM SERVICE AGREEMENT This AIM PROGRAM SERVICE AGREEMENT (the "Agreement") is entered into by and between the following parties (who shall hereinafter be collectively referred to as the "Parties," or if any of the Parties is referred to in the singular, the "Party"): A. AIM, LLC (dba Center for Criminal Justice Solutions) ("Service Provider"), a limited liability company formed and existing in and under the laws of the State of Texas, with its principal place of business located at: 2305 Cedar Springs Road #410 Dallas, Texas 75201 B. Bryan Independent School District ("Bryan ISD"), a political subdivision of the State of Texas, with its principal office located at: 101 N. Texas Avenue Bryan, Texas 77803 C. Brazos County and its Justice of the Peace, Precinct 2, Place 2 (the "Court"), a political subdivision of the State of Texas (Brazos County and the Court being hereinafter collectively referred to as the "County"), with its office located at: 200 S. Texas Avenue, Suite 332 Bryan, Texas 77803 WHEREAS, Service Provider provides truancy reduction and dropout prevention services. WHEREAS, Bryan ISD and the County desire to engage Service Provider, and the Parties have agreed to enter into a contract for Service Provider to provide, implement, manage, and direct the Attendance Improvement Management program (the "AIM Program") service in Bryan ISD in an effort to assist in the reduction of truancy rates within Bryan ISD; and WHEREAS, in order to effectuate their agreement, the Parties have agreed to enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AIM PROGRAM SERVICE AGREEMENT Page 1 of 10 vol. 1 53 Pg. 2 6 1. TERM OF THE AGREEMENT. 1.1. Term. The term of this Agreement is for a period of one year, which shall commence on October 1, 2011 and end September 31, 2012 (the "Contract Term"). At the conclusion of the initial Contract Term, the Agreement may not be renewed upon the agreement of all Parties for an additional term of less or more days on the same terms and conditions as provided herein. 2. OBLIGATIONS OF THE PARTIES. 2.1. as follows: Obligations of Service Provider. The Obligations of Service Provider under this Agreement are 2.1.1. Provision of AIM Program for Contract Term. Service Provider shall provide the AIM Program to Bryan ISD and the Court for the duration of the Contract Term, which shall include the following services and supporting materials: a. The ability to place a total of 7 students in the AIM Program at any given time ("AIM Program Capacity Number"). b. All forms, documents, and instructions that are necessary for the implementation and management of the AIM Program, some of which is or includes confidential and proprietary information of Service Provider and, thus, is subject to the Confidentiality Agreements to be executed by the County and Bryan ISD, which are attached hereto as Attachment "A" and incorporated herein by reference. c. Service Provider shall utilize 7 cell phone/GPS devices (the "Devices") for location monitoring of students participating in the AIM Program ("AIM Students"). The Devices shall be provided to the Court for distribution to AIM Students entered into the AIM Program in accordance with the AIM Program implementation instructions. (The Court's possession of the Devices is solely for the purpose of distributing the Devices to AIM Students on behalf of Service Provider, and it is in no way meant to be and shall not be considered a lease or purchase of such Devices by the Court); d. Service Provider shall input the information of AIM Students into its AIM Program operating software; e. Service Provider shall permit access to its AIM Program operating software by permitted authorized representatives of the County/Court and Bryan ISD (the "Authorized Representatives") at the discretion of Service Provider based upon ethical standards of privacy, all of whom shall agree in writing to be bound by the applicable Confidentiality Agreement by signing an acknowledgment agreement in the form attached to the applicable Confidentiality Agreement as Attachment "A"; AIM PROGRAM SERVICE AGREEMENT Page 2 of 10 Vol. 163 pg. 2 5 + f. Daily wake-up telephone calls. Service Provider shall make daily wake-up telephone calls to the homes of AIM Students each school -day morning; g. Live coaching telephone calls. Service Provider shall make live coaching telephone calls to AIM Students at their homes at least three (3) nights per week. All AIM Students will be called on Sunday nights, and the other remaining calls for any particular AIM Student will be made either on Monday and Wednesday nights or Tuesday and Thursday nights at the discretion of Service Provider; and h. Service Provider shall provide information about the AIM Program for media inquiries, if necessary. 2.2. Obligations of Bryan ISD. The Obligations of Bryan ISD under this Agreement are as follows: 2.2.1. Provision of/Access to Certain Information. Upon written request to Bryan ISD by Service Provider, specifically listing the identities of the AIM Students for which information is sought, Bryan ISD agrees to provide the following information or access to the information to Service Provider by the earlier of the end of the Contract Term or April 30, 2012, subject to the Release of Liability and Release of Information forms to be signed by AIM Students and the parents/legal guardians thereof: a. Class attendance records for each AIM Student during the Contract Term and for the school year during which the AIM student is in the program; b. During the school year in which the AIM Student is in the program, referrals to alternative education venues (e.g., In -School Suspension, Out of School Suspension, etc.); c. Grades for each AIM Student during the Contract Term and for the school year in which the AIM Student is in the program; d. During the school year in which the AIM Student is in the program, credits recovered during and after each AIM Student's participation in the AIM Program; and e. During the school year in which the AIM Student is in the program, the enrollment status for all AIM Students then participating, or who have participated, in the AIM Program. 2.2.2. Surveys. Bryan ISO shall arrange for Service Provider to conduct a brief written AIM Student, parent/legal guardian, and teacher attitude surveys as requested by Service Provider. 2.2.3. Exit Interviews. Bryan ISO shall arrange for Service Provider to conduct an exit interview from the AIM Program with a sample of AIM Students. AIM PROGRAM SERVICE AGREEMENT Page 3 of 10 Vol. 53 Pg. 5s 2.2.4. AIM Program Liaison. Bryan ISD shall appoint an AIM Program liaison (the "Bryan ISD Liaison") to communicate with Service Provider regarding and during the implementation and management of the AIM Program. Bryan ISD shall provide the name of the Bryan ISD Liaison to Service Provider in writing. Bryan ISD may change the Bryan ISD Liaison upon notice to Service Provider. 2.2.5. Confidentiality. During the course and scope of this Agreement and the implementation and management of the AIM Program, Service Provider will provide information to Bryan ISO that constitutes or includes confidential and proprietary information, including but not limited to trade secrets, of Service Provider or third parties. In exchange for the receipt of any such confidential or proprietary information, Bryan ISD agrees to protect from unauthorized use, distribution, disclosure, or publication all confidential and proprietary information it receives from Service Provider; and, accordingly, Bryan ISD expressly acknowledges and agrees to execute and be bound by the Confidentiality Agreement, and the terms and conditions thereof, attached hereto as Attachment "A" and incorporated herein by reference as if fully set forth herein. The enforceability of this Agreement is expressly conditioned upon Bryan lSD's execution of the Confidentiality Agreement. It is also expressly agreed and understood by all parties that, in the event of a conflict between the provisions contained in this paragraph and the County's and/or Bryan ISD's obligations regarding disclosure under the Texas Public Information Act, the provisions of the Texas Public Information Act shall govern. 2.3. Obligations of the County. The County agrees as follows: 2.3.1. Contract Price; Method of Payment. The price of the AIM Program is S13.440.00 (the "Contract Price"), calculated as follows: $16.00 per day x 7 [the AIM Program Capacity Number] x 120 days. Brazos County shall be responsible for direct payments of the Contract Price to Service Provider. Service Provider shall invoice Brazos County monthly for equal installments of $3,360.00 and payment will be made within 30 days of receipt of Service Provider's Invoice. Brazos County shall receive the first invoice at the commencement of the Contract Term, and each subsequent invoice shall be provided to Brazos County at the beginning of each month thereafter until the Contract Price is paid in full. Upon commencement of the Agreement, and on a monthly basis without demand thereafter, Bryan !SD will reimburse Brazos County 50% of the amount paid by the County for the AIM Program services provided under this Agreement. In the event state or federal funds become available that would apply to payment or furtherance of the AIM Program, it is understood and agreed that any payments of such funds made directly to Service Provider by the state or federal funding source for the benefit of Brazos County and/or Bryan ISD shall be a credit against that portion, if any, of the Contract Price then remaining due and owing by Brazos County and/or Bryan ISD under this Agreement. 2.3.2 Provision of Devices and AIM Program Instructions to AIM Students. The Court agrees to provide a Device and verbal and written instructions about the AIM Program to each AIM Student in accordance with the AIM Program implementation instructions provided to the Court. AIM PROGRAM SERVICE AGREEMENT Page 4 of 10 VoL. 1 53 pg. c) 5 4v 2.3.3. AIM Program Liaison. The Court shall appoint an AIM Program liaison (the "Court Liaison") to communicate with Service Provider regarding and during the implementation and management of the AIM Program. The Court shall provide the name of the Court Liaison to Service Provider in writing. The Court may change the Court Liaison upon notice to Service Provider. 2.3.4. Confidentiality. During the course and scope of this Agreement and the implementation and management of the AIM Program, Service Provider will provide information to Brazos County and/or the Court that constitutes or includes confidential and proprietary information, including but not limited to trade secrets, of Service Provider or third parties. In exchange for the receipt of any such confidential or proprietary information, Brazos County and the Court agree, subject to their respective obligations as entities governed by the provisions of the Texas Public Information Act, to protect from unauthorized use, distribution, disclosure, or publication all confidential and proprietary information received from Service Provider; and, accordingly, Brazos County and the Court expressly acknowledge and agree to execute and be bound by the Confidentiality Agreement, and the terms and conditions thereof, attached hereto to as Attachment "A" and incorporated herein by reference as if fully set forth herein. The enforceability of this Agreement is expressly conditioned upon Brazos County's and the Court's execution of the Confidentiality Agreement. It is also expressly agreed and understood by all parties that, in the event of a conflict between the provisions contained in this paragraph and the County's and/or BISD's obligations regarding disclosure under the Texas Public Information Act, the provisions of the Texas Public Information Act shall govern. 3. MISCELLANEOUS PROVISIONS. 3.1 Security. Provider shall use commercially reasonable efforts to prevent unauthorized access to any databases or other sensitive material; and shall notify County of any known security breaches or holes that adversely affect County and/or Service Provider. 3.2 Uninterrupted Power Supply (UPS1. Service Provider will implement a high -availability architecture at the data center to ensure, as much as possible, continued availability of access by Service Provider even when there is power failure and/or hardware malfunction. 3.3 Audit. No more frequently than once per calendar year, County shall have the right to inspect through its auditor, at County's sole expense, the records of Service Provider on reasonable advance written notice and during Service Provider's regular business hours for the limited purpose of verifying the invoices submitted to County for payment hereunder. Such records shall be maintained for a period of at least one (1) year from the date of creation of such record. Payment of any amount determined to be due County as a result of such audit shall be made within thirty (3O) days of receipt of County's invoice therefore. If the audit determines that any monies are owed Service Provider, a copy of the audit report shall be provided to Service Provider and County shall pay Service Provider such amount within thirty (30) days of County's receipt of the auditor report. 3.4 Returned Devices. Upon the expiration or earlier termination of this Agreement, or in the event of a Device defect, the Court and/or Bryan ISD shall return such Device(s) to Service Provider. AIM PROGRAM SERVICE AGREEMENT Page 5 of 10 Vol. 153 pg. a % 3.5 Limited Remedies. If any Device and/or connected technology becomes, or in Service Provider's opinion is likely to become, the subject of an infringement claim or action, Service Provider may, at its option and in its sole discretion: (i) procure, at no cost to County, the right for the Court to continue distributing the Device and/or connected technology on behalf of Service Provider; (ii) replace or modify the Device and/or connected technology to render it non -infringing, provided there is no material loss of functionality; or (iii) if, in Provider's reasonable opinion, neither (i) nor (ii) above is commercially feasible, terminate the Agreement. 3.6 Survival. Termination or expiration of this Agreement shall not relieve any Party of obligations that by their nature or term survive termination or expiration; such as, by way of example and without limitation, the obligation to make all payments that have or will become due under this Agreement. 3.7 Termination. Either party (Service Provider, singularly, and Brazos County and Bryan ISD, jointly) may cancel this Agreement for any reason, by providing written notice to the other party at least thirty days prior to the cancellation date. If Service Provider fails to provide services according to the provisions of this Agreement, County and Bryan ISD may, upon written notice of default to Service provider, terminate all or any part of the Agreement. Termination is not necessarily an exclusive remedy, but will be in addition to any other rights and remedies provided by law or equity under this Agreement. 3.8 Effect of Termination. Upon termination or expiration of this Agreement: (a) Service Provider may require that the Court return all Devices to Service Provider in accordance with Section 3.4 hereof; and (b) each of the Parties shall release the other from all obligations under this Agreement, except for obligations accrued and owing up to the effective date of termination and any surviving obligations as set forth in Section 3.6. 3.9 Press Release. County and Bryan ISD, respectively, agree to not unreasonably withhold permission to Service Provider to identify County and Bryan ISD as customers by using the County's and Bryan ISD's name, trademarks, and trade names on Service Provider's website and in other online and offline marketing materials. Service Provider will first secure County's and Bryan ISD's respective written permission prior to disclosing County's and/or Bryan lSD's affiliation or using County's and/or Bryan ISD's name, trade marks, and trade names. 3.10 Entire Agreement. This Agreement and all other documents referenced in this Agreement constitute the entire agreement between the Parties with respect to the matters contemplated herein and supersede any and all prior and contemporaneous agreements, negotiations, and understandings of the Parties in connection herewith. No covenant or condition not expressed in this Agreement shall affect or be effective to interpret, change or restrict this Agreement. There are no representations, agreements, or inducements other than those set forth expressly and specifically in this Agreement and the other documents referenced in this Agreement. The Agreement may be changed only by written instrument signed by all Parties. AIM PROGRAM SERVICE AGREEMENT Page 6 of 10 vol. j 5 3 pg. 07581 3.11 Assignment. This Agreement and any rights, interests, duties, and obligations herein are not assignable, in whole or in part, by any Party without the prior express written consent of the other Parties, such consent not to be unreasonably withheld. 3.12 Notice. Any notice required by this Agreement or given in connection therewith, shall be in writing and shall be given to the appropriate party or parties (a) via hand delivery, (b) via certified mail, postage prepaid, or (c) by recognized overnight delivery service. Notice shall be delivered personally to the designated agent specifically identified by the Party at the designated address as follows: If to Service Provider: Travis Knox Center for Criminal Justice Solutions, LLC 2305 Cedar Springs Road #410 Dallas, Texas 75201 If to Bryan ISD: Student Issues: Carol Cune Executive Director of Administration 101 N. Texas Avenue Bryan, Texas 77803 Financial Issues: Amy Drozd Chief Financial Officer, BISD 101 N. Texas Avenue Bryan, Texas 77803 If to the Court: Randy Sims Brazos County Judge 200 So. Texas Ave., Ste 332 Bryan, Texas 77802 Tommy Munoz Justice of the Peace Pct. 2.2 200 So. Texas Ave., Ste 114 Bryan, Texas 77802 AIM PROGRAM SERVICE AGREEMENT Page 7 of 10 Vol. /53 Pg._ c„?5 / Notice is effective when delivered by any of the foregoing methods of delivery to the designated agent for receipt of Notice at the appropriate addresses stated above. Any Party may change the person and address to which Notice may be delivered at any time by providing the other Parties with written notice of a change of person and address. 3.13 Amendments. This Agreement shall not be amended, modified or supplemented except pursuant to a written instrument signed by all Parties, making specific reference to this Agreement. 3.14 Choice of Law; Jurisdiction. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas (without giving effect to principles of conflicts of laws) applicable to a contract to be performed in this state. Exclusive venue for purposes of any claim, dispute or lawsuit resulting from or arising out of or to construe or enforce this Agreement shall be a court of competent jurisdiction in and for Brazos County, Texas. 3.15 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and each of their respective successors and permitted assigns. 3.16 Headings and Captions. The headings and captions used in this Agreement are for convenience only and shall not limit, expand, affect, or alter the meaning of any text. 3.17 Gender. Words used in this Agreement of any gender shall be construed to include any other gender where appropriate; and words used in this Agreement that are either singular or plural shall be construed to Include the other where appropriate. 3.18 Validity; Multiple Counterparts. This Agreement shall not be valid or effective unless and until it is signed by all Parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 3.19 Authorization. Each of the Parties to this Agreement represent that the person executing this Agreement on behalf of such Party is duly authorized to execute this Agreement, and that all necessary corporate and/or governmental formalities required for the approval or execution of this Agreement have been performed or have occurred. 3.20 Compliance with Laws. All parties herein shall comply with all applicable federal, state, and local laws and regulations. 3.21 Severability and Savings Clause. If any term of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such illegal, invalid or unenforceable term had never been included. AIM PROGRAM SERVICE AGREEMENT Page 8 of 10 Vol. 53 pg. c26c Q 3.22 No Waiver. The failure of any Party or Parties to this Agreement to enforce at any time any one or more of the terms or conditions of this Agreement shall not constitute a waiver of such terms or conditions or such Party's or Parties' right thereafter to enforce each and every term or condition of this Agreement. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver by Brazos County or Bryan ISD of any immunities from suit or from liability by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 3.23 Remedies Cumulative. Unless expressly provided otherwise herein: (i) all rights and remedies granted to each Party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies otherwise available to such Party in this Agreement, at law or in equity; and (ii) termination or expiration of this Agreement will not limit any Party from pursuing any other remedies available to it, including injunctive relief, in connection with any of its rights accrued or otherwise existing up to the date of such termination or expiration. 3.24 Attorneys' Fees. Costs, and Expenses. Should any of the Parties to this Agreement file suit or otherwise claim or defend the enforcement of the terms hereof, the prevailing Party or Parties shall recover its or their reasonable and necessary attorneys' fees, together with all costs and expenses of litigation. 3.25 Public Information Act. The Parties acknowledge and agree that County and Bryan ISD may be subject to either Rule 12 of the Judicial Rules of Administration or to the Texas Government Code, Chapter 552, also known as the "Texas Public Information Act" (hereinafter, "PIA"). Thus, there may be occasions when requests for information are submitted to the County or Bryan ISD pursuant to Rule 12 or the PIA. Upon a request for information by a third party under Rule 12 or the PIA, it is expressly acknowledged and agreed that Bryan ISO, County, its Commissioners, County Judge, elected officials, appointed officials, department heads, and employees (hereinafter, "Governmental 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, or any exceptions or exclusions thereto to any requested forms, documents, manuals, instructions, guidelines, software, hardware, firmware, or any part thereof, or other equipment or item, data or information furnished by Service Provider to, or otherwise in the possession or knowledge of, the County and/or Bryan ISD. It is further acknowledged and agreed that the Governmental Requestors have the right and obligation by law to rely on the advice, decisions and opinions of the Texas Attorney General. The Service Provider hereby releases the Governmental Requestors from any and all liability or obligation of any type, kind or nature regarding any disclosure of any forms, documents, manual, instructions, guidelines, software, hardware, firmware, or any part thereof, or other equipment or item, data or information furnished by Service Provider to, or otherwise in the possession or knowledge of, the County and/or Bryan ISD that is determined by or in reliance on any advice, decision or opinion of the Texas Attorney General to be available to the public or any persons. 3.26 Governmental Immunity. This Agreement is expressly made subject to Brazos County's and Bryan ISO's governmental immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. Nothing in this Agreement is intended to benefit any third party beneficiary. AIM PROGRAM SERVICE AGREEMENT Page 9 of 10 vol. 1 53 pg. 0.2 eo I 3.27 Fiscal Funding Clause. Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. Service Provider or any other person or entity directly or indirectly employed by the Service Provider shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may provide funds from a separate source or may terminate this Agreement by written notice to the Service Provider at least thirty (30) days in advance of such termination. At any time County fails to make payment as required under this Agreement, Service Provider has the right to cease providing the AIM Program to County and Bryan ISD. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. CENTER FOR CRIMINAL JUSTICE SOLUTIONS By: Travis Its: President I/ Date ATTEST: By: BRAZOS COUNTY, TEXAS Brazos County Judge RamirSTMT Date 'Duane. Poe rs Karen Mc County Clem Date BRAZOS COUNTY JUSTICE OF THE PEACE, PCT 2, PI 2 BRYAN INDEPENDENT SCHOOL DISTRICT By: ommy.z, Justice AIM PROGRAM SERVICE AGREEMENT it ii xoLi By: Date [Signature] ary\,,,( De -oz c( Its: FO Date [Printed Name] [Title] Page 10 of 10 Vol. / 53 pg. cQe0 Attachment "A" CONFIDENTIALITY AGREEMENT This Confidentiality Agreement is effective as of September 1, 2011, and is entered into by and between AIM, LLC (dba Center for Criminal Justice SoIutions), a Texas limited liability company ("Discloser") and Bryan Independent School District, a political subdivision of the State of Texas ("Recipient" or "Bryan ISD") and Brazos County and its Justice of the Peace, Precinct 2, Place 2, a political subdivision of the State of Texas, hereinafter collectively referred to as the "Parties". WHEREAS, Discloser and Recipient have agreed to enter into an AIM Program Service Agreement, executed on even date herewith, whereby Discloser shall provide, implement, manage, and direct the AimTruancy Solutions program ("AIM Program") in Bryan ISD in an effort to assist Recipient(s) in the reduction of truancy rates within Bryan ISD; and WHEREAS, the Parties have agreed that the enforceability of the AIM Program Service Agreement is expressly conditioned upon the execution of this Confidentiality Agreement; and WHEREAS, Recipient acknowledges and agrees that certain information to be provided to Recipient by Discloser pursuant to the AIM Program Service Agreement is confidential and proprietary in nature and has significant commercial value that would be diminished by unauthorized use, distribution, disclosure, or publication; and WHEREAS, Discloser is willing to provide such information to Recipient only upon the terms and conditions set forth in this Confidentiality Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Discloser and Recipient agree as follows: 1. Confidential Information. "Confidential Information," whether written, oral, in electronic form, or in any other medium, as used herein shall mean and include all AIM Program and other proprietary materials and information belonging to Discloser which Discloser deems confidential including, but not limited to,: (a) the manner in which Discloser conducts the AIM Program and its business and operations, including manuals, guidelines, handbooks, plans, strategies, costs, prices and other pricing information, compensation, marketing plans and materials, customer lists, methods of doing business, policy or procedures, and agreements; (b) the processes learned by Recipient while under contract with Discloser for the AIM Program; (c) any trade secrets or other know-how of Discloser, including processes, simulations, databases, and results of other AIM programs; (d) any software, including source code or object code, developed by or for Discloser and the AIM Program (the "Software"); (e) any documentation, technical parameters or general features and functionality of the software; (f) this Confidentiality Agreement; (g) any other information not generally known in the industry which was disclosed to Recipient or known by Recipient as a consequence of the AIM Program Service Agreement, this Confidentiality Agreement, and the operation of the AIM Program; and (h) any other information or material clearly marked or designated as confidential or proprietary. Discloser acknowledges that Recipient or an Authorized Representative thereof is or may be an elected official and/or governmental entity, which Page 1 of 6 Vol. / 53 Pg. 02 (03 means there may be occasions when requests for information are submitted to the office of Recipient or its Authorized Representative pursuant to the Texas Public Information Act (the "Act"), Chapter 552, Texas Government Code. Recipient must notify Discloser of its right to submit the requested information to the Texas Attorney General's Office, for a ruling regarding the proprietary nature of the information in accordance with Section 552.305 of the Act. Confidential Information shall not be deemed to be part of the public domain merely because it is embraced by more general information in the public knowledge or literature. Confidential Information shall not include information: (a) that is or becomes generally available to the public other than as a result of a breach of this Confidentiality Agreement by Recipient or as a result of any other improper or unlawful means; (b) that is rightfully received by Recipient without obligations of confidentiality; (c) that is developed independently by Recipient without breach of this Confidentiality Agreement; or (d) that is required to be disclosed by applicable law, valid subpoena, or other process of law in the written opinion (reasonably satisfactory to Discloser) of legal counsel for Recipient as the case may be. 2. Confidential Information Provided to Recipient. In consideration for the obligations imposed upon Recipient pursuant to Section 3 hereof, in order to assist Recipient in the furtherance of its involvement in and with the AIM Program during the course of the AIM Program Service Agreement, Recipient shall be provided certain Confidential Information by Discloser. The particular Confidential Information to be provided by Discloser is at the sole discretion of Discloser. 3. Obligations of Recipient with respect to Confidential Information. In consideration for the receipt of Confidential Information as enumerated in Section 2 hereof, Recipient agrees that it shall, during and subsequent to the Term of this Confidentiality Agreement, protect, safeguard, and hold in confidence the Confidential Information, including but not limited to the following duties: a. Recipient shall not use the Confidential Information other than for the purposes of its contractual relationship with Discloser, that being the implementation and management of the AIM Program; b. Recipient shall not disclose, distribute, publish, or otherwise reveal any Confidential Information, in whole or in part, to any third party; except that Recipient may disclose Confidential Information to its authorized representatives ("Authorized Representatives") with a specific need to know. Prior to any disclosure to an Authorized Representative, Recipient shall advise such Authorized Representative of this Confidentiality Agreement and the duties and obligations of Recipient therein and obtain the written agreement of such Authorized Representative to be bound hereby as if the Authorized Representative were the named Recipient herein. Specifically, prior to disclosure of any Confidential Information to an authorized representative ("Authorized Representative"), such Authorized Representative must sign the Agreement to be Bound attached hereto as Exhibit "A" and made a part hereof, thereby acknowledging his, her, or its agreement to be bound by the terms of this Confidentiality Agreement. Recipient shall be responsible for any violation of this Confidentiality Agreement by any of its Authorized Representatives, such a violation by an Authorized Representative constituting a breach by Recipient, as well as the Authorized Representative, of this Confidentiality Agreement; Page 2 of d Vol. 153 pg,� I" c. Recipient shall not copy or otherwise reproduce, or permit to be copied or reproduced, any Confidential Information, except in pursuance of Recipient's performance of the AIM Program Service Agreement (Any copies or reproductions of Confidential Information made by Recipient shall also be considered Confidential Information.); d. Recipient shall not use any Confidential Information as a basis upon which to develop or assist a third party to develop a competing or similar business or program to that of Discloser; and e. At the end of the Contract Term (defined in the AIM Program Service Agreement) or other termination of the AIM Program Service Agreement for whatever reason, or immediately upon the request by Discloser, whichever event occurs sooner, Recipient shall immediately return any Confidential Information which is in Recipient's care, possession, custody or control to Discloser and certify in a form reasonably satisfactory to Discloser to the return of all tangible Confidential Information and references thereto. Return of Confidential Information shall be deemed timely if it is within ten (10) days of the triggering event. At Recipient's option, any documents or other media developed by Recipient containing Confidential Information may be destroyed by Recipient instead of returned to Discloser. Recipient shall provide a written certificate to Discloser regarding the destruction within ten (10) days thereafter. 4. Confidential Information of Third Parties. Recipient agrees to maintain in confidence any confidential information of third parties received as a result of the AIM Program Service Agreement. Recipient agrees to execute and/or abide by the terms of other nondisclosure agreements that Discloser may have with third parties. Recipient further agrees that the terms of this Confidentiality Agreement do not and will not breach any agreement to keep in confidence confidential or proprietary information, knowledge, or data acquired by Recipient in confidence or in trust prior to entering into this Confidentiality Agreement, and Recipient will not disclose to the Discloser, or induce Discloser to use, any confidential or proprietary information or material belonging to any other party. 5. Disclosure Required by Law. If, in the absence of a protective order, a determination by the Attorney General's Office that Confidential Information is excepted from disclosure, or the receipt of a waiver hereunder, Recipient or an Authorized Representative is, in the opinion of its counsel, compelled to disclose Confidential Information to any tribunal or else be liable for contempt or suffer some other penalty, that party or person may disclose the Confidential Information to the tribunal without liability, provided that (i) the disclosing party or person gives Discloser written notice of the Confidential Information to be disclosed as far in advance of its disclosure as practicable, and that the disclosing party or person use its best efforts to obtain assurances that the confidential nature of the information will be maintained, and (ii) the party or person furnishes only that portion of the Confidential Information that is legally required. 6. Post -Agreement; Survivability of Obligations. All of the provisions of this Confidentiality Agreement shall survive termination of this Confidentiality Agreement by any Party. Recipient agrees, subsequent to the Term of this Confidentiality Agreement or earlier termination of this Confidentiality Agreement for any reason, not to use, distribute, disclose, publish, or otherwise reveal any Confidential Information personally or for the benefit of any other individual, company or entity, including but not limited to any person, company or entity that provides services in competition with the Discloser's business. In addition, Page 3 of 6 Vol. /53 Pg. (7 Recipient's obligations under this Confidentiality Agreement shall not be affected by bankruptcy, receivership, assignment, attachment, or seizure procedures, whether initiated by or against Recipient. 7. No License. Nothing contained in this Confidentiality Agreement shall be construed as granting or conferring to Recipient or any Authorized Representative any rights by license or otherwise to or in any Confidential Information, other than the limited right to use Confidential Information in accordance with and for the purposes of the AIM Program Service Agreement. 8. Acknowledgment; Remedies; Attorneys' Fees, Costs, and Expenses. Recipient acknowledges and agrees that the Confidential Information of Discloser is proprietary to and a valuable trade secret and asset of Discloser and that any unauthorized use, distribution, disclosure, or publication thereof will cause irreparable harm and loss to Discloser and will be a material breach of this Confidentiality Agreement. Consequently, Discloser will be entitled, in addition to all other remedies available to it, to injunctive and equitable relief to prevent a breach and to secure the enforcement of this Confidentiality Agreement. Injunctive relief may be granted immediately to Discloser upon the commencement of any action to enforce this Confidentiality Agreement against Recipient without notice to Recipient, the benefit of which notice Recipient specifically waives. Discloser may withhold AIM Program services from Recipient if Recipient fails to comply with this Confidentiality Agreement, without restricting Discloser from other legal and equitable remedies. Upon demand, Recipient agrees to reimburse Discloser for all actual costs, including attorneys' fees, which may be incurred by Discloser in the enforcement of this Confidentiality Agreement. Recipient further acknowledges that the execution by it of this Confidentiality Agreement is a material condition to the enforceability of the AIM Program Service Agreement. 9. Miscellaneous. a. No Representation or Warranty. The parties understand and acknowledge that Discloser is not making any representation or warranty as to the accuracy or completeness of the Confidential Information. b. Entire Agreement. This Confidentiality Agreement, together with the AIM Program Service Agreement, contains the entire understanding between the Parties relative to the protection of Confidential Information and supersedes all prior and collateral communication, reports and understandings, if any, between the Parties. c. Amendments; No Waiver. This Confidentiality Agreement shall not be amended, modified or supplemented except pursuant to a written instrument signed by all Parties, making specific reference to this Confidentiality Agreement. The failure of any Party or Parties to this Confidentiality Agreement to enforce at any time any one or more of the terms or conditions of this Confidentiality Agreement shall not constitute a waiver of such terms or conditions or such Party's or Parties' right thereafter to enforce each and every term or condition of this Confidentiality Agreement. d. Assignment. This Confidentiality Agreement and any rights, interests, duties, and obligations herein are not assignable, in whole or in part, by Recipient without the prior express written consent of Discloser. Discloser may assign this Confidentiality Agreement and any of its rights, interest, duties, and obligations hereunder, and upon Page 4 of 6 Vol. 153 pg. 2&74 such assignment the party to whom the assignment is made shall be deemed the "Discloser" for the purposes of this Confidentiality Agreement. e. Choice of Law; Jurisdiction, Venue. This Confidentiality Agreement shall be governed by and construed in accordance with the laws of the State of Texas (without giving effect to principles of conflicts of laws) applicable to a contract to be performed in this state. Exclusive venue for purposes of any claim, dispute or lawsuit resulting from or arising out of or to construe or enforce this Confidentiality Agreement shall be a court of competent jurisdiction in and for Brazos County, Texas. f. Binding Effect. This Confidentiality Agreement shall be binding upon and inure to the benefit of the Parties and each of their respective heirs, beneficiaries, successors and permitted assigns. g. Headings and Captions. The headings and captions used in this Confidentiality Agreement are for convenience only and shall not limit, expand, affect, or alter the meaning of any text. h. Multiple Counterparts. This Confidentiality Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. j• Authorization. Each of the Parties to this Confidentiality Agreement represent that the person executing this Confidentiality Agreement on behalf of such Party is duly authorized to execute this Confidentiality Agreement, and that all necessary corporate and/or governmental formalities required for the approval or execution of same have been performed or have occurred. SeverabiIity and Savings Clause. If any term of this Confidentiality Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then it shall be removed and this Confidentiality Agreement, including all of the remaining terms, will remain in full force and effect as if such illegal, invalid or unenforceable term had never been included. k. No Waiver. The failure of any Party or Parties to this Confidentiality Agreement to enforce at any time any one or more of the terms or conditions of this Confidentiality Agreement shall not constitute a waiver of such terms or conditions or such Party's or Parties' right thereafter to enforce each and every term or condition of this Confidentiality Agreement. I. Liberal Construction. The terms and provisions of this Confidentiality Agreement shall be construed liberally in favor of the party benefiting from such terms or provisions and any rule of construction to the contrary shall not be applied. [signature page to follow] Page 5 of 6 vol. / 53 Pg. a2 (0 7 Title: Signed by the Parties and effective as of the Effective Date. Recipient: Bryan Independent School District By. Printed Nameair j:�° Recipient: Br County, "Fxas c...By: �____ Printed Name: l guar . `Pex5 Recipient: Brazos County Justice of the Pea e, PCT 2, PL2 By: Printed Name: LA IS Discloser: AIM, LLC. (dba Center for C stice Solutions By: Printed Nam Title: Page 6 of 6 Vol. ) 53 Pg. '2 REVISED RESOLUTION Resolution Authorizing the Submission of a General Juvenile Justice and Delinquency Prevention Program Grant Application WHEREAS The name of the project for which funding is being requested is the Brazos County Attendance Improvement Management (AIM) Truancy Intervention and Prevention Project; and WHEREAS The goals and objectives for the Brazos County Attendance Improvement Management (AIM) Truancy Intervention and Prevention Project include the following: t) Decrease the number of truancy cases filed with the Court by providing AIM program services to chronically truant students and hosting one parent education class, per semester, that focuses on the definition of truancy, penalties, and ways to eliminate it. 2) Decrease antisocial behavior, pregnancies and substance abuse among students participating in the AIM program. 3) Build stronger family relationships and family situations and provide community resource information and referrals to the parents. 4) Improve school attendance of students participating in the AIM program; and WHEREAS In 2010 there were 514 cases of truancy brought before Judge Munoz, Justice of the Peace, Precinct 2, Place 2. The AIM program contract was approved in 2009 to enhance services by allowing for both monitoring and mentoring by AIM program staff. The AIM program partners with schools, law enforcement, juvenile justice, community based organizations and other agencies which recognize the link between truancy and students' future success. The Truancy Intervention and Prevention Program has been in place since 2007 and has had a significant impact on truancy in Brazos County; and WHEREAS The requested funding of S20,000 will be utilized to continue the AIM program that is currently in place and expand it by contracting additional GPS monitors to serve middle school and high school students. Brazos County Commissioners agree that in the event of loss or misuse of the Criminal Justice Division funds, the funds will be returned to the Criminal Justice Division in full; and WHEREAS Justice of the Peace Tommy Munoz has been active in this program and wishes to be named the Official designated to apply for, accept, reject, or alder the submission of a General Juvenile Justice and Delinquency Prevention Programs grant application to the Criminal Justice Division of the Governor's Office; NOW THEREFORE BE IT RESOLVED by the Commissioners Court of Brazos County, Texas that Judge Tommy Munoz shall be named the Official designated to apply for, reject, or alter the submission of a General Juvenile Justice and Delinquency Prevention Program grant application to the Criminal Justice Division of the Governor's Office. Resolved this 19th day of April, 2011 in Bryan, Brazos County, Texas. Crnntnissioner Lloyd Wassermann Precinct 1 Duane Peters, County Judge Commissioner y Mallet Prec i 3 =issi. er Sammy Catalena Precinct 2 Resolution 11-007 Vol. /53 pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010-2011 BUDGET YEAR NO. 10/11 55.1-55.2 On this the 1st day ofNovember 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cau]ey, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 1st day of November 2011 the Court heard and approved a budget amendment for the 2010-2011budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1st day of November 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. / 5`3 Pg. o2 7O BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 55.1 11/1/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1700 41006000 CR Fees - Alternative Dispute 515.00 1700 11070000 73400000 DR Dispuste Resolution Center 515.00 Alternative Dispute Resolution To increase the budget to recognized realized revenue in excess of orginal budget. voi. 153 Pg, a?7/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 55.2 11 !ILA/ FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 43,500.00 0100 11020000 61020000 DR Autopsy 21,500.00 0100 11020000 72202000 DR CRT Appointed A pp tit's - CCI., #2 22,000.00 General Fund Contingency and Court Support - Civil Reallocation of funds cover for remainder expenses that accrued m FY 11. 53 Pg. 17(2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011-2012 BUDGET YEAR NO. 11/12 5.1-5.4 On this the 1st day of November 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 1st day of November 2011 the Court heard and approved a budget amendment for the 2011-2012budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1st day of November 2011. THE COMMISSIONERS COURT OF' BRAZOS COUNTY, TEXAS. By: Duane Peters, County Ju Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. /53 pg. ;43 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 5.1 11/1/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005220 61110000 CR Conference & Seminars 865.00 2400 24005220 67203000 DR Minor Coputer Hardware 865.00 JP Tech Fund - JP 2.2 Reallocation of funds for the purchase of a scanner. Department Approval ate' Vol. 53 pg. ,� / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 5.2 11/1/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1,592.00 0100 91110000 DR Transfer to General Capital Improvement 1,592.00 4500 49028000 CR Transfer from General Fund 1,592.00 4500 63000400 80281000 DR Equipment Electronic 1,592.00 General Fund Contingency and Sanctuary Remodel Reallocation of funds to purchse Electronic Equipment for the Sanctuary. g loll Vol. / 53 pg. a 15 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 5.3 11/1/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 46024000 0100 28002000 80010000 CR Donations - Capital Asset 6,500.00 DR Donated Property -Capital 6,500.00 Sheriff - Jail Administration Applying donated Mail Processing Glove Box in proper account Item was approved on 10/25/11 during Commissioners Court, Item # 9 on the agenda. 1 oft Vol. / 5.3 Pg. lee BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 5.4 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 24,255.00 0100 91110000 DR Transfer to General Capital Improvement 24,255.00 4500 49028000 CR Transfer from General Fund 24,255.00 4500 63000500 67286000 DR Equipment - Other 24,255.00 General Fund Contingency and Capital Projects Reallocation of funds to purchase 45 armored vest at $539 each to stay in compliance with the new stipulations instituted by the Department of Justice. Requested funds have been submitted to the Department of Justice to apply for the federal grant assistance. 1 of Vol. > 53 pg. c 7 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 01, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Request(s) Applies To District Clerk Mankus, Mary Action Requested New Hire Juvenile Claypoole, John Norrid, Jeanie Randall, Ted Resignation New Hire Promotion SO-Admin Banks, Gregory Resignation SO -Jail Drosche, Kathryn Retirement Approved in Commissioners' Court: November 01, 2011: County Judge's or Commissioner's Signature: i (This Copy to be attached to minutes) Vol. 153 Pg. 0298' ACKNOWLEDGED Duane Peters County Judge 2010-2011 Sales & Marketing Report Fourth Quarter - July to September /53 pg. a17q Vol, Brazos County Expo - Quarterly Report Fourth Quarter Data — July to September 2011 Fourth Quarter Goals and Status 1 Contact 20 new groups — Accomplished 2 Book two events from the 20 new groups contacted — Not Accomplished 3 Give 3-5 site tours (not including weddings) — Accomplished 4 Retain 80% of business for the same quarter next year —Accomplished 1. Contact 20 Groups Meeting Planner Market All groups emailed/called: • Professional Association of Therapeutic Horsemanship Region 8- 2012 Conference booked but will consider for 2013 • Texas State Business Administrators Association- 2012/13 Booked in Austin/Houston, conference rotates between these two cities • Texas Pharmacy Association- Phone call- no response • Texas Association for the Education of Young Children- Book in Austin, Dallas, Houston only • Texas Association for Environmental Education- local contact, requested more information will schedule a tour in the future • Texas Deer Association -No response will follow-up • American Society of Agronomy -Texas Chapter -No response will follow-up • Texas State Association of Occupational Health Nurses- Awaiting response will follow-up • Texas Association for College Admission Counseling -No response will follow-up Equestrian Market All groups emailed/called: • 40+ Team Roping Championships -Requested more info. sent on 8/23/11 no response to follow-up* • Texas Palomino Exhibitor's Association -No response • Guadalupe Valley Quarter Horse Association -No response to phone call/follow- up • National Reined Cow Horse Association -Contact invalid -will resend if another contact found* • Southwest Reined Cow Horse Association -Requested more info. sent on 9/7/11 * • National Reining Horse Association -Events too large • Color Breed Congress- Event too large, need approximately 800 stalls • Texas Amateur Quarter Horse Association- No response to follow-up • Texas American Saddle Horse Association- Only an email address available, no opportunity to follow-up * Will contact these groups an additional time Vol. / 33 pg. 8 t' 2. Book 2 events from the 20 groups contacted We did not book any events from the list of contacts this quarter. We've learned it is difficult for groups to book their event within the short time period of our quarters. We do believe by raising awareness about our facility to these groups, especially the equestrian groups, we will see some of them book in future quarters. 3. Give 3 to 5 site tours Site tours of the expansion were given to returning customers and Open House attendees. 4. Retain 80% of business for the same quarter next year Retained Business — 17 out of 20 events this quarter have re -booked for next year — 85% • July -5 Possible Events • August -5 Possible Events • September -10 Possible Events Includes Philipp Ranch Team Roping Finals, US Calf Roping event, Labor Day Paint Horse Show which are all large events for the Expo Other Data (Other numbers we're tracking without setting goals for) Number of Individuals/Groups who contacted the Expo — 70 Number of Events Booked/Committed — 10 (All organic, separate from our direct sales efforts) • Texas Junior Simmental/Simbrah Assoc. State Show 2012 - Deposit Pending • Texas Jr. Shorthorn Association State Show 2012 - Deposit Pending • AQHA Youth World Cup 2014 - Deposit Pending • Diamond's and Dirt Barrel Racing -- 2012 (Booked during last quarter) • Delta Waterfowl Banquet December 2011 • Ministerio Eben Ezer Christmas Party December 2011 • Texas Equine Hospital Clinic December 2011 • Navasota High School Prom April 2012 • TAMU FOCUS Learning Community January 2012 • Wedding Receptions —5 Current Leads (In addition to the groups that have already toured the facility) • Can Run Events Barrel Race • American Boer Goat Association Show • Hunter/Jumper Horse Show Vol. 7 53 P$, a81 Website Stats Visits and Visitors — 8,353 visits from 6,310 visitors in 636 cities New Visitors — 5,820 or 69.68% Returning Visitors — 2,533 or 30.32% Average Page Views per Visit — 3.95 Average Time on Site per Visit — 00:02:29 Location - Top 5 visitor cities and number of visits College Station — 3,391 Houston — 1,167 Bryan -738 Austin — 302 Dallas — 233 Mobile - Top 5 devices and number of visits iPhone — 866 Android — 546 iPad — 159 iPod — 43 BlackBerry — 32 Traffic Sources — How visitors find our website and number of visits Direct (typing our url directly into their web browser) — 1,231 or 14.74% Referring (other websites linking to ours) — 1,028 or 12.31% Search (search engines Google, Yahoo, Bing, etc.) — 6,093 or 72.94% Content — Top 5 pages visited and number of views Home Page — 6,649 Calendar — 4,732 Facility — 995 Liquidation Sale Event Detail Page — 956 (July 1-3) Contact — 949 Social Media Profile Stats Facebook — 570 people "Like" our page Advertising Full page ad in Texas Meeting Planners Guide Fall Issue Full page ad in Cowboy Sports News July and August Issues Half page ad in Super Looper Magazine July and August Issues Half page ad in Barrel Racer News July and August Issues Twitter — 787 followers vol. 153 pg. a ga Brazos County Purchasing Department Weekly Update 10/21/11 — 10/27/11 Number of PO's Processed: 83 Requisitions Completed: 6 Capital Payments: 10 Projects In Progress Construction Courthouse: Phase I & II Renovation in progress Demo of old County Attorney area should be finished by 10/28 o Abatement of old CA area to begin 11/7, finish 11/11 2"d and 3`d Floor Remodel - Demo of Grand Jury room to begin 10/22 - Carpet removed in CCL #1, #2, DA area ACKNOWLEDGED Phase III - Contract sent to court for approval Bids/ RFP's/ RFQ's Aggregate for Surface Treatment Flexible Base Crack Seal High speed, low volume fans for Expo Cracked Fuel oil Renewals Janitorial Supplies Jail Cleaning Supplies Solicitation of Quotes Mail Service Duane Peters County Judge -Responses under review -Re-advertise out 10/31 -Bid out week of 1 0/1 7 - Bid out week of 11/7 -Bid out week of 11/14 - Bid solicitation in progress - Renewed -Renewed von. 15.3 Pg. 2&3 Other Auction - Purchasing is now receiving surplus from departments Sanctuary Courtroom - Additional items being purchased Purchasing Policy - Reviewing and revising policy Electronic Bid System - Contract and requirements to City of College Station for review Assets - Reconciliation on hold until fiscal year 2011 period 13 completed vol. j53 pg. a 8�