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2014-01-14-10:00AM-REGULAR MEETING
BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA ( f _ C BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 14, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. 2. Call for Citizen input and /or concerns Consider and take action on agenda items 3 - 34: 3, Permission to accept donated property In the form of 25 school desks for Brazos County Juvenile Services: estimated total value is $1.000.00. 4, Approval to Issue a county diners club credit card to Sheriffs office employee Sean McCarroll with a limit of $1.000.00 for travel purposes. 5. Request trom the Expo for the tollowino reclassifications The following reclassifications will decrease the FY 14 Expo Budget in the amount of $230.532.00. • a Delete Asst Mar. BV Fair & Expo Class Code 0843 Position 1 Group 22 Step 12 Pay Code 013 • b Delete Sr Mgr. BV Fair & Expo, Class Code 0846 Position 1 Group 27 Step 3 Pay Code 013 • c Delete Cell Phone for Sr. Mar. BV Fair & Expo Class Code 0846 Position 1, Pay Code 330 • d. Delete Clerk III, Class Code 0858 Position 1 Group 15 Step 2, Pay Code 014 • e Create Clerk III - BV Fair & Expo Class Code TBD Position 1 Group 15 Step 2 Pav Code 014 This position will be split 50 %- Expo and 50 %- Fair. • f Split fund General Mar. Expo & BV Fair Class Code 0844 Position 1 Pay Code 012. This position will be split 66.66 % - Expo and 33.34 % - Fair • a. Split fund the vehicle fringe benefits for General Mar: Expo & BV Fair, Class Code 0844 Position 1 Pay Code 305 This Item will be split 66.66% - Expo and 33.34% - Fair. • h Split fund the cell phone allowance for General Mar. Expo & BV Fair Class Code 0844 Vol. Pg.�_� J "1 Position 1, Pay Code 330. This item will be split 66.66 % - Expo and 33.34% Fair. • a. Create Asst. Mqr BV Fair & Expo. Class Code TBD Position 1, Group 22 Step 12, Pay Code 013 • b. Create Sr. Mqr BV Fair and Expo, Class Code TBD Position 1, Group 27 Step 3, Pay Code 013 • c. Create Cell Phone for Sr. Mrq BV Fair and Expo. Class Code TBD Position, 1, Group 27 Step 3, Pay Code 013 • d. Create Clerk III - BV Fair and Expo, Class Code TBD Position 1, Group 15 Step 2, Pay Code 014. This position will be split 50 %- Expo and 50 %- Fair • e. Split fund General Mqr. Expo & BV Fair, Class Code 0844 Position 1, Pay Code 012. This position will be split 66.66 % - Expo and 33.34% - Fair. • f. Split fund the vehicle fringe benefits for General Mqr. Expo and BV Fair Class Code 0844 Position 1. Pay C ode 305. This item wit( be split 66.66 % - Expo and 33.34%- Fair. • C. Split fund the cell phone allowance for General Mqr. Expo & BV Fair Class Code 0844 Position 1, Pav Code 330. This item will be split 66.66% - Expo and 33.34 % - Fair. 7. Request from the District Attorney for the following reclassification effective January 18 2014. The reclassification will not have an effect on the FY 14 General Fund Budget. • a. Delete Clerk, 1040 hours -DA Class Code 0432 Position 1 Group 1 Step 14 Pay Code 014 • b. Create Clerk Class Code TBD Position 1 Group 1 Step 14 Pay Code 016 Reauest from the Justice of the Peace Pct. #1 for the followina reclassifications effective January 18 2014. The reclassification will result in a savings for FY 14 in the amount of $7,161.00. • a. Delete Dart-time Clerk III - JP. Pct. 1, Class Code 0631 Position 1, Group 12 Step 17 Pay Code 016 • b. Delete part-time Clerk III - JP, Pct. 1, Class Code 0631 Position 2, Group 12 Step 11 Pay Code 016 • c. Create a 314 time Clerk 111 -JP, Pct. 1, Class Code 0632 Position 1, Group 12 Step 11 Pay Code 015 g. Approval of Job Description for Clerk III- 1560hrs (Class Code 632 Position 1) for J.P. Pct. 1. 10. 11 12. Consider and take action on an agreement for the payment and use of Brazos County funds by and between Brazos Valley Fair & Exposition and Brazos County , Texas. 13, Payment Authorization to Tharg's Printing Services in the amount of $380.00 for envelopes needed for the District Clerk's Office; a ourchase order was not obtained In advance. 14. Payment Authorization to Texas Psychological Career Center in the amount of $280.00 for a lob posting; a purchase order was not obtained In advance 15. Payment Authorization to Midland Newspapers Inc. DBA The Eagle in the amount of $1.200.00 for iob Postings; a purchase order was not obtained in advance. 16. Payment Authorization to Texas Communications in the amount of $65.00 to connect a data radio to charge guard for Constable Pct 3• a ourchase order was not obtained in advance 17, Permission to advertise bid # 2014.25 Fire Alarm Panel and Smoke Detector Insoections. Vol. % Pg.�_ 18. Renewal of bid #2014 -21 R Network Cabling Parts with Anixter. 19. Renewal of bid 92014 -22R Fence Building with Hovorak Fence Construction. 20. Consider and award of RFP # 2013 -88 Courthouse Renovation- Phase IV and approval of contract and requisition. 21. Consider and award of RFP # 2013 -89 Arena Hall Parking Lot Renovation and approval of contract and requisition. 22. Consider and award of 2014.05 Lane Striping and Pavement Markers. 23. Consider and take action on SOO #2014 -08 Fire Panel and Smoke Detector Inspections. Purchasing recommends no award on this contract in order to formally bid the services. 24. Approval of Pay Connexion Contract with JP Morgan Chase for merchant services. 25. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Old Reliance Road approximately 4.780' southwest of Andert Road. Project will connect several oil wells in the area. Site is located in Precinct 2. 26. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Wilcox Lane approximately 3.790' northeast of FM 974. Project will connect several oil wells in the area. Site is located in Precinct 2. 27. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line throuah roadway culvert located on Wilcox Lane. Proiect will provide water to oil well. Site is located in Precinct 2. 28. Tax Refund Applications for the following: • a. Gregory Schlelack- overpayment- $16.92 29. Commissioners Court minutes for the following dates: • a. December 3.2013 - Reaular Meetln • b. December 9, 2013 - Workshop Session • c. December 10, 2013 - Regular Meeting • d. December17, 2013 - Regular Meeting • e. December 20, 2013 - Public Hearing • f. December 24, 2013 - Regular Meeting • a. December 31, 2013 - Regular Meeting 30. Budget Amendments. Budget Amendments FY 13/14 14.1 thru 14.8 31. Approval of capital change order #14001539 -1 in the amount of $1.441.00 to purchase a max trailerina tow Package for the Sherriff's Office Pickup. 32. Capital requisition #00045738 to Brookside Equipment in the amount of $30,173.44 for the Exposition Complex to purchase a tractor. This Item Is being bought using Buy Board contract #373 -11. 33. Personnel Change of Status. Personnel Action Forms 34. Payment of Claims. 35. Acknowledgement of monthly reports submitted in December 2013. 36. Sheriff's report on inmate population. Vol. %`r Pg. __ J 37. Announcement of interest items and possible future agenda topics. 38. Call for Citizen input and /or concerns. 39. Adjourn. Vol. l t P', `� PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and o8 the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda hems and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers 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 property 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. % Pg. BRAZOS COUNTY BRYAN,TEXAS NOTICE OF ADDENDUM in ?v -'PI 10 1= 4: 31 BRAZOS COUNTY COMMISSIONERS COURT In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following item(s): MEETING January 14, 2014 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration PLACE: Building, 200 South Texas Avenue, Suite 106, Bryan, Texas Agenda 1 The Commissioners Courtroom of the County Administration Building, 200 South Texas Avenue, Suite 106, Bryan, Texas 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. / 7 Pg. � BRAZOS COUNTY BRYANJEXAS MINUTES January 14, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING LU Signature Page.0 E File Stamped Agenda.pdf n File Stamped Addendum.pdf Q:: Sign in sheet.0 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 10:00 a.m. on Tuesday, January 14 , 20114 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 34: LVOI. Pg. / 3. Permission to accept donated property in the form of 25 school desks for Brazos County Juvenile Services; estimated total value is $1,000.00. C, Item 3.0 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Approval to issue a county diners club credit card to Sheriffs Office employee Sean McCarroll with a limit of $1,000.00 for travel purposes. Ili: Item 4.1)df Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. Request from the Expo for the following reclassifications. The following reclassifications will decrease the FY 14 Expo Budget in the amount of $230,532.00. Item 5.0 • a. Delete Asst. Mgr. BV Fair & Expo, Class Code 0843 Position 1, Group 22 Step 12, Pay Code 013 • b. Delete Sr. Mgr. BV Fair & Expo, Class Code 0846 Position 1, Group 27 Step 3, Pay Code 013 • c. Delete Cell Phone for Sr. Mgr. BV Fair & Expo, Class Code 0846 Position 1, Pay Code 330 • d. Delete Clerk III, Class Code 0858 Position 1, Group 15 Step 2, Pay Code 014 • e. Create Clerk III - BV Fair & Expo, Class Code TBD Position 1, Group 15 Step 2, Pay Code 014. This position will be split 50% - Expo and 50% - Fair. • f. Split fund General Mgr. Expo & BV Fair, Class Code 0844 Position 1, Pay Code 012. This position will be split 66.66% - Expo and 33.34% - Fair • g. Split fund the vehicle fringe benefits for General Mgr. Expo & BV Fair, Class Code 0844 Position 1, Pay Code 305. This item will be split 66.66% - Expo and 33.34% - Fair. • h. Split fund the cell phone allowance for General Mgr. Expo & BV Fair, Class Code 0844 Position 1, Pay Code 330. This item will be split 66.66% - Expo and 33.34% Fair. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . Request to create a Fair Administration Division under the Exposition Department. This will help assist staff to account for Fair related expenditures in one division. The following positions being created will have an increase to the FY 14 Fair Administration in the amount of $230,532.00. t Item 6.odf • a. Create Asst. Mgr BV Fair & Expo, Class Code TBD Position 1, Group 22 Step 12, Pay Code 013 • b. Create Sr. Mgr BV Fair and Expo, Class Code TBD Position 1, Group 27 Step 3, Pay Code 013 • c. Create Cell Phone for Sr. Mrg BV Fair and Expo, Class Code TBD Position, 1, Group 27 Step 3, Pay Code 013 • d. Create Clerk III - BV Fair and Expo, Class Code TBD Position 1, Group 15 Step 2, Pay Code 014. This position will be split 50% - Expo and 50% - Fair Vol. / y'Ll__ e. Split fund General Mgr. Expo & BV Fair, Class Code 0844 Position 1, Pay Code 012. This position will be split 66.66% - Expo and 33.34% - Fair. f. Split fund the vehicle fringe benefits for General Mgr. Expo and BV Fair, Class Code 0844 Position 1, Pay C ode 305. This item will be split 66.66% - Expo and 33.34% - Fair. g. Split fund the cell phone allowance for General Mgr. Expo & BV Fair, Class Code 0844 Position 1, Pay Code 330. This item will be split 66.66% - Expo and 33.34% - Fair. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. Request from the District Attorney for the following reclassification effective January 18, 2014. The reclassification will not have an effect on the FY 14 General Fund Budget. Ls Item TO a. Delete Clerk, 1040 hours -DA, Class Code 0432 Position 1, Group 1 Step 14, Pay Code 014 b. Create Clerk, Class Code TBD Position 1, Group 1 Step 14, Pay Code 016 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Request from the Justice of the Peace, Pct. #1 for the following reclassifications effective January 18, 2014. The reclassification will result in a savings for FY 14 in the amount of $7,161.00. LZ Item 8.0 a. Delete part-time Clerk III - JP, Pct. 1, Class Code 0631 Position 1, Group 12 Step 11, Pay Code 016 b. Delete part-time Clerk III - JP, Pct. 1, Class Code 0631 Position 2, Group 12 Step 11, Pay Code 016 c. Create a 3/4 time Clerk III - JP, Pct. 1, Class Code 0632 Position 1, Group 12 Step 11, Pay Code 015 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 9. Approval of Job Description for Clerk III- 1560hrs (Class Code 632 Position 1) for J.P. Pct. 1. Item 9.0 A copy of the job description 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 . 10. Request additional funding to purchase a John Deere 5083E Utility Tractor, approved in the FY14 Capital Budget, for the Brazos County Exposition complex. The amount approved for FY 14 was $29,983.00 and the actual cost now is $30,173.44, which is $190.44 higher than approved amount. E Item 10.1)df Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 11. Consider and take action on an agreement for the payment and use of Brazos County funds by and between Brazos Valley Fair & Exposition and Brazos County, Texas. E Item 11.pdf A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 12. Payment Authorization in the amount of $100,000 to wire funds from Hotel Occupancy Tax Fund (Exposition Complex), Division 11002500, Account 73040000 (Brazos Valley Fair) to the Bank and Trust, Brazos Valley Fair & Exposition Account per approved FY 2014 budget and contract agreement for the payment and use of Brazos County Funds by and between Brazos Valley Fair & Exposition and Brazos County. Item 12.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Payment Authorization to Tharp's Printing Services in the amount of $380.00 for envelopes needed for the District Clerk's Office; a purchase order was not obtained in advance. C Item 13.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. Payment Authorization to Texas Psychological Career Center in the amount of $280.00 for a job posting; a purchase order was not obtained in advance. tS Item 14.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 15. Payment Authorization to Midland Newspapers Inc. DBA The Eagle in the amount of $1,200.00 for job postings; a purchase order was not obtained in advance. LZ Item 15.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 16. Payment Authorization to Texas Communications in the amount of $65.00 to connect a data radio to charge guard for Constable Pct. 3; a purchase order was not obtained in advance. E Item 16.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann . 17. Permission to advertise bid # 2014 -25 Fire Alarm Panel and Smoke Detector Inspections. lE Item 17.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 18. Renewal of bid #2014-21R Network Cabling Parts with Anixter. lC Item 18.0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 19. Renewal of bid #2014 -22R Fence Building with Hovorak Fence Construction. Item 19.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 20. Consider and award of RFP # 2013 -88, Courthouse Renovation- Phase IV and approval of contract and requisition. Item 20.0 The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #2013 -88 Courthouse Renovations -Phase IV to Madison Construction, approved the contract and requisition. Copies are attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 21. Consider and award of RFP # 2013 -89, Arena Hall Parking Lot Renovation and approval of contract and requisition. Item 21.odf The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract 2013 -89 Arena Hall Parking Lot Renovation to Dudley Construction and approved the contract and requisition. Copies are attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 22. Consider and award of 2014 -05 Lane Striping and Pavement Markers. 9'. Item 22.0 The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract 2014 -05 Lane Striping and Pavement Markers to N -Line Traffic. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 23. Consider and take action on SOQ #2014 -08 Fire Panel and Smoke Detector Inspections. Purchasing recommends no award on this contract in order to formally bid F Vol. /�� Pg. �� the services. 0-1 Item 23.0 The Court approved as submitted a request from the Purchasing Department to not award SOQ #2014 -08 Fire Panel and Smoke Detector Inspection in order to formally bid the services since it exceeds $50,000. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 24. Approval of Pay Connexion Contract with JP Morgan Chase for merchant services. L Item 24.pdf A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 25. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Old Reliance Road approximately 4,780' southwest of Andert Road. Project will connect several oil wells in the area. Site is located in Precinct 2. L Item 25.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 26. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Wilcox Lane approximately 3,790' northeast of FM 974. Project will connect several oil wells in the area. Site is located in Precinct 2. LT. Item 26.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard , Peters , Wassermann . 27. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line through roadway culvert located on Wilcox Lane. Project will provide water to oil well. Site is located in Precinct 2. Item 27.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 28. Tax Refund Applications for the following: L Item 28.odf . a. Gregory Schielack- overpayment - $16.92 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 29. Commissioners Court minutes for the following dates: Vol. Pg. /�- • a. December 3, 2013 - Regular Meeting • b. December 9, 2013 - Workshop Session • c. December 10, 2013 - Regular Meeting • d. December17, 2013 - Regular Meeting • e. December 20, 2013 - Public Hearing • f. December 24, 2013 - Regular Meeting • g. December 31, 2013 - Regular Meeting Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 30. Budget Amendments. Budget Amendments FY 13/14 14.1 thru 14.8 Item 30.0 14.1 Reallocate funds for 85th District Court 14.2 Reallocate funds for District Attorney 14.3 Reallocate funds for Treasurer 14.4 Reallocate funds for County Ag Extension 14.5 Reallocate funds for County Ag Extension 14.6 Reallocate funds for County Auditor 14.7 Reallocate funds for General Capital Improvement Fund 14.8 Reallocate funds for General Capital Improvement Fund Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Wassermann . 31. Approval of capital change order #14001539 -1 in the amount of $1,441.00 to purchase a max trailering tow package for the Sherriffs Office pickup. E Item 31.0 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard . Peters . Wassermann . 32. Capital requisition #00045738 to Brookside Equipment in the amount of $30,173.44 for the Exposition Complex to purchase a tractor. This item is being bought using Buy Board contract #373 -11. 9 Item 32.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 33. Personnel Change of Status. Personnel Action Forms E Item 33.od( A copy of the personnel Change of Status Requests is attached. Dr. Doug Vance Director of Juvenile Services introduced Ms. Barbara Roberts, Interim Superintendent of Juvenile Services. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner VJI. — 1 %v pg. /3 LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 34. Payment of Claims. !L Claims Sheet.odf ME BILL LIST 01.14.14.0 f 9Z Addendum.odf 7117531 through 7117755 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. At this point the Court considered an addendum to the agenda which was discussion and possible action to approve a plan for the north wing courtroom in the Brazos County Administration Building where the 361 st District Court will be temporarily relocated during upcoming courthouse renovations. Judge Steve Smith of the 361 st requested a permanent bench in the north wing to be used by the 361st District Court for the next nine (9) months and others later. The County Judge reminded Judge Smith that Justice of the Peace Precinct 2 Place 2 will be abolished January 1, 2015 and because of that he does not want to spend money for a permanent bench, not to mention the money already spent on remodeling the old sanctuary for use as a courtroom. He said he feels that this is temporary and not for long term use. The JP courtroom can be used. Judge Smith replied that the JP courtroom is not equipped for a District Judge and the sanctuary is too large to secure. He likes the second floor north wing. Judge Smith also said he feels that a permanent courtroom will be needed before long in this county. Judge Peters repeated that it is his preference not to spend the money on a temporary situation. The 361 st can use the sanctuary as their courtroom and office on the second floor. Aside from that, Facilities Maintenance is busy. The move will take place around March. Ruth McLeod, Administrative Assistant reminded the County Judge that the sanctuary is a polling place The Sheriff spoke on the extra manpower that he has to use for courtrooms outside the courthouse. The County Judge said in light of the elections he admitted that they probably need to do something to the second floor north wing at least temporarily. The County Judge and Ernest Stuffs, Facilities Manager discussed options for the bench. Eric Caldwell, County Information Officer asked if tis room has appropriate audio equipment for use. Judge Smith stated that he thought microphones would be the only thing needed. It is most difficult to hear during voir dire but he has discussed switching courtrooms with another District Judge on jury selection day. Mr. Caldwell said he would look into the audio. Then on motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to proceed with the most cost effective method of converting the second floor north wing for use by the 361st District Court provided there are no additional audio needs. The motion carried unanimously. Vol. _�_.�_ Pg. /S� Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 35. Acknowledgement of monthly reports submitted in December 2013. V: Item 35.odf The Court acknowledged receipt of the Extension Service reports for December 2013 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 36. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 579 inmates in jail, 39 have electronic monitors and 7 are pending for monitors. 37. Announcement of interest items and possible future agenda topics. There were no announcements. 38. Call for Citizen input and /or concerns. Bill Ballard Civil Counsel informed the Court that the City of Bryan had passed an ordinance to allow the lease of property for oil exploration. In order for Counties to lease their property they have to go through an auction process. There have been requests by oil businesses to use county property. He would like to know if the Court would like to hear more. Bill Ballard introduced Mr. Tyrus Brailey with JP Morgan Chase Bank who was here for agenda item #24. He will be available after court if anyone has any questions on that item. 39. Adjourn. Vol. pg. The foregoing minutes of the Commissioners Court meeting held January 14, 2014 have been examined and are approved in open Court this 7 day of in Bryan, Brazos County, Texas. Duane Peters County Judge Commissioner, Precinct 4 UITM Karen McQueen County Clerk Vol IV Page / G Lloyd Wassermarm Commissioner, Precinct 1 r'Z''� Kenny Mallard Commissioner, Precinct 3 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON /Lf� —200L/6T--/9:00 4�m Name Organization /Dep ment EP,1C Cv+Lb UAL T 7 Ag Q G� 7 Az i I au i S Pv, -(Jha; in �' Ar � \1 t� S ,z�- AS jju�4w G- :1z u p Vol. �%� Pg. 47 c BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2G96 AT /c, 00 Name (PLEASE PRINT) Organization /Department --)f w6recA, Pz fiVAI � tr r,11 1-: �v i A /3c Ir s L c� e-11 Vol. pg. -r BRAZOS COUNTY COMMIIP��NERS COURT Meeting on �� �Q"^i _ T >� L�) 00 am Name Organization / Department A-U- e; JP /AL L PAGE of It Vol. P929 3�k � Brazos County, Texas Commissioners Court Acceptance of Donated Property Description: �Au6' n1 IYtrY-) 70AlCLS (;Du>1iv,_Ju,1t ✓ nlle. ?Mbcdwr) Estimated Value: $ 4C) C[G X as - I,�C)C).CO I certify that the above mentioned item has been donated to Brazos County. 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Pay Group: 12 Department: Justice of the Peace FLEA Status: Non Exempt Reports To: Justice of the Peace Approved Date: 01/142014 EEOC Category: _ Paraprofessional General Summary: —� Coordinates and maintains the court's calendar and docket for Justice of ins Peace; ado as a liaison between the judge and general public regarding the court calendar, schedule of settings; balances books; prepares reports; records and flies various doeunenls; and assists colaly personnel and the general publ c Essential Duties: schedules court proceedings and maintains court calendar, including resolving calendar conflicts for judge, attorneys and litigants with approval of court; Acts as a liaison between the judge and general public regarding the court calendar and schedule of settings; Coordinates the availability of lawyers, parties, and court personnel in setting the docket; Sets and supervises movement of cases and various proceedings; Posts and distributes copies of dockets to appropriate offices; Maintains awareness of developments in court activities and reports all delays in case movement; Notifies parties to ensure their appearance at proceedings; Ensures that defendants appear in court; Types and prepares paperwork for setting of cases . Malls all appropriate paperwork to all parties; Receives and posts payments for traffic violations, fines, and court costs; Maintains inventory of office supplies, Including placing orders; Assists with jury trials, including checking in prospective jurors, preparing excuse letters, and collecting and tallying pay forms; Prepares and balancea dally books and deposits; Prepares monthly reports; Records and files all death certificates, Inquests, and autopsy reports; and Provides assistance to the public, including answering phones, assisting people at the front counter and directing people to the appropriate offices, Other Duties as assigned. (1%) $llpeNis" Received: Received from Justice of the Peace Given: This Is a non-supervisort, position. However, provides direction to other court personnel. -- Education - - _ Required: Nigh school graduation or lu equivalent: or any equivalent combination of education and expeMnce that -- provides me required knowledge, skills, and abilities. — Preferred: -- - — -- -- - Experience Required: At bast two years of expedenba. -- — Preferred: Certificates, Licenses, Registrations — Required: None. —! Preferred: - - -- — — Physical Demands TyPIMI: The physical demands described here are representative of those that must be met by an employee to euccessfuly perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While pedom ing the duties of this job, the employee is regularly required to sit: use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk, The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. The employee may oceasionalty be caged upon to perform acts of intense physical exertion during emergency situations. Specific vision abilities required by this job Include close vision, distance vision, peripheral vision, color vision, end ability to adjust focus. Vol. / % Pg. Court rules, procedures, and regulations: trial proceedings and orders; standard office practices and procedures; basic bookkeeping procedures; and computers. Read and apply the law in preparing and organizing court's charges; operate computers, including word processing and spreadsheet software; type accurately; effectively manage case load) perform basic mathematical tabulations; understand and follow Instructions; write letters and memos; identify problems and recommend solutions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers. Judges, attorneys, and the geheml pubdc. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. while performing the essential duties of this job, the employee Is constantly required to work closely with others as a part of a team, The employee is frequently required to perform multiple teaks simultaneously. PPRO Duane Peters DWI County Judge Vol.... Pg. .,-7o AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS BY AND BETWEEN BRAZOS VALLEY FAIR & EXPOSITION AND COUNTY OF BRAZOS, STATE OF TEXAS THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF BRAZOS THIS AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS ( "Agreement") is made and entered into by and between BRAZOS VALLEY FAIR & EXPOSITION, a Texas nonprofit corporation ( "Fair ") and COUNTY OF BRAZOS, STATE OF TEXAS ( "County"), acting by and through duly authorized agents and offices, and is effective for all purposes on this October 1, 2013 ( "Effective Date "). WITNESSETH WHEREAS, the County finds a public purpose in the encouragement, promotion, and maintenance of agricultural education, science, and research; and WHEREAS, the Fair was formed for educational, scientific and charitable purposes to encourage, promote and maintain agricultural science, research, and educational functions and to provide scholarships for youth participants ( "Purpose "); and WHEREAS, the County has provided Funds (as defined herein) for the support of said Purpose; and WHEREAS, the Fair will provide educational programs and opportunities for the youth and adults of the community in the areas of agricultural science and research; and NOW, THEREFORE, for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged, the Fair and County agree as follows: AGREEMENT 1. TERM. The Term of this Agreement shall be one (1) year from the Effective Date. 2. FUNDS. Fair shall be funded from certain available revenues generated pursuant to the Hotel Occupancy Tax, Texas Tax Code, Chapter 352, and shall be disbursed by the County during the Term of the Agreement. Fund disbursement shall be authorized by Hotel Occupancy Tax Committee. The County has no control or authority over the Funds and shall make no disbursements of said Funds without Hotel Occupancy Tax Committee authorization. 1 FAIR EMPLOYEES. The County shall provide salaries in the proportions set forth in this Paragraph 3, for the following positions: 2013.2014 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docxPage 1 Vol. Pg. �� a. 100% of the Assistant Fair Manager position; b. 100% of the Senior Fair Manager position; c. 50% of the Clerk III position; and d. 33.34% of the General Fair Manager position. Health insurance and other benefits equivalent to that of County employees shall be available in the same proportions set forth in this Paragraph 3.a -d. These Fair Employees will be treated as County employees for purposes of personnel and payroll policies and procedures. These Fair Employees are subject to the same statutory provisions as County employees regarding all wages and benefits. Fair Employees shall be available to assist in all aspects of the operation of the Brazos County Expo. 4. PAYROLL SERVICES. The County shall provide payroll services for all Fair Employees for the Term of this Agreement. S. OFFICES. Fair Employees shall be allocated use of office space at the Brazos County Expo Complex for the Term of this Agreement. The County may relocate Fair Employee's offices as needed at the sole discretion of the County. Utilities for Fair ' Employee offices shall also be provided by the County. 6. LEGAL SERVICES. County may provide, at the County's sole discretion, general legal services for the Fair on a case by case basis. The County may cease to provide legal services at any time the County deems there to be a. possible conflict of interest, or if the County determines that the legal services requested by the Fair are of a nature that is incompatible with County duties. 7. GENERAL OFFICE SUPPLIES AND EQUIPMENT. The County shall provide one (1) computer, office furniture and telephones /facsimile. 8. VEHICLES. The County shall provide one (1) vehicle to the Fair for use in conjunction with Fair activities and business. The County shall provide insurance for said vehicle at no cost to the Fair. Use of County vehicles by Fair Employees must comply with County policies on vehicle usage. 9. INFORMATION TECHNOLOGY SERVICES. The County shall provide the following Information Technology services during the Term of the Agreement: a. Internet access b. Computer hardware configuration and installation c. General troubleshooting and IT help desk services 10. INTERNAL AUDIT REQUIREMENTS. The financial data for the Fair will be incorporated into the County's Comprehensive Annual Financial Report for as long as the Fair qualifies as a component unit of the County based on Generally Accepted Accounting Principles. Fair will report financial data quarterly to the Brazos County Auditor's office in accordance with the County's accounting policies, definitions and usage. Fair shall maintain fiscal records and supporting documentation in the form of canceled checks, payroll records, invoices, and /or other documentation required for all 2013 -2014 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docxPage 2 E�l" pg_-,� expenditures of funds made under this agreement and shall allow the Brazos County Auditor access thereto upon reasonable request. 11. EXTERNAL AUDIT REQUIREMENTS. (IF REQUESTED BY the BRAZOS COUNTY AUDITOR) The Fair 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. The Fair 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 Fair 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 Fair 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 Fair under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined or agreed to 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 Fair. During said audit, The Fair shall require that a management letter be prepared by auditor. The management letter shall identify issues not required to be disclosed in the annual financial report but shall state any concerns and suggestions noted during the audit. Annual financial statements (audited if available) are due to County within six (6) months of completion. 12. RECORDS. The Fair is responsible for all record keeping associated with Fair activities. The Fair shall maintain and make available for inspection by the County upon request, consistent with federal and state law, any and all records the County determines, at its sole discretion, to be necessary for the Commissioners Court of Brazos County to justify its continued participation in supporting the Fair with funding. Said records shall be retained and made available for inspection and audit by the County upon reasonable notice. The Fair shall retain all records for a period of five (5) years. 13. VENUE AND GOVERNING LAW. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be in Brazos County. 14. 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 thereto. 15. SOVEREIGN IMMUNITY. The parties understand that the County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, the County is not responsible for any civil liability that arises from any act or omission made within the _course and scope of this Agreement. The parties understand and agree that the County does not assume civil liability under any theory of law for the actions of the Fair in providing services hereunder. 2013 -2014 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docxPage Vol. 16. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 17. 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. 18. COUNTY INVOLVEMENT. The County and Fair 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. 19_ TERMINATION. This Agreement may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non - terminating party at the addresses listed below. 20. NOTICES All notices to the Brazos Valley Fair & Exposition shall be sent by certified or registered mail, addressed to: Brazos Valley Fair & Exposition 200 South Texas Avenue, Suite 329 Bryan, Texas 77803 with a copy to: Fair General Manager 5827 Leonard Road Bryan, Texas 77807 All notices to County of Brazos shall be sent by certified or registered mail, addressed to: County of Brazos 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 21. ACCEPTANCE OF TERMS. The signature of both parties shall evidence acceptance of these terms. [SIGNATURES TO FOLLOW ON NEXT PAGE] 2013 -2014 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docxPage Vol. - —� pg. 3- Brazos Valley Fair & Exposition a Texas nonprofit corporation By: Jim Mazurkiewicz, President ATTEST County Clerk, Brazos County Karen McQueen County of or to of exas By: uane eters, ounty Judge 2013 -2014 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docxPage Vol. � pg. 3,5— Ig j %E C p r Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 3614293 Charles Wendt, Purchasing Agent Leslie Contreras, Asst. Purchasing Agent Gail Davls, Buyer If Mandy Rutledge, Buyer 11 Tiffany Alvarado, Buyer I December 12, 2013 Anixter Phone: 979.690 -8925 9900 Sam Houston Center Dr. Ste. 200 Fax: Houston, TX 77064 Email: calvin.sellars @anixter.com Attn: Calvin Sellars Re. Renewal of Contract for Network Cabling Para — 2014.21R Brazos County would like to exercise the renewal option for Network Cabling Parts 2014 -21 R previously known as 2013.28. Ali terms, conditions and pricing shall remain the same. After Commissioner's Court approval, the renewal will start January 16, 2014 through January 15, 2015. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to gdavis @brazoscountytx.gov or fax to (979) 361.4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361.4291. ContactName: & IV/nl 'Se—( le—r5 Telephone: 2181' SQY' 3676 E -Mail: 0,a1V14(• Sejlerg ® AUW.dQ0 Fax: 281" 99I "3601 ANIXTER INC Signature Date Vol. � P9,_2�__ 19 V r n, DEC 302013 t , , r, Brazos County �R Purchasing De artme r �• n} 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361-4293 Charles Wendt, Purchasing Agent Leslie Contreras, Asst. Purchasing Agent Gail Davis, Buyer I1 Mandy Rutledge, Buyer H Tiffany Alvarado, Buyer I December 16, 2013 Hovorak Fence Construction Phone: 979 - 690 -8925 P.O. Box 631 Fax: Caldwell, TX 77836 Email: Andrewhovorak @yahoo.com Arm: Andrew Hovorak Jr. Re: Renewal of Contract for Fence Building — 2014 -22R Brazos County would like to exercise the renewal option for Fence Building 2014 -22R previously known as 2013- 33. All terms, conditions and pricing shall remain the same. After Commissioner's Court approval, the renewal will start February 19, 2014 through February 18, 2015. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to gdavis @bmzoscountytx.gov or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4291. Contact Name: 4�/ e6a) f -l0l/02q/,e Telephone: V 7,? — .2o20 — 50,5o E- Mail: Cy,r, Fax: 9 7'? — 56 7 — .3C0 3 ORA.K FENCE CONSTRUCTION 4LtJOr, /a - ;2-j/- /3 r Signatur Date BRA Duane Peters, County Judge Date Vol. / �y Pg..3 7 i v N f6 s a C O }+ m O C NN� cc O t t O V 00 00 M O N `0 c 8 0 �g u 0 0% • N N A K-1 7 C L 00 8 00 0 00 00 u'1 O O Q O II N ri0" ~ A6v0c v O , N m N c LM T ar A 0 c N 0 0 0 0 0 m a a x .o � a v a` w E F- a 0 v CL E u0 N N V yy m Q V c a . U `m 0 E 0 N E 3 w c a CU c_ 0 Y m O O a C._ 4) U c 0 m v c E E > E occ Vol. p9_3� AGREEMENT FOR CONSTRUCTION OF (RENOVATION OF COURTHOUSE- PHASE IV) RFP #2013 -88 BRAZOS COUNTY, TEXAS C:\Users \Matt\AppDatalLocal \Microsoft \Windows\Temporary Internet Files \Content.OuU0ok1WHLPQQ35 \Phase IV Draft Agreement • (version 01 -2014) (2).docx �-'!— Page 1 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract C:\ Users \Matt\AppOata\Local \Microsoft \WindowslTemporary Internet FileslContent.OutlooklW HLP00351Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 2 q� b AGREEMENT FOR RENOVATION OF BRAZOS COUNTY COURTHOUSE — PHASE IV This Agreement for the RENOVATION OF BRAZOS COUNTY COURTHOUSE — PHASE IV, Brazos County, Texas, in the amount of FIVE MILLION NINE HUNDRED THOUSAND AND no. 11.00 DOLLARS ($5,900,000.00), is entered into this i0 day of January, 2014 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Ste. 352, Bryan, Texas 77803, and MADISON CONSTRUCTION, L.P. (hereinafter referred to as "Contractor"). The RENOVATION OF BRAZOS COUNTY COURTHOUSE — PHASE IV is hereinafter referred to as the "Project." The Arch itecUEngineer for the Project is the firm of (Patterson Architects) and is hereinafter referred to as "Architect." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the "Agreement "), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # 2013 -88 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the 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 or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub - paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatible electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Architect or Architect's consultants; (2) between the Owner and a Subcontractor or Sub — subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. C:\ Users \MattlAppData \Local\Microsoft\Windows \Temporary Internet Files \Content.OuUook\WHLPQQ351Phase IV Draft Agreement- (version 01 -2014) (2).docx Page 3 Vol. _ /� pg. `�� 1.1.2.1 SUMMARY OF THE CONTRACT PRICE: Contractor's price schedule, Exhibit E, indicated a best and final offer of FIVE MILLION NINE HUNDRED THOUSAND AND no./1.00 DOLLARS ($5,900,000.00) inclusive of Alternate #1 and Alternate #2. 1.1.3 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 to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the RENOVATION OF BRAZOS COUNTY COURTHOUSE — PHASE IV in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: GENERALLY, the Project consists of the renovation of the fourth floor of the Brazos County Courthouse including demolition of the existing detention facilities and the construction of courtrooms, offices and general common areas. Owner and Contractor have further agreed acceptance of the following: Alternate #1, Justice of the Peace and Constable areas as indicated in the drawings and Alternate #2, Refinish existing terrazzo stairs and landings (grind, polish, seal), from first floor to the third floor. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined either place shall have the meanings commonly attributed to them by the particular trade involved. Provide: shall be understood to mean: "Furnishing of all labor, materials, C: \Users \Matt\AppDatalLocal \Microsoft \Windows\Temporary Internet Files \Content.Outlo0k\WHLPQ0351Phase IV Draft Agreement- (version 01 -2014) (2).docx — __ _ Page 4 IVol. /95� pg. 41°2 i equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as Indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work calculated from the date of signing of this Agreement until Substantial Completion as defined under Article 9.8. .6 Day: A calendar day beginning and ending at 12:00 midnight .7 Equal; approved equal; Architect approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Architect, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Architect and Owner. .8 Date of Final Completion: The date when Architect and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —In— Contract ( N.I.C.): Work not included in this Contract. .11 And /or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. C:\ Users \MaUVAppOatalLocahMicrosoft\Windows \Temporary Internet FileslContent .0utlook\WHLP00351Phase IV Draft Agreement- (version 01 -2014) (2).docx �_. Page 5 Vol. _ /9v pn <13 .12 General Contractor: Same as Contractor. 13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. 14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non- recoverable costs by the Contractor and /or subcontractors. 15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non- recoverable cost after shop drawings, samples and /or schedules related to the change have been reviewed and found acceptable. 16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. 17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. 18 AgreemenUContract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described C:\ Usersl MattWppData \LocalSMicrosoft\Windows \Temporary Internet Files \Conlent.OudookVWHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docz Page 6 �u 1. /y interpreted as mandatory elements of the Contract. 23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Architect mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect' and any derivative thereof, as used in reference to the Architect shall mean; Type of evaluation that a reasonably prudent architect, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 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 shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub - contractor or supplier. 1.2,3. Unless otherwise stated in the Contract Documents, words which have well — known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. RFP 4 2013 -88 E. Special Conditions F. Specifications and Drawings. In the case of an inconsistency between C:\ Users\ Matt \Appoata\LocalSMicrosoft\Windows \Temporary Internet Files\Content .Outlook \WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docz Page 7 � r Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Architect. G. Wage Rate 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein, but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses 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" 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. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and/or Architect's consultants are Instruments of the C:1 Usersl MattAppDatalLocal \MicrosoftlWindowslTemporary Internet FilesiContent.Outlook\W HLP00351Phase IV Draft Agreement- (version 01 -2014) (2).docx - - -- -- - --- ----- - - - - -- -. Page 8 / Vol. — 15' pg. �� Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub — subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect or the Architect's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Architect Agreement. The Drawings, Specifications and other documents prepared by the Architect, 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 written consent of the Owner, Architect and /or Architect's consultants. The Contractor, Subcontractors, Sub — subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and /or Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and /or 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 Architect's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Architect may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub - subcontractor, and material and equipment supplier, or others versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Architect or Architect's Consultants will furnish electronic data in software format in use by Architect at the time Architect's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Architect, Architect's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Architect, Architect's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, and others understand that the conversion of electronic C:\ Users\Mett\AppData \LocaRMicrosofl \W indows\Temporery Internet Files \Content.OudookIWHLPQQ35 \Phase IV Draft Agreement - (version 01 -2014) (2).docx ^ Page 9 information and data supplied by the Architect or Architect's consultants from the system and format used by the Architect or Architect's consultants to an alternative or upgraded system or format, whether performed by Architect, Architect's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Architect and/or Architect's consultants furnish electronic data, the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, and others agrees to hold Architect, Architect's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Architect or Architect's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub - subcontractor, and material and equipment supplier, or others, any reference to the Architect and Architect's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings. Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Architect, Architect's consultants and Owner from and against, any claim or liabilities arising out of such use. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owners representative is Gary Arnold, Director of Planning and Traffic, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is 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 at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, C:\ Users \Matt\AppData\LocaAMicrosoft \Windows \Temporary.tntemet Fires \Content_Outlook\WHLPQ035 \Phase IV Draft Agreement- (version 01 -2014) (2).docx Page 10 Vol. ��� -- Pg.— which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, 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 Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled (punch listed) to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with 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. C:1Usersl Matt\ AppData \Local\MicrosohlWindowMTemporary Internet Files\Content.0utook%W HLP00351Phase IV Draft Agreement -(version 01 -2014) (2).docz -- - - -- �' —'- - -� , / Page 11 Vol. pg. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety, if any, for method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner - Contractor Agreement, as a direct result of the Architect's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. 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 authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance 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 or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. 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, C:k Users\Matt\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \WHLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2).docx __� Page 12 inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a properly prepared, timely Request For Information (RFI) 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 Contractors review is made in the Contractors 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, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Architect any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Architect may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 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 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 such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals reviewed pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct 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 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 review, substantiate, and comply with current industry execution standards and manufacturers current execution instructions and 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 Architect and shall not proceed with that portion of the Work without further C: lUsersl MattlAppDatalLocallMicrosoftlWindowslTemporary Internet FileslContent.OutlooklW HLPQQ35lPhase IV Draft Agreement - (version 01- 2014)(2).docx - - - - " "" - ----- '-- `— "- - - - - -" Page 13 Vol. Pg. S- written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely 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 and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance 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. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full —time Project Superintendent with a minimum of five years of similar construction experience. Superintendent shall be approved by Architect and permanently assigned to project until full completion of project. 3.3.7 The Contractor shall employ Licensed Surveyor to locate and stake out the Work and establish necessary reference and bench marks. Work from established bench marks and reference points, layout and correctly establish all lines, levels, grades and locations of all parts of their own Work and be responsible for their accuracy and proper correlation with Work and established data. 3.4 LABOR AND MATERIALS 3.4.7 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 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order, or by Owners approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY C:\ Users\ Matt�AppData% Local\Microsoft\Windows\Temporary Internet Files \Content.Outl00k\WHLPQQ35\Phase IV Draft Agreement - (version 01- 2014)(2),docx -- Page 14 1 \ /ni �/�� /_ Pg. _-5— - 1 3.5.1 The Contractor warrants to the Owner and Architect that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Architect and properly accepted and authorized by Architect, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Architect whether or not such submittal has been reviewed or stamped by Architect. Notice must be specific and transmitted in letter form. If required by Owner or Architect, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Architect, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and /or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if C:1 Users \Matt\AppDatalLocal\Microsoft \Windows \Temporary Internet Files \Content.Outlook\WHLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 15 Vol. __..���/ p�. �5 3 so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Architect, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: 1 Damages to the building contents and /or building utilities or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by mechanical, electrical and plumbing subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax - exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owners exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor shall furnish Owner with sales and use tax exemption reports to enable Owner to meet state reporting requirements. 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 bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. C:\ Users \MattAppDatalLocallMicrosoft \Windows \Temporary Internet Files \Content.0utlook \WHLPQQ35 \Phase IV Draft Agreement - (version 01 -2014) (2).docx - - - - - --- Page 16 Vol. Pg. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 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 against which the Contractor makes 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 allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established in the Specifications and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent with a minimum of five C:\ Users\Matt\AppDatalLocal\Microsoft \Windows \Temporary Internet Files \Content.Outlook \WHLPQ035 \Phase IV Draft Agreement - (version 01.2014) (2).docx - - -- Page 17 Vol. __ f�51 pg. SSJ years of similar construction experience 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. 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect the name and qualifications of a proposed superintendent. The Owner or Architect may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Architect has reasonable objection to the proposed superintendent, or (2) that the Owner or Architect requires additional time to review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed, 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3,10.1 The Contractor, promptly (within thirty 30 days) after notification of contract award, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, 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. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Architect, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time, as defined by the Architect to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.10AOwner shall not be bound by any early completion deadline submitted in any schedule. C:\ Users\ Matt\ AppDatakLoca [Wicrosoft\WindowskTemporary Internet Files \Content.Outlook \WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docz Page 18 Vol. Pg. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared 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 which 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 their submittal is to demonstrate for those portions of the Work for which submittals are required the way 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 Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, 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 sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub - contractor represent to the Owner and Architect that the Contractor and Sub - contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. C:SUsers\ Matt\ AppDatalLocallM icrosoftlWindows4Temporary Internet Files \Content.OutlooklWHLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 19 Vol. pg, _5_'7 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Architect. Such Work shall be in accordance with approved submittals. 1 The Contractor shall make all revisions as noted by Architect and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Architect on previous submissions, if any. 3.12.8The 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 review of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific 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 review thereof. 3.12.9 The Contractor shall direct 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 absence of such written notice the Architect's review of a re- submission 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 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 appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept C:% Users\ MattVlppDatalLocallMicrosoftlWindowslTemporary Internet FileslCantent .OutlookIWHLPQ0351Phase IV Draft Agreement - (version 01 -2014) (2).docx ' " — -- Page 20 Vol. - - -,��� pg. S-9 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. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 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 written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations 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 Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Architect proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS C:\ Users\ Matt\AppData\LocaRMicrosoftlWindows \Temporary Internet Files \Content.Outlook\WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 21 Vol Pg. 3,17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but 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. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, 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, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARCHITECT, ARCHITECT'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE 'INDEMNITEES') FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS 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 CONTRACTORS, SUB- CONTRACTORS, SUB- SUB - CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND /OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT C:\ Users \Matt\AppData\Local \Microsoft \Windows \Temporary Internet Files \Content,Qutlook \WHLPQQ35�Phase N Draft Agreement - (version 01 -2014) (2).docx -- _ - _ - - — - Page 22 Vol. Pg. r! CJ INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub - Sub - contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 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' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Architect, the Architect's consultants and agents and employees of any of them arising out of. (1) the preparation. or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Architect, the Architect's 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. The indemnity for the Architect, the Architect's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Architect, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be reviewed in writing by Architect or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Architect for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Architect. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Architect. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Architect, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Architect, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. C:\ Users \Matt\AppData \Local Microsoft \WindowslTemporary Internet RestContent .OutlooktWHLPQ036lPhase IV Draft Agreement - (version 01 -2014) (2).docx - - "- - -- "" Page 23 � Pg. dl 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Architect. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Architect and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (At a maximum, in calendar days) Day 0: Approval of this Agreement by the Brazos County Commissioners' Court No sooner than Day 10: Notice to Proceed is delivered to Contractor after Architect provides response to Schedule of Values, List of subcontractors and Construction schedule to Contractor No later than Day 460: Contractor attains Substantial Completion No later than Day 490: Contractor attains Final Completion. 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture identified as such in the Agreement 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 or such representative as the architect may designate, who may be employed by the Architect as a consultant. 4.1.1.1 Each of these terms; "Architect," "Engineer," "Architect/Engineer," "A/E," or "Engineer /Architect" shall mean Architect, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a new Architect whose status under the Contract Documents shall be that of the former architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Architect C : \Users\MatMppData\LocaWicrosoft \Windows \Temporary Intemet Flies \Content.OuttooklW HLPQQ35 \Phase f V Draft Agreement - (version 01 -2014) (2).docx Page 24 Vol. __�� Pg. �,Z will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Architect and Owner. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Architect, and as Architect deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health 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 Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Architect for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 33. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. 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 of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Architect. Communications by and with the consultants shall be through the Architect, unless otherwise approved by 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. The Architect's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Architect's attention in writing if he wishes to obtain Architect's opinion. 4.2.5 Based on the Architect's observations and 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. C:IUsers\ Matt\AppDatalLocaRMicrosoklWindows \Temporary Internet Files \Content.OudooklWHLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2 ).docx Page 25 9 Pq. G� 4.2.6 The Architect has authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, 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, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Architect's services and expenses. 4.2.7 The Architect will review 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. Such review and action on the part of the Architect is limited to only those submittals required by the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review by the Architect, Architect's consultants and Owner, if needed. 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 Contractors submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's review of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.6 The Architect will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Architect may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, 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. C:\ Users \Matt\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \WHLP0035\Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 26 4.2.11 The Architect will interpret and decide 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. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such Interpretations until fourteen (14) days after written request is received. 4.2.12 Interpretations and decisions 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. 4.2.13 The Owner's and Architect's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time 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. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of 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 Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Architect, this shall include showing in CPM format, both critical and non - critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. C:lUsers\ Matt\ AppData\ Local\Microsoft\Windows\Temporary Internet FAes \Content.OugooklWHLP00351Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 27 Vol. � Pg. `� 4.3.3 Time Limits on Claims Initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Architect and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub - paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. 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. 4.3.6 Claims for Concealed or Unknown 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. The Architect will promptly investigate and evaluate 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 and submitted within twenty -one (21) days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make 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 arising under Paragraph 10.6. 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 C:1Usersl MattW ppData lLocal%Microsoftlwindows\Temporary Internet Files lContent.Outlook\WHLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2).docx / �. / Page 28 Fv r)l. � Pg. of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with monthly pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 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, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time due to abnormal weather conditions will be the records of the National Oceanographic and Atmospheric Administration (NOAA) for the prior ten (10) years. In the absence of NOAA records for a specific Project site, upon mutual agreement, local official records will be the basis. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Architect may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty -one (21) days after first observance. The notice shall provide sufficient detail to enable the C:\ Users \Matt\AppOata \Locai\Microsoft \Windows \Temporary Internet Files \Content.Ou0ook \WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 29 Vol. ��`� Pg. 7 other party to investigate and evaluate the matter 4.3.10 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. For purposes of this provision, "Materially" shall mean a change in quantity of at least twenty -five percent (25 %) and a change in price of at least ten thousand dollars ($10,000.00) 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect: Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within twenty -one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other parry; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim, if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect 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 Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owners expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Within twenty -one (21) days of receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. C:\ Users\ Matt\AppData\Local \Microsoft\Windows \Temporary Internet Files \Content.0utlook \WHLPQQ35 \Phase IV Draft Agreement - (version 01 -2014) (2).docx V Page 30 ol. i 9 � Pg. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven (7) days. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Architect's decision, Architect will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 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. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 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. 5.1.3 Architect and Architect's consultants may, but are not required to, communicate directly with any Subcontractor, Sub - subcontractor, or materials supplier when it is necessary to obtain information necessary for the Architect or Architect's consultants to complete its services on the Project. The Architect shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.21 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Architect has made reasonable and timely objection: The Contractor shall C:\ Users\ Matt\AppData \Local\Microsoft\Windows \Temporary Internet Files \Content.0udook1WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 31 pq, 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. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontractor 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 shall similarly make copies of applicable portions of such documents available to their respective proposed Sub—subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub - subcontractor, or other tiers, and Owner or Architect, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS C : \Users\MattWppDeta\LocaRMicrosoft \Windows \TemQo[�y, Inte_m_et Files \Content.0utlook \WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docx — `�— Page 32 pq� 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 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. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. 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 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 of 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 Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of 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 Owners 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 when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum 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. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. C:\ Users \Mati\AppData \LocaRMicrosoft\W indows \Temporary Internet Files \Content.0utlook \WHLP00351Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 33 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 contractors' 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 incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14, 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 after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 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. 71.2 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 and an order for a minor change in the Work may be issued by the Architect alone. C:\ Users\ MattVA ppDala\ LocallMicrosoft \Windows\Temporary Internet Files\Content.Outlook\WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docz Page 34 .V 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. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive 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. 7.2 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 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 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 and stating a proposed basis for 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 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect, in writing, 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. C:1 UsersV MattlAppOa ta\LccaMAicrosoft\Windows \Temporary Internet Files\Content.Outlook\WHLPQQ35VPhase IV Draft Agreement - (version 01 -2014) (2).docx Y/-/ Page 35 Vol. � Pg, 7-5 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect 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, a reasonable allowance for overhead and profit. In such case, and also under Clause 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 Subparagraph 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' or workmen's 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; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, 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 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 C:\ Users\ Mat tlAppOota\ Local%MicrosoftlWindowslTemporary Internet Files \Content.Outlook\WHLPQQ3SPhase IV Draft Agreement - (version 01- 2014)(2).docx Page 36 Vol. Pa. 176 to disagree and assert a claim in accordance with Article 4 7.3.9 When the Owner and Contractor agree with the 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 shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed bylaw, the Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than Four Hundred Sixty (460) days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon permit acquisition following the final approval of the Agreement and receipt by the Contractor of the written notice to proceed from either the Owner or the Architect." 8.1.3 The date of Substantial completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in this Agreement 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, except by agreement or instruction of the Owner in C:1Users\ MattW ppDatal Local\MicrosaftlWindows\Temporary Internet FileslContent.Outlook \W HLPQQ35\Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 37 VII. /, � Pg, %-> writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to a approved extension of time. Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and /or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Architect made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or 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 C: \Users\Matt\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.OudooklWHLP0035\Phase IV Draft Agreement - (version 01 -2014) (2).docx vol, age 38 �l_ -- � %� pq, f to employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Architect. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re- execution of defective work, or extent of number of Architect's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is FIVE MILLION NINE HUNDRED THOUSAND AND no. /1.00 DOLLARS ($5,900,000.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2,1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Dreg Agreement -(version 01 -2014) (2).docx Page 39 Vol. %` Pg. / __ 9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; applications for payment shall be submitted monthly by Contractor. The Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Architect may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 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 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 no later than the time 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. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within five (5) days after receipt of the Contractor's Application for Payment and the Architect's site visit, either, issue to the Owner a Certificate for Payment 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 Subparagraph 9.5.1. C:\Users\Matt\AppDala \Local \Microsoft\Windows \Temporary Internet Files \Content.Outook \WHLP0035\Phase IV Draft Agreement • (version 01 -2014) (2).docx ,7 Page 40 FV01. Z I/ r-- 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 observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Architect's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. 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 minor deviations from the Contract Documents correctable 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 evaluations and /or 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 decide not to certify payment and 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 Subparagraph 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 Subparagraph 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 decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, 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 because of: A defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments property 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 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; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub - contractor of values of C:\ Users\ Maft\ AppDatalLocaflMicrosoft \WindowslTemporary Internet Files \Content.Outlook\WHLP00351Phass IV Draft Agreement -(version 01 -2014) (2).docx Page 41 VOI. %_t5; FCJ. /- _f__ I Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 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. 9.6.1.1 Owner will make monthly partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Architect. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Architect's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.51.10, inclusive. 9.6.2 The Contractor shall pay each Sub - contractor no later than seven (7) days after receipt of payment from the Owner, the amount to which the Sub - contractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Sub - contractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub — subcontractors in similar manner. 9.6.3 The Architect will, upon written request, furnish to a Sub - contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect on account of portions of the Work done by such Sub - contractor. 9.6.4 The Owner has the right to request 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 (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 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 with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within five (5) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date C:1 Usersl MattAppData \Local\Microsoft\WindowslTemporary Internet Files \Content.Outlook\WHLP00351Phase IV Draft Agreement -(version 01 -2014) (2).docx Page 42 Vol. established in the Contact Documents the amount certified by the Architect, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Architect, 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, 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 is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Architect a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Architect's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work . If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Architect and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Architect's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Architect and Owner to determine Substantial Completion. 9.8A When the Work is substantially complete, the Architect will prepare a Certificate of Substantial Completion which 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. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and C:\ Users \Matt\AppData \LocahMicrosoft \Windows \Temporary Internet Fiios\Content.0uUook\WHLP0035 \Phase IV Draft Agreement - (version 01-2014) (2). docx Page 43 Vol. ��y _ Pq. �� Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 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 Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, 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, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 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 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect and Owner will in a reasonable time, make such inspection and when the Architect and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently 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 and Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractors being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the C:\ Users %Matt\AppDatalLocallMicrosoffi indows \Temporary Internet Files \Content.Outlook\WHLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2).docx r Page 44 V-! _ / %�___ °9 iA Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Architect: (1) 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 Document 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, for Owner's review and approval. 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 attorneys fees. 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. 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 by 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. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Architect. 9.10AThe 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; .3 terms of special warranties required by the Contract Documents, or .4 non - conforming, faulty or defective Work appearing at or after final payment. C:\ Users \Matt\AppData%Local Microsoft\WindowslTemporary Internet Files \Content.OudookIWHLP0035 \Phase IV Draft Agreement . (version 01 -2014) (2).docx Page 45 V0 %f 5z r3 �3 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. 9.11 LIQUIDATED DAMAGES 9.11.1 Owner will suffer financial loss if the Project is not Substantially Complete on the date set forth in the Contract. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each calendar day of delay after the date established for Substantially Completion until the Work is Substantially Complete: Five Hundred dollars ($500.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor 9.11.2 If thirty (30) days after Substantial Completion of the Work the Contractor is unable to achieve Final Completion of the Project as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each additional calendar day of delay past thirty (30) days after Substantial Completion until Final Completion is achieved: One Thousand Dollars ($1,000.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Architect and their consultants and employees; .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. C:\ Users \Matt\AppDatalLoca]%Microsoft \Windows \Temporary Internet FileslContent.0uOook \WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 46 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 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 posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel, and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Architect, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 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 Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub — subcontractor, 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 Paragraphs 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. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty -eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on C:\ Users\ Matt\ AppData\ LocallMicrosoft\Windows\Temporary Internet Files \Contenl.0udook \WHLP0035 \Phase IV Draft Agreement - (version 01 -2014) (2).docz " -- - - ----- - - - - -- Page 47 VOI. %Z pg �✓� or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Architect resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Architect or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Architect for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Architect for Project site safety conditions created or controlled by the Contractor that result in the Architect receiving a citation under the OSHA multi - employer citation provision. 10.2.13 The Contractor shall notify Owner's and Architect's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Architect to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Architect's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. C:1 Users\ MattVA ppData \Local\Microsoft\Windows\Temporary Internet Flles\Content.Outlook\W HLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2).docx - -— - - - - -- Page 48 VoL ' pg �� i 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any 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 hazardous 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 report the condition to the Owner, in writing, with a copy to the Architect. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 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 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 will 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 the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has 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 attorneys' 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 Subparagraph 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 to the fault or negligence of the party seeking indemnity. 10.3.4 The Architect and Architect's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Architect shall not be responsible under Paragraph 10.3 for C:\ Users \Matt\AppDatalLocahMicrosoft \Windows \Temporary Internet Files \Content.Outlook\WHLP0035\Phase IV Draft Agreement - (version 01 -2014) (2).docx Page 49 pg' ll 1 hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Architect. The Contractor shall notify the Owner and Architect prior to bringing any hazardous material or substance onto the Project site. 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 10.4.1 In an emergency affecting safety or health 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 Paragraph 4.3. and Article 7. 10.4,2 The Contractor shall promptly report in writing to Owner and Architect all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Architect. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by 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' or workmen's compensation, disability benefit and other similar employee benefit acts which 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, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; C:1 Users\ Matt\AppData \LocahMicrosoft \Windows\Temporary Internet FileslContent.Outlook\W HLP0035 \Phase IV Draft Agreement - (version 0 -2014) (2).docx - - _- - - -- -_ Page 50 Vol. _1 .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; .8 claims involving contractual liability insurance applicable to the Contractors obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employers Liability: $ 1,000,000 each accident $ 1,000,000 disease, policy limit $ 1,000,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed C:\ Users \Matt\AppDatalLocal \Microsoft \Wlndows\Tempo_r_a_ry Internet Fifes \Content.Outlook \W HLPQQ35 \Phase IV Draft Agreement - (version 01 -2014) (2).docx -- - -- Page 51 I Vol. pg. S' y I Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 years) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. 3. Contractual Liability: (a) Bodily Injury: $ 2,000,000 each occurrence (b) Property Damage: $ 2,000,000 each occurrence $ 4,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self- insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence Note: The State of Texas has a no fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage C-.\ Users \Matt\AppData \Local\Microsoft \Windows \Temporary Internet Files \Cofltent.Oudook \WHLP0035 \Phase IV Draft Agreement - (version 01.2014) (2).docx Page 52 VUi. / /` S/ Pg. 5y 1 are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 The Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus architect fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project 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 insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. 11.3.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 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. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards 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. C:\ Users\ Matt %AppData\Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \WHLP0035 \Phase IV Draft Agreement - (version 01- 2014)(2).docx _ Page 53 LO W Pg. %____� 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attomey -in -fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6Upon 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 permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. 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, Owners or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect, Owner or governing authority has not specifically requested to examine prior to its being covered, the Architect, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance 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 with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense C:1Users\Matt\AppData% Locall MicrosoftlWindows \TemporaryInt_em_ _e_t_ File_ s _1Content.Outlook\WHLP00351Phase IV Draft Agreement -(version 01 -2014) (2).docx Page 54 Vol. 1 Pg. —� 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 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year 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. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) 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 completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Architect may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4The 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 which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period C:\Users\Matt\AppDatalLocaRMicrosoftNWindows\Temporary Internet Files \Content.OUtlOOk \WHLP0035 \Phase IV Draft Agreement - (version 01- 2014)(2).docx I Page 55 Vol. __� / Pg. 9-3 of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 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 Contractors liability with respect to the Contractors obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which 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. Contractor shall bear all direct, indirect and consequential costs attributable to Owners evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of architects, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. 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. 13.2.2The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owners rights and obligations under the Contract Documents, The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractors Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Architect. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to C:1Users% Mattl AppData\ LocaINMicrosoft%Wlndows\Temporary Internet Files\Content.Outlook\W HLPQQ351Phase IV Draft Agreement - (version 01 -2014) (2).docx - Page 56 Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered 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 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a 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. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Owner shall make arrangements for such tests, inspections and approvals with an independent testing laboratory, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Architect timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Architect of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements C:\ Users \MattlAppDatalLocalWicrosoft \Windows \Temporary Internet Files \Content.0udook \W H LPQQ351Phase IV Draft Agreement - (version 01 -2014) (2),docx - - - -- - -- - Page 57 Vol. ���, Pg.. %'� —I established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect and Project inspector (if any). 13.5.5 If the Architect, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, C: 1Users\ Matt�AppDatalLocallMicrosoft \WlndowslTemporarylntemet. Files \Content.OudooklWHLPQ0351Phase IV Draft Agreement - (version 01 -2014) (2).docx - j Page 58 Vol. / 9P Pg. —�� __ I color, sex or national origin. Contractor shall take affirmative action to insure 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: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees 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. 13.9 NON - DISCRIMINATION 13.9.11n performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. 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) days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .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 Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty -five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, terminate the Contract and C: \Users \Mad\AppDalalLocal Microsoft \WindowslTemporary Internet Files \Content.0utlook \WHLP00351Phase IV Draft Agreement - (version 01 -2014) (2).docx ------ - - - - -- - Page 59 Vol. Ln Pg.__Yl recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the 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 (7) additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. C:\ Users\ MattlAppDatalLorahMicrosoftlWindows %Temporary Internet Files \Content.OuUooktWHLP0035 \Phase IV Draft Agreement -(version 01 -2014) (2).docx - - -- Page 60 FVOL / i�pg.. 7�� 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or 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 Subparagraph 14.3.1. Adjustment of the Contract Sum shall include 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 another 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, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Architect, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the 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 as limited to type, class or grade, or modified in such reference. Draft Agreement -(version 01 -2014) (2).docx Internet Files %Content.OutlooklWHLPQ0351Phase IV Page 61 Vol. — _Z 7121 pg. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Architect will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the 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 fixtures which, in the judgment of the Architect, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Cot�rt'approval of the Agreement as set forth in the minutes of the Court's January 1 2014 meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Architect for use in the administration of the Contract, and the remainder to the Owner. C : \Users\Matt\AppData\LocaNMicrosoft \Windows \Temporary Internet FileslContent.QuttOOk \WHLPQ035 \Phase IV Draft Agreement - (version 01 -2014) (2).docx -- "- - - - --- -- - - -- - - Page 62 Vol. _ �9� pg. /Od OWNER: BRAZOS COUNTY, TEXAS Duane Peters, Brazos County Judge 200 South Texas Ave„ Suite. 352 Bryan, Texas 77803 Date: CONTRACTOR: MADISON CONSTRUCTION, L.P. Michael R. Jones, Preside 1640 Briarcrest Drive, Suite 125 Bryan, Texas 77802 Date: tk /jl 'I o/( C:1 Users\ Matt\ AppData \LocaINMlcroso%WlndowslTemporary Internet FileslContent .OutGok \WHLP003SPhase IV Draft Agreement -(version 01 -2014) (2).docx Page 63 Vol, pg. /0/ December 18, 2013 e■ MTN MADISON CONSTRUCTION, L.P. Mr. William C. Wendt Purchasing Agent BRAZOS COUNTY PURCHASING OFFICE 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 Dear Mr. Wendt: SPANNED 5 Re. Brazos County Courthouse Phase IV Thank you for considering Madison Construction, LP as the general contractor for the Brazos County Courthouse Phase IV project. As requested, we have reexamined the cost of the work and the time for construction. We have reviewed late proposals from subcontractors and scrutinized the schedule more closely based on the previous projects at the courthouse. Madison's final proposal is below: Bid Form- Item S. Pricing Best and Final Offer for the Project $5,900,000 Time Substantially Complete 440 calendar days Begin Work from receipt of Purchase Order 20 calendar days Unit Prices remain the same per original Item S. Pricing Section. This Final Offer and Time includes the Base Bid, Alternate No. 1, and Alternate No. 2. Please contact me if you have any questions. Sincerely, MADISON CONNSST�RUCTI N, L.P. Michael R. Jones President 16AO Briarcrest Drive • Suite 125 • Bryan, Texas 77802 P.O. Box 3787 • Bryan, Texas 77805 -3787 FAX 979 - 2686022 979- 2685520 Vol. Brazos County .r. f ;♦ °,.4TY �s :a °° Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #1 to 2013 -88 Courthouse Renovation Phase IV Issued: November 22, 2013 Change: Extension of Question Deadline Reason: Vendor Request The deadline for questions has been extended to 5:00 p.m., Monday, November 25, 2013. All other provisions of the RFP'remain. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: Vol. i��� _ Pg. /03 PA F,g�ON A HfT�TS 701 South Texas Avenue Bryan, Texas 77803 Voice - 979 775 6036 " °Ms" Email — desi Pk4tarch.com " "" ADDENDUM NO. 2 www.yatarch.com Return with the Drawings and Specifications ADDENDUM NO.2 to the Drawings and Specifications for Brazos County Courthouse Phase 4 300 East 26th Street Bryan,Texas Project Number: 1018 26 November 2013 1.01 GENERAL A. This addendum, consisting of five (5) 8 112" x 11" sheets and five (5) 24" x 36" sheets supersedes the Drawings and Specifications dated 19 August 2013. B. The following changes, corrections, or additions are part of the Bid Documents. C. Refer to the attached attendance sheet from the 21 November 2013 pre -bid meeting. 2.01 REFER TO SPECIFICATIONS -DIVISION 00 THRU DIVISION 14 A. Section 00 73 00 — Supplementary Conditions L Article 3 — Contractor, 5.: Add paragraph 3.20.4 — These wage scales are published by Texas A &M University and may be used in lieu of general decision scales. The wages indicated include fringe amounts. B. Section 035000— CementitiousUnderlayment 1. Part 2 — Products, Section 2.01 — Materials, A: Revise cementitious underlayment product from Ardex K15 to Ardex V1200. Relative humidity tests (RH Probes) shall be preformed before installation at the rate of one per 1,000 s.f. Should such tests results fall outside the limits of the Ardex V 1200, additional remedial actions may be ordered. C. Section 08 7000— Finish Hardware 1. Revise lockset L -1, L -2, L -3 & L-5 from 83K series to 93K series. Vol.. /�V pg. /a Y Addendum No. 2 Page 2 D. Section 09 66 13 — Bonded Terrazzo Flooring 1. Part 2 —Products, 2.01 Materials, E. Divider Strips —Revise material from Zinc to Brass (to match existing). 2. Part 2 — Products, 2.01 Materials, F. Abrasive Strips — Abrasive strips shall be surface applied 3 M, 2" wide, color as selected by architect. E. Section 22 13 16 1. Page 4, Paragraphs 3.05 A &B — Rodding and flushing of the soil and waste lines shall be required for all new and reused soil and waste lines serving the fourth floor plus the vertical stacks to the basement. Videotaping of the soil and waste lines shall be required for all new and reused soil and waste lines serving the fourth floor plus the vertical stacks to the basement. 2. Pages 4 & 5 — Smoke testing the sanitary sewer piping and sanitary vent piping shall be required for all new and reused sewer piping and sanitary vent piping serving the fourth floor plus the vertical stacks to the basement. F. Section 23 05 94 — Coordination of Testing and Balancing 1. The entire chilled and heating water piping system shall be cleaned prior to performing the test and balance of the systems. 3.01 REFER TO ARCHITECTURAL DRAWINGS A. Sheet A -2.6 1. Detail 1 — Roof Plan B Add new keynote #11 that reads, "Remove existing mechanical equipment and curb from existing roof opening. Existing security bars and steel duct drop directly below to remain. Install new Fortacrete panel bearing on steel bars and cover with roof system to match existing per detail 181A2.5 (similar). Revise eight (8) keynotes located between column lines 4.5 & 8.5 from #1 to #11. B. Sheet A3.2 1, Detail 2 — Door Schedule Revise UL rating column from 3/ HR to 1 HR. C. Refer to the attached sheet AD2.1 for locations of plumbing line demolition serving the fourth floor but extending down below the 4th floor and above the 3rd floor ceiling. This sheet is for information only to determine which 3rd floor rooms will need to be accessed for above ceiling demolition. All ceilings, walls, floors, etc. on the third floor which one damaged by this work shall be restored to new condition. D. Refer to sheet A5.1: Add one 4' x 4' marker board at north wall. 04 Addrndu (, ��� Pg. �Qj Addendum No.2 3.02 REFER TO MEP DRAWINGS Page 3 A. Sheet MDI.O 1. Refer to attached sheet MDI.0 for clarification of mechanical demolition scope. General demolition is also covered under the architectural sheet A2.1. All contractors and subcontractors are required to review both sheets. B. Sheet E2.0 1. Detail 1 —Electrical Lighting Plan Revise keyed note #4 to say: New light fixture -Fail Safe #FCC-D-4'- 232 -UNV- 94-EB81 ULTIMAX CORNER LUMINAIRE TWO LAMP 16GA 48" FLOURESCENT .187 TEMPERED GLASS. Provide new circuit and wiring as required for new fixtures. Panel "IAA -41" C. Sheet E3.0 1. Detail 1 — Electrical Mechanical Equipment Plan Unit *CVB -04-11 above Deputy 4625 shall be circuited to H4A -46 with 2 #12, 1 #126, YV C. with key note #2, provide motor rated switch at unit. D. SheetPl.I 1. Detail 1— Plumbing DWV Plan 4h Floor Refer to attached sheet Pl.l - Delete waste and vent piping serving plumbing fixture in Toilet Rm. 4608, Work/Break 4617, and Break Rm. 4610. E. Sheet PI.2 1. Detail 1 — Plumbing Water Plan Refer to attached sheet P1.2 - Delete domestic cold water and hot water piping serving plumbing fixtures in Toilet Rm. 4608, WorklBreak Rm. 4617, and Break Rm. 4610. F. Sheet P1.4 1. Refer to attached Sheet P14 for Alternate #1 waste, vent and water scope of work. G. Fire Sprinkler 1. Base bid for fire sprinkler system shall include the main trunk with capacity to serve spaces shown in Alternate #1. Under base bid, branch lines and sprinkler heads shall be required for coverage of "Shell Space 4600 ". 2. Under Alternate #1, branch lines and sprinkler heads shall be required for coverage of all spaces shown in Alternate #1 plan. 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I Vol. _ /'nV - Pg. l�� O AI RSVHd OZ)AINnO:)sozw[9 M, MCEINVUSNOILLYAMM f(D I 11 j7 T it b:E P Sail sm P i� Vol. pg• --k; IL 0/ Brazos County r nArr of ear° Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361 -4292 FAX (979) 3614293 Addendum #3 to 2013 -88 Courthouse Renovation Phase IV Issued: December 4, 2013 Change: Clarification Reason: Courthouse Occupant Coordination To facilitate fewer interruptions during construction on the 0 floor, no Courts will have proceedings on the third floor of the Courthouse. Courtroom activities on the third floor will be coordinated with the contractor to cease when major construction begins and end when major construction ends. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: F01 Pq- C {A}➢yFd4 'C" k i Y TTt 4� A{ r � i s�� a i i a i a Courthouse Renovation Phase IV Request for Proposals q 2013 -88 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building, Ste. 352 200 South Texas Ave., Ste. 352 Bid No.2013 -88 Bryan, Texas 77803 Page 1 of 19 pages Telephone (979) 3611292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Thursday, December 5. 2013 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. November 2l. 2013. Release of RFP ........... ............................... .........................Friday, November 8, 2013 Advertisement Dates .... ............................... .........................Friday, November 8, 2013 Friday, November 15, 2013 Pre - Proposal Conference ....... ......................Thursday, November 21, 2013 at 2:00 p.m. CST Deadline for Questions .......... .........................Friday, November 22, 2013 at 5:00 p.m. CST Proposal Submission Deadline ... ......................Thursday, December 5, 2013 at 2:00 p.m. CST Review/ Contract Evaluations/ Negotiations .............................. .......................December Anticipated Award ........................... ............................... .......................December Anticipated Construction Start ............................................. ..........................January A. PROCUREMENT DELIVERY Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. The County will consider each of these suggestions and select those that the County believes present the best "value" to the project. The County will then send the selected value engineering/ cost saving prospects to each of the top evaluated firms for consideration and pricing. This process may be repeated depending on the project and its complexity. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. adison Construction, L.P. Pg. /��p B. SUMMARY OF WORK The Project consists of the renovation of the fourth floor of the Brazos County Courthouse including demolition of existing detention facilities and the construction of Courtrooms, offices and general common areas. C. ALTERNATES Bid Alternate # 1: Justice of the Peace and Constable areas- (See bid proposal form for additional information) Bid Alternate # 2: Terrazzo Stairs- (See bid proposal form for additional information) D. CONDITIONS OF RFP The following instructions apply to all 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: 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 Stale Constitution and Laws. C. CONTRACT - An agreement between the County and a Vendor to fumish supplies and/or services over a designated period of time during which repeated purchases are made of the comtnodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. C. 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 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor for the period designated. 3. Proposals must be received by the PurchasinY Department prior to the time and date specified. 21 Page --� Madison Construction, L.P. FVO Pg. -f / 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. 6. Brazos County reserves the right to reject any proposals that do not fatly respond to each specified item. 7. 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 and non- assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the alternates and addenda 40% b. Completion time 10% c. Quality of previous, similar contracts with Brazos County 100/0 d. Proposer's reputation with similar projects 20% e. Ability to perform contract 20% 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. 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. 11 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. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Commissioner's Court. 31Page. Madison Construction, L.P. Vol. Pg. /� �� 15. 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. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the vendor check the Brazos Valley Bidding System for addenda prior to submitting their proposal. 17. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 18. Proposals must show full company name, mailing address and telephone Identification Number or Social Security Number and signature for the proposal to be valid 19. It is our policy not to disclose proposal results over the phone. Proposal results will be available only after a contract is awarded by Commissioners Court. 20. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in project specifications attached. 21. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. 22. Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word fort shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 23. It is our policy not to famish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court, 4 1 Page Madison Construction, L.P. P9. // 24. This Proposal will be made pan of any resulting contract the County may enter into. The terms and conditions of the County, contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a confect. 25. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 26. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS Contractors with questions regarding the proposal should submit them in writing via the Brazos Valley Online Bidding System at https: //brazosbid.estx.gov. 2. Fill out the proposal comnletely, 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 2:00 p.m., Thursday, December 5, 2013. The proposal is invalid if it is not deposited at the desitmated location prior to the time and date advertised, or prior extension issued by the County. 1 All proposals shall be prepared on the bid forms located on the Brazos County web site httns: //brazosbid.estx.gov. The proposer must 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 proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A -305 or equal) listing five (5) similar representative projects with the project's owner and architect 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. The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 51Page Madison Construction, L.P. Vol. / Z�v pg. /" 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. g. Performance Standards: a. 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. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. 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. C. 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. f. 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. g. Contractor will be responsible for immediate notification of all damage to the property by die Contractor or its representative(s). F. Trade Secrets, Confidential Information and the Texas Public Information Act Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the Proposal response, or pan of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted, and provide_ specific and detailed justification for its claim of 61Page —"� Madison Construction, L.P. confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. Marking your entire Proposal CONFOENTIAUPROPRIETARY is not in conformance with the Texas Public Information Act. G. Conflict of Interest The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process. Proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this UP from the issuing date of the UP until the date the Brazos County Commissioner's Court meets to consider award of the Proposal. Any such contact will be grounds for resection of the vendor's proposal. H. Addenda and Modifications Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley Online Bidding System and will become a part of the Proposal package, having the same binding effect as provisions of the original Proposal. No verbal explanation or interpretations will be binding. In order to have a request_ of 71Page Madison Construction, L.P. Vol. interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments and interpretations of this solicitation shall be in writing. Brazos County shalt not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing Proposal responses. 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. S. All addenda must be acknowledged on this form. 1. Examination of Documents and Requirements Each Proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. J. TAXES 1. Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. K. 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.___ - -8 1 Page Madison Construction, L.P. pg. / �3 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. 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, Contr - __ .. _ .__.._ _ _.... 91Page Madison Construction, L.P. [�Vol portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an 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 tents and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certificate ") - A copy of a certificate of insurance, a certificate of authoritp to se j insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TH'CC -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 protect - 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 en lo,. Persons providing services on the proiect ( "subcontractors" in section 406096 (of the Texas Labor Codel) - 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, empltwees 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 foodfbeverage vendors, office supply deliveries, and delivery of portable toilets. 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. 10 Page V(,l — P / / I Madison Construction, L.P. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. A 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 of er 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 cent f cater of coverage for the duration of the project andfor one year thereafter. G. The Contractor shall notify the governmental entity in writing by certif ed 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. K 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. L The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (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, far the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided far 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 cenc�ate of coverage showinextension of coverage: if the coverage Qeriod - - - -- -- 111 Page Madison Construction, L.P. Ell %S/ pg_ /a-I Bid Continuation Sheet BRAZOS COUNTY, TEXAS H. QUOTATION Bid Request No. 2014 -05 Page 12 of 13 Pages The following quantities are estimates of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with unit prices and extensions that are firm for the entire period of this contract. All unit prices must include all materials, equipment and labor. Pavement Markings Item Quantity UOM Description Unit Price Total Price I. 20,000 LF 4 "Reflectorized Markings (SLD)(Re- stripe) $_0.65_ $12,941.18_ 2. 5,000 LF 4" Reflectorized Markings (BRK) (Re- stripe) $_0.65_ $3,235.29_ 3. 80,000 LF 4" Reflectorized Markings (SLDXLayout) $_0.30_ $24,000_ 4. 12,000 LF 4" Reflectorized Markings (BRK)(Layout) $_0.30_ $3,600_ 5. 1000 LF 12" Reflectorized Markings (SLD)(Re- stripe) S_2.95_ $1,475_ 6. 1000 LF 12" Reflectorized Markings (SLD)(Layout) $_1.00 $500_ 7. 200 LF IS" Reflectorized Markings (SLDHRe- stripe) $_3.50 $700_ S. 200 LF l8" Reflectorized Markings (SLD)(Layout) $_I.50 $300_ 9. 200 LF 24" Reflectorized Markings (SLD)(Re- stripe) $_6.25 $1,250_ 10. 200 LF 24" Reflectorized Markings (SLD)(Layout) $_2.25 $450_ 11. 10 EA 4' Reflectorized Directional Arrow (extruded thermo) $_90.00_ $900_ 12. 10 EA 8' Reficetorized Directional Arrow (extruded thermo) $_125.00_ $1,250_ 13. 10 EA 4' Reflectorized Combination Arrow (extruded thermo) $_145.00_ $1,450_ 14. 10 EA 8' Retlectorized Combination Arrow (extruded thermo) $_240.00_ $2,400_ 15. 500 SQ FT Eliminate Existing Pavement Markings $_2.90 $1,450_ 16. 20 HR Pressure Cleaning $_60.00_ $1,200_ 17. 2,000 EA 4" Type 11 -AA Raised Reflective Pavement Markers $_2.75 $5,500 I8. 500 EA 4" Type I -A Raised Reflective Pavement Markers $_2.75 $1,375_ 19. 20 EA Reflectorized Railroad Crossing $_365.00 _ $7,300_ 20. 1,000 EA Flexible Chip Seal Markers (yellow & white) $_0.75 S750_ 21. 2,000 EA Removal of 4" Raised Reflective Pavement Markers $_0.80 $1,600_ 22. 10 EA 4' Reflectorized, Directional Arrow (Preformed Thermo) $175.00 $1,750.00 23. 10 EA S' Reflectorized Directional Arrow (Preformed Thermo) $200.00 $2,000.00 24. 10 EA 4' Reflectorized Combination Arrow (Preformed Thermo) $240.00 $2,400.00 25. 10 EA 8' Reflectorized Combination Arrow (Preformed Thermo) $290.00 $2,900.00 26. 20 EA Reflectorized Railroad Crossing (Preformed Thermo) $515.00 $10,300.00 FV0 Pg. /.?7 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; (S) retain all required certificates of coverage on file for the duration of the project andfor one year thereafter; (6) note 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 pi vroll amounts, and that all coverage agreements will be fled 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. 4. CERTIFICATES OF INSURANCE certificates shall be prepared and executed by the insurance company or its 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 are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. 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. 121Page Madison Construction, L.P. e. Original endorsements affecting coverage required by the section shall be f nnisbed with the certificates of insurance. L. 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. M. 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. N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees fort 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 131 Page Madison Construction, L.P. vol. _ //` /-�9 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 bold harness and defend the County for such damage. b. The Contractor shalt 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 ties. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by 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. 74_ _Page.. Madison Construction, L.P. O. 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. P. BONDING REQUIREMENTS 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, 2. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of 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. 15 Page Madison Construction, L.P. Vol. _ /%i' -1 /.3/ Q. PROPOSAL SUBMITTAL 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 proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The Contractor must submit an original and five (5) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP. b. Contractor's Qualification Statement (AIA Document A -305 or equal) 5. By signing the certification below, the vendor verifies that all plans and specifications have been reviewed and are considered in the pricing attached. R. LIST OF SUB - CONTRACTORS: [I' 2. Plumbing Rai, 3. Mechanical�C 4. Millwork K•- �yi+�l. �(/� /�lt^^s ✓� 5. Framing 6. Security (must be a prime subcontractor and shall not be a subcontractor to any other contractor or subcontractor and may require prior approval by the County) CnMvtR]C ,K4 7. Audio/Visual (must be prime subcontractor and shall not be a subcontractor to any other contractor or subcontractor and may require prior approval by the County) Vi5yAl .4*o%OvG.h"0h_f 8. i6 161Page Madison Construction, L.P. . / i�_ Pg. - 3�-- F-vo,7 S. Pricing 1. Pricing for all materials and ork included in the base proposal: $ �l7 o p 6 e o a. Pricing in word format: CKZi �t oat �+� hlti .I„rtd �4 c q l• 2. Time to substantially complete (991io) base propo al work: 4 5 U days a. Number of days in word format:4/ 3. From award by Commissioners' Court and receipt of the purchase order, respondent can begin work in 30 days a. Number of days in word format: }u _days 4. Pricing for all materials and work included in to to N1: $ SS 'D pO a. Pricing in word format: P" Hw ;z � 1.` ►—�i]C� {� S —e IV I" � b. Additional time required for Alternate #1: 144 Ecff4 s 5. Pricing for all materials and work included in Alternate q2: $ a. Pricing in word format: b. Additional time required for Alternate i12: 6. Unit prices: a. Topping for b. Roof repair. 4z/ Pt'y�s <�R ►��l.+.de.�e F+�Ufi[ Oar= �IU14� =1� Y�� e cl I�ss mcnw r buF VXLUi KOI ��arr<n�te e�c C- leuatDc tvtx>_ g C, Iti �E O�5 IS aec�p'l•�ble �1�� 1 �Q��� err e.�eUa{7�r 1 h Madison Construction, L.P. T. Proposal Evaluation Waiver By submitting a proposal. or response, each Proposer /offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract. Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION "The undersigned affirms that helsbe is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Firm's Name: Madison Construction, L.P. Address: 1640 Briarcrest Drive, Suite 125, Bryan, TX 77802 Proposer's Name: Michael R tones Position/Title: President Proposer's Date: December S, ZU13 Subscribed and sworn tome on this ~i day of —h cef^beV in the yearabW . Notary Public My Commission expires March 19, 2016 �� ,t; FO SHARON K. POLAK Notary Public, State of Texas My Commission Expires March 19, 2016 16 Pa g e U. 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. 1 No. 2 No. 3 Date November 22, 2013 Date November 26, 2013 Date December 4, 2013 V. 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 co5Q;? erContractor prior to the official opening. Signed By: * , Title: President Typed Name: Michael R. Jones Company Name: Madison Construction, L.P. Phone No. (979)268-!;520 Mailing Address: PO Box 3787 Bryan TX 77805.3787 P. 0. Box or Street City State Zip Employer Identification Number: 74- 2743961 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. 2013 -88 By signing below, Brazos County agrees this RFP 2013 -88 will be awarded to the vendor whose name appears above and b th p ies a ter sand conditions contained herein. By: Brazos County Commissioner's Court Date Attest: Brazos County 19 Page Lo Pg. 1-�5- y,r Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361 4292 FAX (979) 3614293 Addendum 41 to 2013 -88 Courthouse Renovation Phase IV Issued: November 22, 2013 Change: Extension of Question Deadline Reason: Vendor Request The deadline for questions has been extended to 5:00 p.m., Monday, November 25, 2013. All other provisions of the RFP remain. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: Michael R.lones Madison Construction, L.P. IV PA %T T "S X [{1 TS 701 South Texts Avenue Bryan, Texas 77803 Voice - 979 775 6036 ,r- Email- Qesicn�oatarchcom ADDENDUM NO. 2 www. atarch.com Return with the Drawings and Spcecifications ADDENDUM NO.2 to the Drawings and Specifications for Brazos County Courthouse Phase 4 300 East 26th Street Bryan, Texas Project Number. 1018 26 November 2013 1.01 GENERAL A. This addendum, consisting of five (5) 8 l6" x 11" sheets and five (5) 24" x 36" sheets supersedes the Drawings and Specifications dated 19 August 2013. B. The following changes, corrections, or additions are part of the Bid Documents. C. Refer to the attached attendance sheet from the 21 November 2013 pre-bid meeting. 2.01 REFER TO SPECIFICATIONS - DIVISION 00 THRU DIVISION 14 A. Section 007300 - Supplementary Conditions 1. Article 3 - Contractor, 5: Add paragraph 320.4 - These wage scales are published by Texas A &M University and may be used in lieu of general decision scales. The wages indicated include fringe amounts. B. Section 03 50 DO - Cementitious Undedayment 1. Part 2 - Products, Section 2.01 - Materials, A: Revise cementitious underlayment product from Ardex K15 to Ardex V 1200. Relative humidity tests (RH Probes) shall be preformed before installation at the rate of one per 1.,000 sf. Should such tests results fall outside the limits of the Ardex V 1200, additional remedial actions may be ordered. C. Section 08 70 00 - Finish Hardware 1. Revise lockset L-1, L -2, L -3 & L -5 from 83K series to 93K series. Ackno Signal menl4rrq�ep,�yp;, /� ���- Printed Name: Michael R. JDJ3 \/ Madison Construction, L.P. pg. _/ 3� I L. y r a� Brazos County Purchasing Department 200 S. TX AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum 43 to 2013 -88 Courthouse Renovation Phase IV Issued: December 4, 2013 Change: Clarification Reason: Courthouse Occupant Coordination To facilitate fewer interruptions during construction on the 46 floor, no Courts will have proceedings on the third floor of the Courthouse. Courtroom activities or the third floor % in be coordinated with the contractor to cease when major construction begins and end when major construction ends. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendu Signature: Printed Name: Michael R. ione,c Madison Construction, L. . Vol. / AZ pg. �3� Brazos County Courthouse Renovation Phase IV Request for Proposals # 2013 -88 SIMILAR REPRESENTATIVE PROJECTS ■ CON all RUCTION, L.P. Vol Zc.,Z Pa. / Qualification Statement Similar Representative Projects Similar Representative Projects Name and Location of Project: Rrams County Administrative Office Facility Bryan, Texas _ Owner Reference Contact Name; Brazos County Contact Charles Wendt Address: 200 South Texas Avenue Br�an Texas 27.601 Architect /Engineer Reference Contact: Name: Patterson * Architects Inc Contact Fred Patterson Address: 701 South Texas Avenue Bryan Texas 77803 Telephone: f9791 361 -4291 Telephone: (979) 775 -6036 Email: fredCdpatarch com 1.. 1 � � 1. • u 1 1\ a l , 1. .� 11 1 1. 1 1 1 '\ 1 � no 8*-fFVC@WWM Owner Reference Contact: Name: Brazos Cou0,ty Contact: Gary Arncld Address: 200 South Texas Avenue Bryan Texas 77803 Architect /Engineer Reference Contact: Name: Patterson * Ar[hitec s In . Contact: Fred Patterson Address: 701 South Texas Avenue Brvan Texas 77803 • 1 . L�]fii�1�YL� 1 1 L•i IJWZ6331ItL� Email: fred(@patarch.com MORSTIFF 11 1 1 1111- 1 _I__ 1\ 1 ■11 111 .11 1 1 1 :\ •1 Owner Reference Contact Name: Brazos County Contact: Gary Arnold Address: 700 South Texas Avenue Bryan Texas 77803 Architect /Engineer Reference Contact: Name: Patterson a Architects Inc. Contact: Fred Patterson Address: 701 South Texas Avenue Bryan. Texas 77803 Telephone: (979) 436 -2716 Telephone: (979) 775 -6036 Email' fred(dpatarch.com MADISON CONSTRUCTION, L.P. Vol. � � _ Pg. �`�U Qualification Statement Similar Representative Projects Similar Representative Projects Name and Location of Project Brazos County Courthouse Renovations Phase I and 11- Bryan, Texas Owner Reference Contact: Name: Brazos County Contact: Gary Arnold Address: 200 South Texas Avenue. Bryan Texas 77803 Architect /Engineer Reference Contact: 01'F11 1 1 Address: 701 South Texas Avenue Bryan Texas 77803 Y�tTf�T7T.1><L•ii•]I:YYb�i'Y� Telephone, L9791775 -6036 Email: fred0liatarch.com Name and Location of Project: Remodel of the Brazos County Courthouse phase III - Bryan. Texas ContractAmount $3.981.577 Date Completed: Tune 2013 Owner Reference Contact: Name: Brazos County Contact Gary Arnold Address: 200 South Texas Avenue Bevan. Texas 77803 Architect /Engineer Reference Contact Name: Patterson * Architects- Inc. Contact: Fred Patterson _ Address: 701 South Texas Avenue Bun, Texas 77803 MADISON CONSTRUCTION, L.P. Vol. Telephone: 1`979) 822 -2127 Telephone: T9791775 -6036 Email: fred0liatarch.com Brazos County Courthouse Renovation Phase IV Request for Proposals # 2013 -88 CONTRACTOR'S QUALIFICATION STATEMENT ■ v■ iym Ah"Ifolm CONSTRUCTION, L.P. Vol. � %e Pg. / � MWAIADocument A305r -1986 b` ;kontractor's Qualification Statement The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not e`a iolx misleading �r y6iml TED TO Brazos County 1. ;Adrninistration Building YAW +$4 xpREgg i200 South Texas Avenue, Ste 352 r� '%ryan, Texas 77803 This form is approved and t:{C .0 -[ recommended by the American IBMt1 ,sr: `Madison Construction, L.P. tnsuwte of Architects(AIA) and 268 -5520 The Associated General ...Contractors of America (AGc) for r use In evaluating the MlChtael R. Jones qualifications of No Ani'rasident v .:,' endorsement of the submitting , P O :Box 3787 party or vedfluation of the ai information is made by AM or F r yt. Ag k #4Bryan, Texas 77805 -3787 y AGC 'P 640 Briarcrest Drive, Suite 125 ,� � ryan, Texas 77802 �)oint Venture - iF � y� "fIAMEOF T: (If applicabk) PE Of WORK (File a separate form for each Classification of Work.) A 1 3111 - - - r General Construction HVAC Electrical Plumbing p Other: (Spec{fi) Ih Y inl R' ORfiAN17J1TK)N , How'manyyears has your organization been in business as Contractor? 18%2 years AIA Docunent A606° - 7986. Copyrrght O 1964, 1969, 1979 and 7986 by The American Inasule ofArchdeM. All rights rantrad. WARNING: This jUe D*cumem bi protected by US. Copyright law and International Treaties. Unaumorbad reproduahon or dletdbNion or this AIAe Document. 1 'ar any ponlon of It may result In Revere OWN and criminal penalties. and will be prosecuted mthe maximum extent possible under the law. t' purchaean are perm to nproduoe tan If 0) copies of this docimenl when eongletsd. To report mpyrlght yl?ueerw of AIA Conhdq Docimlenls, a-mell ...The Arrwdean Inea e, of An hhocts' legal munaet wp^h*aia orq 5 Yy. 2 0 LICENSING '§ 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do lausirim aad indicate ' sYgistation or license numbers, if applicable. - r;4 ' 2 2 List in'w'hich your organization's partnership or trade name is filed ` 5 d, ,,32 Claims and ( /,the answer to § 3.2.1 1 C< resrions below is yes, attach detads,) mization ever failed to complete any work awarded to it? judgments, claims, arbitration proceedings or suits pending or outstanding against your or its officers? 3:Z 3 your organization filed any lawsuits or requested arbitretloo_svith regard to construction contracts within the last five years? ,No Jtthin the last five years, has any officer or principal of your organization ever been an officer or principal of r organization when it failed to complete a construction contract? answer is yes, attach details.) No_ ,rMr p asra 'te sheet, list ma or constructon projects , your organization has in progress. giving the name of arohitect, contract amount, percent complete and scheduled completion date ! {,1 State total worth of work in progress and under contract- ,11$6,798,897.00 y � 1966 by The Anwrkw IrrsbUe 4 oval Trestles. Unauthorized re ]as, and will be prosecuted to ml when completed. To report a ucheeds. All rl9hts reserved. WARNING: This ,ducUon or distribution of this Ale Documenl, , maximum alatent passible under nw law. n9m NdMwr, d/WS Conbad Dowmems. area) R, I § 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner; architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. *W ' ,§ 3.5.1 Sisk average annual amount of construction work performed during the past five years: 56,990,922.00 lit, 5va 3 6 On a separate sheet, list the construction experience and present commitments of the key individuals of your 0 REFERENCES F "tt r��§41 fradereferences: we Rent It i Account # MA5520 a it of (979) 823.0085,(979) 779 8351 Fax rtw� e C Construction Services Account # 790720 (979) 690 - 7871, (979) 690 -7869 Fax F. , I Action Gypsum Supply (AGS) Account # 10110 • {979) 775.0890, (979) 775-0871 Fax V ` " °Yilootison Lu nber Account #20205 r ` ' 's9) 1322 -3765, (979) 822 -1224 Fax j71 Sant rcfe ;k Amen ca n Momentum Bank `.. a 14830 W. Kennedy 'Blvd., Suite 200 r7 4 Tampa Florida 33609 r -t 8i9) 282 9160' ar �ttn,Ms Maureen allagher ^r�s� 3Y d 431 Name of IT Ing company: d t American Specialties Surety Group �F I +� nchresfer New Hampshire 03101 -2524 yy3 644 -6600 y Rv 4 Name and address of agent: m s RacheI Thomas `bb�Sttscker Dunphy 8 Zimmerman R 150 South Fifth Street; Suite 21300 .,',x Minneapolis; Minnesota 55402 j7 tx,`: (612)349 —'2467 itf04. §5A FINANCING tI '1 § 5.1 Financial Staternent { �51 1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income igtement ahowing the following items: :1 ' Current Assets (e.g., cash, joint denture accounts, accounts receivable, notes receivable,' accrued ` ti ntcame, deposits materials inventory and prepaid expenses) a ' "s�t et Fixed Assets y z It, W: r "I tai .,xer Assets N(M rat <.0irrimt Liabdthes (eig.; accemnts payable, notes payable, accrued expenses provision for income hitY t h &ytct s, advances Seemed salaries and accrued payroll taxes), and '" .Otber.L(abilities (e.g., capital,capital stock, authorized and , outstanding shares par values, earned eurplus and retain6d eamings). - AU Document 11306° —111116. CopydOM O 1964, 1969, 191D end 1996 by The American Inaehne or Arihaxla. AN rights raaerwd. WARe WG This AIA* Document Is protected by U.S. copyright Law and International Trestles. Unauthorned reproductlon of dlsdibutlon of this AIA Document, 4 or any portion of a, may result In seven civil and'cdminsi penpaes. and will W proa¢uted to the maximum extent possible under the law. -. t purchasers ane . parmined to reproduce ten (10) copies of this documeni when oomplatad. To report copytghl violations of AIA Correct Documents, ennail The American Institute of Archilecis' legal counsel, copyright@,fin.org. Vol. /�� pg. , /�', g 512 Name and address of firm preparing attached financial statement, and dale thereof: The Adam Corporation / Group one Momentum Blvd., Suite 1000 IRS College Station, Texas 77845 * � NOW, C » 1� ,, Is the attached financial statement for the identical organization pained on page one? ' Yes 1,4 If not, explain the relationship and financial responsibility of the organi7ation whose financial statement is vided (e.g, parent - subsidiary). e` ?�i i'S7r✓iy FY �rjQ l� A r S 2til the otgantzatwa whose financial statement is attached act as guarantor of the contract for construction? y I Dated dus 5th, : day of December 20 13. �r }Namcoforganization: Me ison Construction, L.P. u µ 9� ' II. , µxr i" el R. ones gy M k9 �PTesident 551., t. Michael R Jones being fiduly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be FrtIsle ading. Subscribed and sworn before me this 5� day of December 2 d3- OLAX , ,rte k1 { �i ill "� Notary public: _ Sharon K. Polak t' Notary Public,,Stele of Taxes �re My Commission Expires March 19, 2016 xrttmission expires: 311912016 CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that - e.4hanges will not be obscured - - al leave' -:f a66.'Copyright O 1964, 1969. 1979 and 19M by The Amentan Institute m ArMT001a. wit norm reearvao. wa"ninu: -.Ills i prot"d by U.a. Copyright Law and Intemegonol Treades. Umuthorized reproduction or distribution of this AlA' Dooument 5 n, ms9 result M severe civil and criminal penaltlss, and will be prosecuted to the suxlmom extent possible under the law "need lo reproduce ten (1n) oeplesof,this document when corn leled. To report copyright Adult m of ALA Cwltraet Doamwds, e-mail Bata of Architects' legal counsel. F-Vol . �i� /-7 % ! Qualification Statement 3.4 Current Major Construction Projects Current Major Construction Projects Name and Location of Project: Rest Western Hotel - College Station Texas. ContractAmounC $7709140 Percent Complete: Projected Completion Date: April 2014 Owner Reference Contact Name: PaSIjuspitality - HatelPatel Telephone: 5121762 -3557 Address: 124 Heath Dciye rellege Station Texas 77845 Architect/Engineer Reference Contact: Name: nPS(gp/Build - Matt Nash _ •:. •1 tt :W.: :t Telephone: [979) 268-5520 Name and Location of Project: c h ubot Exo dc Bird ilea] th Center - Colleee Station Texas Contract Amount: t2 683,250 Percent Complete: Projected Completion Date: tune 2014 Owner Reference Contact: Name: Roard of 11rp2rils j)[ Texas A&M University -Rod WeisS Telephone: (979)845-5317 Address: P.O. Box IS812. Collfge St2tion. Texas 77841-5013 Architect/Engineer Reference Contact: Telephone: (979) 260 -2635 Name and Location of Project ContractAmount• $96391 Percent Complete: 800A Projected Completion Date: November 2013 Owner Reference Contact: Name: _ Producers Coonerative Association - lames Deatherage Telephone: 19791778-6000 Address: 1 B00 North'iexas Ave.. Bryan. Architect/Engineer Reference Contact: Name: Design /Build -Matt Nash Telephone: (9791268-5520 Address: 1640 BEiarc est Drive suite 125 rvai1 Texac 77802 MADISON CONSTRUCTION, L.P. i VoL / pg. Qualification Statement 3.4 Current Major Construction Projects Current Major Construction Projects Name and Location of Project: The Shops at Caprock Crossing - College Station Texas ConoractAmount $170998 Percent Complete: 45% Projected Completion Date: December 2013 Owner Reference Contact: Name: Brazo,; TX Land Dgyelopment LLC- lesse Durden Telephone: (9791307-0321 Address: 11 n Lincoln Awe Ste, 103 College Srarinn Texas 77845 Architect/Engineer Reference Contact: Name: Shawn eaadsrn R Associates - Ie «e Durden Telephone: (979) 307 -0321 Name and Location of Project: University Square Apartment Fitness Remodel - College Station Texas Contract Amount: $139118 Percent Complete; Projected Completion Date: lanua 2014 Owner Reference Contact: Name: AggieSquare LP- Brian Townsley Telephone: (218TWWRI10 Address: 300 S, OW Architect /Engineer Reference Contact: l.,! ! Address: 1715 E 6th Street, Ste Ina Ausdn Texas 78702 Telephone: (5121636 -7653 MADISON CONSTRUCTION, L.P. VOL / P9 /, /"g, Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of project: Allen Academy Building A - Bryan Texas Contract Amount: $7.319482 Date Completed: May 2008 _ Owner Reference Contact: Name: Texas Private School Foundation Telephone: (979) 776.0731 Contact: Stephanie Malechek 1979) 776 -1111 Address: 1901 Boonville Road Pryan. Texas 77Rn2 Architect /Engineer Reference Contact: Name: SNW Group, LLP Telephone: f713) 877 -0900 Contact Gloria Barrera Address: 20 cast Greenu.,a„ Rla7a Suite 200 Hot stop Texas 77046 Name and Location of Project: ContractAmount: $3.000.000 Date Completed: Aueust2008 Owner Reference Contact: Name: Brazos County Telephone: (979) 361 -4291 Contact: Charles Wendt Address: 900 South Tev s Ayenue Btya❑ Texas 77803 Architect /Engineer Reference Contact: Name: Patterson Architects Inc Telephone: (979) 775 -6036 Contact Fred Patterson - Name and Location of Project: Contract Amount: $2.561.543 Date Completed: August 2009 Owner Reference Contact: Name: BryanlpdepCndant School District _ Telephone: (979)450-272S Contact: Larry Blair Address: 101 North Texas Ayrnue Bcyan T xas 77803 Architect /Engineer Reference Contact: Name: R j Payne R Associates Inc _ Telephone: (9791696-7272 Contact: Rohert Payne Address: 1509 Emerald Parkway Site 104, College Station Texas 77815 MADISON CONSTRUCTION, L.P. I Vol. /'F P9 /J-O Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: Adam Plaza Landscape - College Station Texas Contract Amount: $5.571.067 Date Completed: November 2010 Owner Reference Contact: Name: Adam Development Properties LP. Telephone: (979) 324 -7321 Contact: Steve Christian Address: One Momentum Boulevard Suite 1000, College Station Texas 77845 Architect /Engineer Reference Contact: Name: Naud Burnett & Partners Telephone: (2 1 4) 5212-91211 Contact: Kevin Clark Address: 5717 McKinney Avenue. Dallas Texas 75205 Name and Location of Project: Adam Plaza (1rt 2 "a Th. & 1V Floorl Finish -Out - College Station Texas ContractAmount: Confidential Date Completed: November 2010 Owner Reference Contact: Name: Adam Development Properties L P Telephone: (97) 324 -7321 Contact: Steve Christian Address, ulna Mtimrnt m Boulevard Suite 1000 College Stano❑ Texas 77845 Architect/Engineer Reference Contact: Name: Gensler Telephone: (Z) 356 -1390 Contact: CoreyCredeur Address• 711 Louisiana Street Houston Texas 77002 Name and Location of Project Contract Amount: $1S.654-820 Date Completed: December 2010 Owner Reference Contact: Name• Adam Development Properties LP. Telephone: (979) 324 -7321 Contact: Steve Christian Address, One Mnmrntum Boulevard Su its 1000 College Station Texas 77845 Architect /Engineer Reference Contact: Name HKS Inc Telephone: (241528 -9014 Contact: Kevin Clark Address, 1019 McKinney Avenue, Dallas Texas 75201 MADISON CONSTRUCTION, L.P. LIJOI. _� % !=- A Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: Crestview Phase I Redevelopment - Bryan Texas Contract Amount: $3564.079 Date Completed: September2011 Owner Reference Contact: Name: MRCCrestyiew Telephone: !2811 363 -2600 Address: 14401akefronrCirrle Suite 110 The Woodlands Texas 77380 Architect /Engineer Reference Contact: Name: Perkins+ Will Telephone: (214) 283 -8700 Address: 10100 N Central Expressway. Suite 300 Dallas, Texas 75231 Name and Location of Project: Brazos County Courthouse Facade Imorovement5 - Bryan Texas Owner Reference Contact: Contract Am ount: 51029.705 Date Completed: October 2011 Owner Reference Contact: Name: Brazos County Telephone:(9791436-2716 Contact: GarvArnold Address: 700 Smith Texas Avenue Bryan Texas 77803 Architect /Engineer Reference Contact: Name: Patterson Architects Inc Architect /Engineer Reference Contact: Name: Patterson Architects Inc. Telephone: f9791 775 -6036 Contact., Fred Patterson Address: 701 Smith Texas Avenue Bryan Texas 77803 Name and Location of Project Contract Amount: 44.259.912 Date Completed: April 2012 Owner Reference Contact: Name: Brazos County Telephone: (979) 822 -2127 Contact: GarvAmuld Address: 200 South Texas Avenue Brvan Texas 77803 Architect /Engineer Reference Contact: Name: Patterson Architects Inc Telephone: (979)775 -6036 Contact: Fred Patterson Address: 701 South Texas Avenue, Bryan. Texas 77803 MADISON CONSTRUCTION, L.P. -- Pg. /Jo2 Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: BVSM / Orthopaedic Tenant Finish Out Owner Reference Contact: Contract Amount: $506,537 Date Completed: December 2012 Owner Reference Contact: Name: St loseph R xlonal Health Center Telephone: (9791776 -5340 Contact; Steve Crichton 7784S Address: 7801 Franciscan Drive. Bryan, Texas 77802 Architect/Engineer Reference Contact: Name: The Arkitex Studio, Inc Architect/Engineer Reference Contact: Name: R.L. & Associates Inc Mr Robert Payu Telephone; (979) 696 -7272 Address: 3841 Kirby Drive. Suite 600 Ho istnn Texas Contact: Robert Payne Address: 1509 Emerald Pkwv Suite 104 College Station Texas 77845 Name and Location of Project: Contract Amount: $1.545.903 Date Completed: December2012 Owner Reference Contact: Name: TDI- Brooks International Inc Telephone: (979) 693-3446 Contact: Dr. lim Bru Qk5 Address: 14379 S Dowling Road College Sut'nn Texas 7784S Architect/Engineer Reference Contact: Name: The Arkitex Studio, Inc Telephone: (9791821-2635 Contact: Mike Record Address: 3841 Kirby Drive. Suite 600 Ho istnn Texas Address: 308 North Bryan Avenue. Bryan Texas 77603 Name and Location of Project ContractAmount: $696606 Date Completed: Aori12013 Owner Reference Contact: Name: Sterling Au o Group Telephone: (979) 846 -5555 Contact- Manuel Gonzalez Address: 205 North Earl Rudder Freeway. Bryan Texas 77802 Architect/Engineer Reference Contact: Name: Castles Design Group Telephone: (7131664-7974 Contact: Wayne Alderman Address: 3841 Kirby Drive. Suite 600 Ho istnn Texas 77098 MADISON CONSTRUCTION, L.P. I VOI, _ / P �� 3 Qualification Statement 3.5 Major Projects Completed Past 5 Years dimill Major Construction Projects - Past 5 Years Name and Location of Project: TAMUS I uederke Cyclotron UildineExpansion - College St?don Texas Contract Amount: $3,075,226 Owner Reference Contact: Name: Board of Rrecots of The Texas A &M Uni versity System Contact David Wilkinson Date Completed: Mav 2013 Telephone: (9791458-7043 Architect/Engineer Reference Contact: Name: Paul Anthom + Associates. LLC Telephone: (210) 375 -7700 Name: Jackson Calloway Associates PLLC Telephone: (512) 474 -8085 Name: HIS Inc Telephone: (2141969 -3161 Address: 1919 McKinney Avenue, Dallas Texas 75201 Name and Location of Project ContractAmount $3.981.577 Date Completed: 1=2013 Owner Reference Contact: Name: Brazos County Telephone: (9791822-2127 Contact: Gary Arnold Address: 200 cmuh Texas Avenue Bryan Texas 77803 Architect /Engineer Reference Contact: Name: Patterson Architects Inc Telephone: (979) 775 -6036 Contact: Fred Patterson Address: 701 South Texas Avenue Bryan Texas 77803 MADISON CONSTRUCTION, L.P. Vol. Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: TDI- Brooks international Inc Administration Buliamg_- i:oijege station Texas Contract Amount: $2,098,986 Date Completed: lune 2013 Owner Reference Contact: Telephone: (979) 209 -5943 Name: TDI- Brooks International Inc. Telephone: (979) 693 -3446 Contact: Dr. lim Brooks Address: 14379 South Dowling Road College St lion Texas 77845 Name: The Arki ex studio. Inc. -Mike Record Architect /Engineer Reference Contact: Name: The Arkitex Studio Inc Telephone: f979) 821 -2635 Contact: Mike Record Address: 308 North Bryan Avenue. Bevan Texas 77603 Name and Location of Project- TDI- Brooks International Canopy - College Station. Texas Contract Amount: $131025 Date Completed: 0ctoher2013 Owner Reference Contact: /1 I� t• 1 -.111 Architect /Engineer Reference Contact ITI.T.72TWUMT, 11 FRIMPTIT.WIPT211-A&MIN0.11 •i Name and Location of Project Telephone: (9791 693 -3446 Telephone: (979) 260-2635 Contract Amount: $61000 Date Completed: October 2013 Owner Reference Contact: Name: CityofBryan- DannvKrc Telephone: (979) 209 -5943 Address: 1309 c Martin Luther King RUan Texas 77803 Architect /Engineer Reference Contact Name: The Arki ex studio. Inc. -Mike Record Telephone: -(979) 260 -2635 Address: 309 North Bryan Avenue Bryan Texas 77603 MADISON CONSTRUCTION, L.P. Vol. / ��. pg. /'..57j-- Qualification Statement 3.6 Key Individuals Key Individuals Donald A. Adam Chief Executive Officer Principal a dam tMadamcoroorat ion.com Businessman, banker developer, and entrepreneur, Mr. Adam established Madison Construction, L.P. in 1995. Mr. Adam sought experienced construction industry executives to establish a lasting construction business committed to providing the Industry and its clients with project performance, quality and lasting value. Mr. Adam is involved in the financial aspects of the company and is committed to leading Madison Into the future. Michael R. Jones President mrionesOmadiso n- construction.com Mr, Jones graduated from Texas A &M University In 1976 with a Bachelor of Science in Building Construction His 37 years of construction experience provides Madison Construction, L.P. the ability and confidence to build any construction project Mr. Jones is involved in general oversight during all phases of Madison Construction's projects. He believes the best projects are constructed with a team of individuals including the owner, designers, and contractors. He is dedicated to providing projects with experienced individuals. Communication with clients and their architects and listening to understand their needs results in the best construction product Marq Synwolt Vice President - Field Operations mysnwoltflb madison -co nstruction.cnm Mr. Synwolt's 34 years of experience in construction industry coordination and management places Madison in the position to provide its clients with timely and quality construction A 1979 graduate of Texas A &M University, he has completed numerous projects in the Bryan - College Station and Houston areas. His ability to manage the construction process and the people involved is excellent Jody Quimby Vice President - Senior Estimator lody.@mad*son-construction.com Graduating from Texas A &M University In 1977, Mr. Quimby has spent the last 36 years in all facets of the construction business including cost estimating, conceptual estimating, project management and property quality control. Because of his multiple construction discipline experiences, Mr. Quimby is invaluable to understanding and determining construction cost J. Ray Patranella Senior Project Executive Ini0madi son -eon stru etion.eo m A 1971 graduate of Texas A&M University, Mr. Patranella's experience includes managing a commercial and industrial division of a medium size general contractor (RB. Butler), owning a general contracting business (LPL Construction), and currently estimating and managing projects for Madison Construction, L.P. for thirteen years. He has the knowledge and experience that every project deserves. Mr. Patranella personifies Madison's policy of customer service. MADISON CONSTRUCTION, L.P. Vol. � �l— pg./ Qualification Statement 5.1 Financial Statement Financial Statement 4 MADISON CONSTRUCTION, L.P. CONTRACTOR'S FINANCIAL RESOURCES INFORMATION Madison Construction, LP. Bryan. Texas Attachment: Madison Construction, LP.'s Unaudited Financial Statement dated September so, Rots. Notes: I) Madison's unaudited financial atstement is attached When miewmg these statements, plesse understand that Madison Construction, LP. is a wholly owed subsidiary of The Adam Cotpontion /Group. All cash for Madison Construction, LP. is managed at the co poste kvd. 2) Due to the financial strength of Tbc Adam Corporation Oroup, Madison's banding company NAS Surety Group does not require audited financial atatements of Madison Construction, LP. for bonding, thus Madison does not have an audited financial statement. s) Also. Please contact Madiwu s bonding agent. Joshua R Laftis, of Cobb Strecker Dunphy h Zinumeroan, Inc. at 4012 -849-24407 for soy questions concerning Madison's bonding opacity. Please contact me ifyou 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. -WAqq1� Michael R. Jostes President 164 &tsowt Drs • Ru4113 • M'an Tao 77901 P.O. M 3767 -&vW' Tsar 77305 -sw PAX W4166dS1n MADISON CONSTRUCTION, L.P. I Vol. --Z1�—/ Pg. , Qualification Statement 5.1 Financial Statement Financial Statement Smels cons&udbn,LP. e+al4msnt of Perndsl CoWltlons jUnsuessd) 9eph bv74 3017 9012 Assets Cash $ 247,093 S 196,853 Reoewables 506,605 2,713.646 Met Assets 714,409 3,246 Mat Flxed Assets 22,296 21025 ToW Nods S 1,491,263 f 2942,972 lisdl8bs Total Wdllees 1,215,201 1,760,534 Total EgLtty 276062 1,182,436 Total IJEhIaws B Equk f 1491,263 S 2,942,972 MADISON CONSTRUCTION, L.P. l f` p9 /S� Qualification Statement 5.1 Financial Statement Financial Statement tlbedlson Construction, L.P. Bottarrmvt of Operations (rmaudaed) For the Years Ended 10.5ep -13 30Sep-12 baba S 713944613 210,896,515 Cost of goods sold (6,922,563) (9,993,174) Grow profit 472,050 705,341 Prior periods adjuatmerd - 864,4C2 Total Income 472,050 1,589,743 expenses Compensation 689,725 881,97 0=08ncy 83,321 83,321 Depreciation 5,682 6,300 Trarepmtation 2,019 2.253 Professioral fees 4,544 18,340 Property tax 3,000 997 Other expenses 131.572 136,434 Total expermes 919,863 929,622 Net Irxprre .L .=7 L S 640,121 MADISON CONSTRUCTION, L.P. Vol. % %,:e Pg. /,5- Qualification Statement References Mr. Mike Record THE ARKITEX STUDIO, INC. 308 North Bryan Avenue Bryan, Texas 77803 (979) 821 -2635, fax (979) 775 -8224 msr @arldtex.com Mr. Dale Browne Civil Engineer MCCLURE & BROWNE ENGINEERING /SURVEYING, INC. 1008 Woodcreek Drive #103 College Station, Texas 77845 (979) 693 -3838, fax (979) 693 -2554 daie @mcclurebrowne.com Mr. James Deatherage PRODUCER'S COOPERATIVE ASSOCIATION 1800 North Texas Ave. Bryan, Texas 77802 (979) 778-6000, fax (979) 778 -0243 jwd @producercooperative.com Mr. Niels Jensen Manager of Manufacturing Expansion SAINT GOBAIN - NORPRO 1500 Independence Avenue Bryan, Texas 77803 (979) 571 -3420, no fax nielsjensen @aggie.network.com Ms. Ann Yager Chapman BURLESON HOLDINGS, LTD PO Box 419 Caldwell, Texas 77826 (979) 567 -3212, fax (979) 567 -7061 ajchapman @yahoo.com MADISON CONSTRUCTION, L.P. Mr. Fred Patterson PATTERSON ARCHITECTS 701 S. Texas Avenue Bryan, Texas 77803 (979) 775-6036, fax (979) 779 -0727 fred @patarch.com Honorable Duane Peters BRAZOS COUNTY JUDGE 300 East 261^ Street Bryan, Texas 77803 (979) 361 -4102 dpeters @brazoscountytx.gov Mr. Lee]. Ball KD TIMMONS, INC. 308 West Dodge Street Bryan, Texas 77801 (979) 822 -1394, no fax kdtimmons @gmail.com Mr. Jim Singleton Architect JIM SINGLETON ARCHITECTS 1711 Cavitt Ave. College Station, Texas 77801 (979) 779 -5757 x5, fax (979) 779 -5701 jim@jsarchitects.com Mr. Garland Bayliss Building Committee Chairman FIRST UNITED METHODIST CHURCH 2501 E. Villa Maria # 219 Bryan, Texas 77802 (979) 21B -9343 (cell), home (979) 764 -7993 No email TEXAS A &M UNIVERSITY SYSTEM 301 Tarrow Street College Station, Texas 77940 Minimum Prevailing Wage Rate County: Brazos Revised: 01/06/12 CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 13.23 Asbestos Abatement Worker 10.67 Carpenter 13.49 Concrete - Pour and Finish 13.02 Crane Operator 23.52 Driver 11.59 Drywall Installer 10.78 Electrician - Journeyman 20.10 Electrician - Apprentice 12.09 Elevator Mechanic - Journeyman 36.64 Elevator Mechanic - Apprentice 21.99 Fire Protection - Controls 13.60 Fire Protection - Pipefitter 17.69 Formwork Builder 11.65 Glazier 14.40 HVAC - Journeyman 22.30 HVAC -Apprentice 13.66 HVAC - Controls 16.05 Insulator 11.35 Ironworker 15.22 Laborer/Helper 10.02 Mason 16.10 Equipment Operator -Light 13.69 Equipment Operator - Heavy 14.99 Painter 11.57 Pi fitter - Journeyman 22.76 Pi fitter - Apprentice 14.54 Plasterer 16.07 Plumber - Journeyman 24.43 Plumber - Apprentice 13.49 Reinforcing Steel Worker 10.19 Roofer 11.71 Stone Mason 17.08 Terrazzo Installer 19.55 Tile Setter 11.90 Watt roofer 11.70 Weldor Receive rate for classification perfortning operation. Nora: Listed minimum preventing wage rate is the but hourly wage rate including fringes. Vol` I%el . Pg. c 0 0 0 J m C Y l0 a C Ql Q 01 OP M1 H Q N M N NO; 8 ,4 p$ O 8 pO m o 00 Y N8�8888g N $ N p O O ci H t O Y m p N Y a p N � u d ; 6 N V M A a rNi888 N N 1O r• � GI O T .E a a 9 v� 9 ' m ° m y O - a a s m g m ` E o E C i c � 4 a c o v 7 P= C � S OE v 6 F S p { c n y O u E - i a -Vol AGREEMENT FOR RENOVATION OF ARENA HALL PARKING LOT RFP #2013- 89 BRAZOS COUNTY, TEXAS Agreemm for Renovation - (Arena Hall Parking I m) -RFP h 2013 - 89 1,7V °g 1� TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agrcnnent for Rmmtion - (Arena Hall Parking Lot) -RFP 02013 - 89 _ rge 2 AGREEMENT FOR RENOVATION OF BRAZOS COUNTY ARENA HALL PARKING LOT This Agreement for the Renovation of the Arena Hall Parking Lot ( "Agreement'), Brazos County, Texas, in the amount of TWENTY SIX THOUSAND EIGHT HUNDRED THIRTEEN and no /1.00 Dollars ($26,813.00), is entered into this _ I y f-v) day of January, 2014, by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner'), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and DUDLEY CONSTRUCTION, LTD., (hereinafter referred to as "Contractor'). The Arena Hall Parking Lot Renovation is hereinafter referred to as the "Project." This Agreement is a schedule of values contract utilizing the following alternates: None. ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ( "Contract Documents ") consist of this Agreement between Owner and Contractor (hereinafter the "Agreement'): Request for Proposal # 2013 -89 (attached hereto and hereby incorporated as "Exhibit .A „); Special Conditions (attached hereto and hereby incorporated as "Exhibit "B "); Plans (attached hereto and hereby incorporated as "Exhibit "C "); Unified Specifications (NOT attached hereto but hereby incorporated); and, Wage Rate Schedule (attached hereto and hereby incorporated as "Exhibit "D "). A Modification is: (1) a written amendment to the Agreement signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub - paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatible electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ( "Contract'). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub — subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineers duties. Agreement for Renovation -(Arena Hall Parking Lot) -RFP # 2013 - 89 ge 3 Vol. � %`' Pg. � __ 1.1.2.1 SUMMARY OF THE CONTRACT PRICE: Contractor's Unit Price Schedule, Exhibit E, indicated a best and final offer of TWENTY SIX THOUSAND EIGHT HUNDRED THIRTEEN and no/1.00 Dollars ($26,813.00). 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the renovation of the ARENA HALL PARKING LOT in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: GENERALLY, the Project consists of the demolition of concrete, regarding of site, installation of handicapped parking, manhole and sump and other work specified in the construction notes and plans. 1.1.4.2 ADMINISTRATION OF THE CONTRACT WITHOUT ENGINEER: Owner anticipates the administration of the Contract without utilizing the services of a professional engineer. As stated, "Owner" and "Engineer' shall be given the same meaning and Owner shall perform the duties of the Engineer. However, Owner is not a licensed professional engineer and makes no claim to be a licensed professional engineer. 1.1.5 THE PLANS: The Plans are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terns." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement Of the Contract - Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." Agreement for Renovation – (Arena Hall Parking W) –RFP # 2013 - 9 Page 4 �,()I.__ e/ —IC7--1 pn /GJ (,/ I .2 Required: shall be understood to refer to the requirements of the Contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work calculated from the date of signing of this Agreement until Substantial Completion as defined under Article 9.8. .6 Day: A calendar day beginning and ending at 12:00 midnight .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; Instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —In— Contract ( N.I.C.): Work not included in this Contract. .11 And /or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. 12 General Contractor: Same as Contractor. 13 Material Man;. Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. 14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non- recoverable costs by the Contractor and/or subcontractors. Agreement for Renovation- (Arena Hall Perking Lot) -RFP X 2017 - 99 Pa e 5 Vol. / 1;�V P9 �6 - 15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non- recoverable cost after shop drawings, samples and /or schedules related to the change have been reviewed and found acceptable. 16 Prompt: Promptly and similar terms shall be held to refer to a time period of not more than Forty Eight (48) hours. 17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. 18 AgreemenUContract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if if is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the Agreement for R=vation— (Arena Hall Parking Lot) —RFP R 2013 - 89 — �� Page 6 VOL Pg. ��� -- removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "Inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 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 shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub - contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well — known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Agreement B. Addenda # 1 C. RFP # 2013 - 89 D. Special Conditions E. Plans F. Unified Specifications of Bryan /College Station G. Wage Rate 1.2.5 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.6 Enumeration of Items: Lists of "work included," "work excluded" and "description -of the work" and similargroupings are not intended to enumerate each and every item of work or appurtenance required therein, but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. Agr o mt for Renowuon- (Arena Hall Pang rot) -RFP # 2017 - 89 VO I - / GJ P / I Page 7 / g- 1.2.7 REFERENCE GUARANTEES: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Engineers. 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" 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. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements established by the Plans before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and /or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub — subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, 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 "written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub — Subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Agreement for Renovation- (Arena Hall Parking Lot) -RFP # 2013 - 89 q i Page 8 Vol. �` pg. /1D Engineer and /or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and /or the Engineer'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 Engineer's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, in CAD format, to Contractor, Subcontractor, Sub - subcontractor, and material and equipment supplier, or others Instruments of Service in electronic form (specifically AutoCAD Version 2013) for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. "Instruments of Service" are defined as "representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Engineer and the Engineer's consultants under their respective professional services agreements." 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineers consultants from the system and format used by the Engineer or Engineers consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineers consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and /or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, and others agrees to _hold Engineer, Engineer's con §ultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. Agrmmrnl for Renovation - (Arrna Hall Parking Lot) -RFP p 2013 - 89 ge 9 l" ! 1/c� �c /% a / 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub - subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. Owner intends to administer Agreement without an engineer. The term "Owner" or "Engineer" shall mean the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold, Director of Planning and Traffic, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is 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 at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in Agreemcni for Renovation — (Arena Hall Parking Lot) —RFP k 2013 - 89 Page 10 Vol. __�_��i Pg. _ / 7�2- accordance with Paragraph 1.6 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to cant' out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, 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 Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled (punch listed) to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner - Contractor Agreement, as a direct result of the Owner's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractors and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. er 2.4.3 -The Ownreserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs Agreemrnt for Renovation - (Arena Hall Parking lu) -RFP # 2017 - 89 Page 11 Vol. �f�c! pg. when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time, 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 authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. 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 Owner in such form as the Owner may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Owner, but it is recognized that the Contractor's review is made in the Contractors 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, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Owner any nonconformity discovered by or made known to the Contractor in such form as the Owner may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Owner in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and Agreement for Renovation- (Arma Hall Parking rnt) -RFP #2013 ' "89-'- "" - - -- - - Page 12 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 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 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 such error, inconsistency, omission or difference and knowingly failed to report it to the Owner. 3.2.4 Contractor shall verify the location of all easements established by the Plans before beginning the project. 3.2.5 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct 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 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 review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and 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 Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely 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 and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed dride(this Contract to determine -that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own Agrttmem for Rrnovaiion - (Arena Hall Parking Lot) -RFPq 7013 89 Page 13 Vol. / /�'52" p9,1� forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full —time Project Superintendent with a minimum of five years of similar construction experience. Superintendent shall be approved by Engineer and permanently assigned to project until full completion of project. 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 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Owner and properly accepted and authorized by Owner, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable. Notice must be specific and transmitted in letter form. If required by Owner, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Owner, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials; or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall Agreement for Renovation - (Arena Hall Puking Lot) -RFP N 2013 - 89 -- - - -- - Page 14 Vol. l f e' pg. /%k be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and /or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, ii so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Owner, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: 1 Damages to the building contents and /or building utilities or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by mechanical, electrical and plumbing subcontractors. AgnmMad for Rmovation -(Anrna Hall Packing Lot) -RFP # 2013 -89 - Page 15 Vol. pg 277 I 3.6 TAXES 3.6.1 Although Owner is a tax - exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub - subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 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 bids are received or negotiations concluded. Contractor shall not be required to pay fees to BTU (Bryan Texas Utilities) for this Project. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for sewer connection fees and all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.6.1 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 Agre nl for Renowtion -(Arena Nall Parking Lot) -RFP N 3011 - 89 n Page 16 1 v:)l Pg, /% be required to employ persons or entities against which the Contractor makes 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 allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3, 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent with a minimum of five years of similar construction experience 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. 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within thirty 30 days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, 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. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Agreement for Renovation — (Arena Hall Parking Lot) —REP N 2013 - 89 / �� Pq / Page 17 Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 312 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared 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 which 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 their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. Agre,anenl for Renovation - (Arena Hall Parking Lot) -RFP # 2013 - 99 _ - Page 18 / Vol. z Pg. �0 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub - contractor represent to the Owner and Engineer that the Contractor and Sub - contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8The 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 Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re- submission 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 Agm:,nent for Rmovation— (Arena Hall Parking Lot) —RFP 4 2013 - 89 a 19 1V0I.__/Yz pg. / X/ - 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 Engineer will specify 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 Engineer. The Owner and the Engineer 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 Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking 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. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 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 written consent of the Owner and of such separate contractor; such consent 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. Agr fflt rat Renovation— (Arena Halt Parking Lot) —RFP N 2013 - g9 VOI / �r' / ( q P*9e 20 - g' _ ooL 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 Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but 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. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION [A similar Indemnification provision appears at "M. INDEMNITY" in RFP 2013 — 89, Exhibit B. That provision is hereby eliminated and the following 3.18 INDEMNIFICATION shall govern indemnification of the Project.] 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "1NDEMNITEES') FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS 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 CONTRACTORS, SUB- CONTRACTORS, SUB - SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND /OR OMISSION Agreement ror Renovalion— (Arena Hall Parking Lot) —RFP 9 2013 - 89 / y_ Pg. Page 23 � 8� OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGAT IONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub - Sub - contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 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' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's 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. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site Agmcmcat for Renovaiion — (Arena Ha II Parking Lot) —RFP # 2013 - 89 ` /� Page 22 and made available to Engineer 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break— down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Approval of this Agreement by the Brazos County Commissioners Court No Later than February 14: Contractor attains Substantial Completion No Later than February 17: Contractor attains Final Completion 4.1 OWNER's ADMINISTRATION OF THE CONTRACT 4.2.1 The Owner, acting by and through its Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) from time to time during the correction period described in Paragraph 12.2. 4.2.2 The Owner has authority to reject Work which does not conform to the Contract Documents. Whenever the Owner considers it necessary or advisable for implementation of the intent of the Contract Documents, the Owner will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. 4.2.3 The Owner will review and approve or take other appropriate action upon the Agnanent for Renovation — (Arena flall Parking Lot) —RFP N 2013 - 99, - - - -- _ Page 23 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. 4.2.4 The Owner will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Owner may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.5 The Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Owner will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.6 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. 4.2.7 Interpretations and decisions of the Owner 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. 4.2.13The Owner's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time 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. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain the following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of 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 Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non - critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Owner. A decision by the Owner, as provided in Subparagraph Agreement for Renovation - (Arena hall Parking Lot) -F"#2013 - 89 / gage 24 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims Initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty -one (21) days after occurrence of the event giving rise to such Claim or within twenty -one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub - paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. 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. 4.3.6 Claims for Concealed or Unknown Conditions. [If similar provisions appear in Special Conditions or other Contract Documents, that provision Is eliminated and the following 4.3.6 Claims for Concealed or Unknown Conditions shall be effective for the Project.] 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. The Owner will promptly investigate and evaluate 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 Owner 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 Owner shall so notify the Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty - one (21) days after the Owner has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment may be referred to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make 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 Agrecment for Ra vation -(Arena Hall Parking La) -RPP M 7013 - 89 Page 25 / Val __ / ;y. /g, ! emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (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 Engineer; (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 this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by the agreement between Owner's representative and Contractor's representative that a rain or mud day occurred. Such agreement shall not be unreasonably withheld by either party; however, both parties understand and agree that the final allowance for any delay based upon adverse weather conditions shall be at the discretion of the Brazos County Commissioners Court. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty -one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. Agreemenl for Rcnovalion — (Arena Hall Parking Lot) —RFP # 2013 - R9 -- ge 26 r Pg._I �� 4.3.10 If unit prices stated in the Contract Documents, or subsequently agreed upon, and K quantities originally contemplated in the Plans 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. For purposes of this provision, "Materially" shall mean a change in quantity of at least twenty -five percent (25 %) and a change in price of at least ten thousand dollars ($5,000.00). 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents, regarding the Project, if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty -one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim • by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer 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 Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty -one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. - 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer Agreement for Renovation —(Arena Hall Parking Lot) —RI-P N 2013 - 89 1 �/ IIage 27 Vol, - /ln5` _ pg. /!�% i will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 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. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 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. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub - subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 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, upon award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will Promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner -or Engineer has 'made "reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Agreement for Rrn vation — (Arena Hall Parking lot) —RFP N 2013 - 99 P ge 28 Vol. _ -. /�� �'q. � f'd 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer 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 shall similarly make copies of applicable portions of such documents available to their respective proposed Sub — subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub - subcontractor, or other tiers, and Owner or Engineer, except for provisions in paragraph 5.4. 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: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those Agn,nimt fm Renovation —(Aetna Hall Parking Lot) —RFP # 2013 -89 ge 29 subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior under bond relating to the Contract. rights of the surety, if any, obligated 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractors compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. 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 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 of 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 Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of 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 when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum 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. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 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. Agrmnent for Renovation -(Area Hall Parking 1nt) -RFP # 2013 - 89 P ge 30 t Vol. _ ��'S� Pg. /_1 vZ 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 Engineer 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 contractors' 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 incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 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 after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 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 Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Engineer alone. 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. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Agrcamcnt for Renovation — (Arena Hall Parking Lot) —RFP # 2013 - 89 31 Order or Construction Change Directive 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. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for 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 terns of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer 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 page 32 Agreement for Renovation - (Arena Hell Parking Iat) -RFP 4 2013 - 89 Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 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' or workmen's 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; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. 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. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, 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 ail of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination 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 in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Agreement for Renovation -(Arena Hall Parking Lot) -RFP k 2013 .89 / � / �� I Page 33 / 1 Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve Substantial Completion of the Work not later than Ninety (90) days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon permit acquisition following the final approval of the Agreement and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer." 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in this Agreement 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, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. Agreement for Renavation- (Arena Hall Parking Ut) -RFP k 2013 - 99 /4, j / (Page 34 /V r3,� i I 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and /or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and /or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, 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, adverse weather conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer, Owner, and Contractor may determine. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. Agreement for Renovation - (Mena Hall Parking Lot) -RFP 4 2013 - 89 Page 35 8.3.4 If Contract Time is extended pursuant to paragraph 8.3 for no more than fourteen (14) days, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.5 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re- execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is TWENTY SIX THOUSAND EIGHT HUNDRED THIRTEEN and no /1.00 Dollars ($20,813.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 UNIT PRICING This Agreement is a schedule of values contract. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and /or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 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 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 no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Agreement for Renovation -(Arena Hall Parking Cut) -RFP # 2013 .89 ge 36 /��Vol. __ 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. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. 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 minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. 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 Engineer has: (1) made exhaustive or continuous on —site evaluations and /or 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 Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount -for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Agreement for Renovation — (Arena Hall Parking Lot) —RFP it 2013 - 99 I ry g / G'! / C� / I Page 37 / y Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .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 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; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub - contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer 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 Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineers certification, if it is necessary, in Owners opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub - contractor no later than seven (7) days after receipt of payment from the Owner, the amount to which the Sub - contractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Sub - contractors portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub — subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub - contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub - contractor. 9.6.4 The Owner has the right to request 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 (7) days, the Owner shall have the right to Agreement for Renovation - (Arena Hall Parking Lot) -RFP # 2013 - 89 Page 38 / %y � '�J ')_ Lo d contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer 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's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 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 with the contract Documents. 9.7FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Engineer, 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, 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 is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has ten (10) days to reach Final Completion of the Work . If the Contractor does not achieve Final Completion within ten (10) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by Agteeinent for Rmovation - (Arena Hall Parking Lot) -RFP Of 2013 - 89 Page 39 the Engineer and Owner to determine Substantial Completion 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which 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. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 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 Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that 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, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 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 Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer 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 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Agremnwt for Renovation — (Arena Hall Parking Ln) —UP R 2013 - 89 Page 40 ��� �- 0 Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owners on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) 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 Document 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, for Owner's review and approval. 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. 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 Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. 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 by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not Agrxmrnt for Rmvation - (A=a Nall Parldng Lot) - UP N 2013 - 89 / ^� Page 41 /N r�(� d2_ d✓� constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10AThe 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; .3 terms of special warranties required by the Contract Documents, or .4 non - conforming, faulty or defective Work appearing at or after final payment. 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. 9.11 LIQUIDATED DAMAGES 9.11.1 Owner will suffer financial loss if the Project is not Substantially Complete on the date set forth in the Contract. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each calendar day of delay after the date established for Substantial Completion until the Work is Substantially Complete: Two Hundred Fifty dollars ($250.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor 9.11.2 If three (3) days after Substantial Completion of the Work the Contractor is unable to achieve Final Completion of the Project as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each additional calendar day of delay past three (3) days after Substantial Completion until Final Completion is achieved: Five Hundred Dollars ($500.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor. Furthermore, this thirty day time period may be extended if Contractor is required to order material necessary to achieve Final Completion and the lead time to order and receive such material is over twenty (20) days. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. Agreement for Renovation — (Arena Hall Parking Lot) —RFP # 2013 -89 Page 42 v �� pg. a� 6T 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .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, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 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 posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel, and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 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 Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub — subcontractor, 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 Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer 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. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. Agreement fur RMDVallnn— (Arena Hall Parking Int) —RFP 4 2013 .89 Page 43 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.8 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines; penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor Agreement for Ren ovation - (Arena Hall Parking Lot) -RFP 4 2013 - 89 Page 44 that result in the Engineer receiving a citation under the OSHA multi - employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineers personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractors performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any 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 hazardous 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 report the condition to the Owner, in writing, with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance' also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractors 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 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 will 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 the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has 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 Contractors 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, Engineer, Engineers consultants and agents and employees of any of them from and against claims, damages, losses and Agr=nent for Rcnovation - (Arena Hall Packing tut) -RFP 0 2013 - 89 / / Q 0 7 Page 45 expenses, including but not limited to attorneys' 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 Subparagraph 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 to the fault or negligence of the party seeking indemnity. 10.3.4The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 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 10.4.1 In an emergency affecting safety or health 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 Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by 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' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; Agre mt for Renovation - (A¢ Hall Parking Lot) -RFP 9 2013 - 99 Page 46 Vui .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, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .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; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .8 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory Agreemrnt for Rrnovetion- (Arena Hell Parking tnq -RFP $12013 - 99 ^ Page 47 voi �� i- (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 1,000,000 each accident $ 1,000,000 disease, policy limit $ 1,000,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 years) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self- insured hazards each occurrence - 7. Business Auto Liability (including owned; non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence Agreement for Renovation ( Arens Hall Parking rot) —RFP 02013 -89 IU l 11/0 Page 48 Y� t7 I Note: The State of Texas has a no fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, and furnish evidence of, Builder's Risk Insurance. At a minimum, the policy limits of such insurance shall be equal in face amount to the full Contract Amount. At the option of the Owner or if called for elsewhere in the Contract Documents, the Contractor shall furnish evidence of such insurance with limits up to the full value of the Project under construction. Such insurance shall include the interest of the Owner, its employees and agents, and of the Contractor, its employees and agents, and of all Subcontractor, Sub - subcontractors and their employees and agents. 11.3.1.1 Property insurance shall be on an "all -risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owners option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owners property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance Agmcment far Rrn "tian - (Amna Flall Perking Wet) -RPP # 2013 - 89 / , `.� `/ TF#ge 49 policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney -in -fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 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 permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. 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 Engineer's, Owners or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineers, Owners or governing authority's examination and be replaced at the Contractors expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing- authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, Agrmncm for Renovation - (Arena Hall Parking W -RFP M 2013 - 89 PC Page 50 be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's 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 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year 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. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) 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 completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 4Th Contractor shall bear the cost of correcting destroyed, or damaged, 12.2. e construction, whether completed or partially completed---of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Ag.;.t fnr Ren. --ion - (Arena Hall Parking Lot) -RFP k 2013 - 89 Pq 51 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 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 Contractors obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which 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. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. 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. 13.2.2The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owners rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2:3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractors Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect Agmement for Renovation - (Arena Hall Parking Lot) -RFP 8 ZO u - ay that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered 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 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a 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. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents, Owner, or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. 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 re- tests, re- inspections and approvals following the failure of any test. Otherwise, the Owner shall bear costs of tests, inspections or approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections -are to be made so they may observe such procedures.' The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 _. Be 53 Agramrnt for Rrnovetinn -(Arrna Hall Patkin8 UU-RFP q 2013 - 99 i and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.5.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor. .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. P6ge 54 Agreemenl for Renovation — (At= Hall Parking lot) —RFP 02013 -g9 i P(, �/ % 1 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractors Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to insure 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: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractors Subcontractors shall, in all solicitations or advertisements for employees 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. 13.9 NON - DISCRIMINATION 13.9.11n performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. 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) days through no act or fault of the Contractor or a Subcontractor. Sub — subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated -. suspensions,-- delays or interruptions by the Owner as - described in-Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty -five (365) day period, whichever is less. q ... . Agmnma f" Rerovnim -(Am wll Pedd,& Let)-W# 2013 -99 Vol. /l- -� -- -- Pg. �� % age 55 - ' / 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, 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, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the 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 (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the- Contractor shall pay the difference to the - Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE Agrccment(or Renovation— (Arena Hall Parking rot) —RFP M 2013 -g9 F�age 56 Vii /%5l._ P9•� 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or 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 Subparagraph 14.3.1. Adjustment of the Contract Sum shall include 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 another 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 Owners 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 Owners convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the 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 -as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not Pp Agmemenl (or Rmntion - (Arena Hall Puking Lot) -R" N 2013 - 99 ge 57 � �Iv . Pg. �f 9 fumished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the 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 fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. 58 Ag mt fm Renovation - (Arena Hall Parking Lot) -RFP 0 2013 - 89 -'P u / 9c% Pg. �� ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's January 14, 2014, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Contractor and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 Date: CONTRACTOR: DUDLEY CONSTRUCTION, LTD. Agnmatem ror Renovation- (Arena Hall Parking Let) -RFP a 2u 13 - av . Pq. Vie?/ EXHIBIT "All ADDENDA #1 Agreement for Rewvalion— (Aetna Hall Parking Lot) —RFP 4 2013 - 89 / PagC 61 EXHIBIT "B" REQUEST FOR PROPOSAL 2013 - 89 Agreemem for Renosalion - (Arena Hall Parking W -RFP 02013'99 Gw pg. 61 EXHIBIT "C" SPECIAL CONDITIONS AgreMmt for Renovation— (Arcata Hall Parking Lot) —RPP # 2013 - 89 62 EXHIBIT "D" PLANS Agreement fnr Renovation - (Arena Hall Parking Lot) -RPP # 2013 - 89 P9. EXHIBIT "E" WAGE SCHEDULE . _......- _ Page b4 Agreement for Rcnovalion - (Arena Hall Parking W) -RFP R 2013 - 19Vol. - -/ - - FIg. �� _ y1 l \� Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #1 to 2013 -89 Renovation of Arena Hall Parking Lot Issued: October 18, 2013 Change: Clarification of Opening Date and Preproposal Conference Reason: Document Inconsistency Building, 200 South Texas Ave., Bryan. Texas. There will be a Pre Proposal Conference at the Arena Hall located at 2906 Tabor Road, Bryan, Texas at 2.00 p.m. on Tuesday, October 29, 2013. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: V g.� Renovation of Arena Hall Parking Lot Request for Proposals # 2013 -89 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building, Ste. 352 200 South Texas Ave., Ste. 352 Bid No.2013 -89 Bryan, Texas 77803 Page I of 18 pages Telephone (979) 361 -4292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Tuesday, September 17, 2013 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. There will be a Pre-Proposal Conference at the Arena Hall located at 2906 Tabor Road Bryan Texas at 2.00 p.m. on Tuesday. October 9, 2013. Release of RFP ............. ............................... ........................Friday, October 18, 2013 Advertisement Dates ...... ............................... .........................Friday, October 18, 2013 Friday, October 25 2013 Pre - Proposal Conference .......... .......................Tuesday, October 29, 2013 at 2:00 p.m. CST Deadline for Questions .......... .....................Wednesday, October 30, 2013 at 5:00 p.m. CST Proposal Submission Deadline .. .......................Tuesday, November 5, 2013 at 2:00 p.m. CST Review/ Contract Evaluations/ Negotiations ............................. .......................November AnticipatedAward ... ............................... ................. ....... .......................November A. PROCUREMENT DELIVERY Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will he read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If value chooses, these top scoring firms will be given an opportunity P potential engineering or cost saving suggestions to the County. The County will consider each of these suggestions and select those that the County believes present the best -value" to the project. The County will then send the selected value engineering/ cost saving prospects to each of the top evaluated firms for consideration and pricing. This process may be repeated depending on the project and its complexity. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a - rev isio . . n of the completion timeframe for inclusion into the final contract. Fvol--- /7 y P9 . SureTec KNOW ALL MEN BY THESE PRESENTS, that we Dudley Construction. Ltd. as principal, hereinafter called the "Principal,' and SURETEC INSURANCE COMPANY. 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto Brazos County as obligee, hereinafter called the Obligee, in the sum of Five Percent (5 %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Renovation of Arena Hall Parking Lot. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shalt within such time as specified in the bid, enter into a contract In writing or, in the event of the failure of the Principal to enter Into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project SIGNED, sealed and dated this 5th day of November, 2013. Dudley Construction Ltd (Principal) s BY' TITLE: PRES I D N T F AP Sur ec Insurance Com n BY'. Dennis M Descant, Jr, Attorney -in -Fact l3oyygc0.dup.d0c Rev 1.1.06 Vol. _._.. .1q1V Pg.. d�2� SureTec Insurance Company THIS ,BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866- 732 -0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800- 252 -3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714 -9104 Fax#: 512475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute Is not resolved, you may contact the Texas Department of Insurance . Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycoloxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 7.1.06 Vol. _�.��_ Pg.�,�0 B. SUMMARY OF WORK The Project consists of the renovation of the Brazos County Arena Hall parking area. This work includes demolition of concrete, regrading of site, installation of handicapped parking, manhole and sump and other work specified in the construction notes and plans C. CONDITIONS OF RIFF The following instructions apply to all 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 Vendor to famish 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. E 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 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the 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 spectrred. 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. 6. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. -- 21Page 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 and non- assignable by either party. B. The County may cancel this contract at any time for any reason, provided a thirty - day written notice is given. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the alternates and addenda 40° /a b. Completion time (Notice to proceed to substantial completion) 10% c. Quality of previous, similar contracts with Brazos County 10% d. Proposer's reputation with similar projects 20% e. Ability to perform contract 20% 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. 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. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Commissioner's Court. 15. 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. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is iecommeiided that the vendor check the Brazos Valley Bidding System for addenda prior to submitting their proposal. 31 Page Vol 17. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this request. 18. 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 The Contractor must include Employer Identification Number or Social Security Number and signature for the proposal to be valid 19. Proposals must specify the number of consecutive calendar days required to complete the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. 20. Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 21. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 22. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County, contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 23. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction fords that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, than such provision shall be deemed to be written, construed, and enforced as so limited. 24. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement will be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. 25. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit C attached. - 41Page D. SPECIAL PROVISIONS I. Contractors with questions regarding the proposal should submit them in writing via the Brazos Valley Online Bidding System at httas• //brazosbid.cstx.sov. 2. Fill out the proposal completely identify the proposal name and number on the outside and return it to the Brazos Counri Purchasine Department Admmistratton Building, 200 South Texas Ave Suitc 352 Bryan Texas 77803 by 2:00 p.m., Tuesday November 5 2013 The proposal is invalid if it is not deposited at the desigpated location prior to the time and date advertised, or prior extension issued to the Contractors. 3. All proposals shall be prepared on the bid fors located on the Brazos County web site https• /fbrazosbid.estx.eov. Be sure to put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 5, In addition to the County's proposal for, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A -305 or equal) listing five (5) similar representative projects with the project's owner and engineer contact information. 6. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. T The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 8 requirements response listed above and any other l factors not specifcallysment mentioned which would be advantageous to Brazos County. l 1. Performance Standards: a services contracted Contractor personnel) hall be appropriately dressed orderly all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. C. All materials and equipment brought to the site are full responsibility and liability of the Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, maerials,co uipment tools, transportation and other_ -- - - - - -- _ 5 Page facilities and services necessary for the proper execution and completion of the work herein contracted to be done. e. 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. 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. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). h. Progress payments will be made monthly, unless otherwise arranged, to the vendor based on work completed and materials stored onsite, as verified by the County's project manager and/or engineer and/or architect. Five percent retainage will be withheld from the payments until all work is complete and the County receives all release of liens, warranties and other necessary documents. Upon receipt of the aforementioned documents, a final application for payment should be submitted to the County for final payment of the retainage. E. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFOWMATION ACT Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted, and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Proposers. Proposers are advised to consult with their legal counsel 61 Page Vol / e _ Pg a2 �S concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Public Information Act. F. CONFLICT OF INTEREST 1. The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process Proposers their employees or representatives, are Rrohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the Proposal Any such contact will be grounds for reiection of the vendor's proposal. G. ADDENDA AND MODIFICATIONS I. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley Online Bidding System and will become a part of the Proposal package, having the same binding effect as provisions of the original Proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than five (5) business days prior to the Proposal opening date. 3. All addenda, amendments and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing Proposal responses_ 71 Page VOL / W pg. 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. H. EXAMINATION OF DOCUMENTS AND REQUIREMENTS Each Proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. I. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. J. 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. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy C. Worker's Compensation Polity ________________________._. — 81Page Vol. ��. pg. �J'% General Requirements applicable to all policies: a. Only insurance tamers 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 AXIII 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 attacbed 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:VllI or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Lint of $600,000.00 per occurrence for bodily injury and property damage. 3. 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 to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The workei s compensation ins uranee,shall include the following terms: a. Employer's Liabi�y limits of $500;000.00 for each accident is required._ _ _ 91Page ,;ni L/ ),,, � J3 ii 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 the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certificate ") - A copy of a certificate of Insurance, a certif sate 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 fof 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. 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 e coverage period, file n new certificate ojcoverage with the governments entity showing that coverage has been extended. 101 Page 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 (1) 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 andfor one year thereafter. G. The Contractor shall note the governmental entity in writing b}, 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. L The Contractor shall contractually require each person with whom it contracts to provide services on a project, to. (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, (1) 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 ----- projec[; and---- ------- -- --- - - - - -- - -- — -- 111 Page (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; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) note the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have !mown, 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. 4. CERTIFICATES OF INSURANCE certificates shall be prepared and executed by the insurance company or its 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 are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. 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. 12 1 Page K. 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. L. 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 shalt provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attu.: 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 wam 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. M. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, 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 by - -- - - - -- 13 1 Page Vol. Pg•_-J 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 engineer, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the County, 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. 14 1 Page Pg - N. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its olrrcers, 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 fumish 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. O. BONDING REQUIREMENTS 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 bond, each in the amount of 100% of 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 COMOPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE, TO BRAZOS COUNTY. - - - -- — - -- - - - -- 15 1 Page V('! �/ �f Pg 02els(- P. PROPOSAL SUBMITTAL The Contractor shall submit the proposal on the forms enclosed on the Brazos Valley Online Bidding System. 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 five (5) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP. b. Contractor's Qualification Statement (AIA Document A -305 or equal) 5. By signing the certification below, the vendor verifies that all exhibits (A — C) have been reviewed and are considered in the pricing attached. V. LIST OF SUB - CONTRACTORS: 1. Electrical 2. Plumbing N L{A 3. 4_ Site W. Pricing 1. Pricing for all materials a. Pricing in wor¢ format included in the base F: 2. Time to substantially complete (99 %) base proposal work: days a. Number of days in word formal; 'INN if i+ 1 3. Pricing for all materials and work included in Alternate tll: $ NIA a. Pricing in word format:_ F-o,-- / _Y,v— 161 Page W. Proposal Evaluation Waiver By submitting a proposal or response, each Proposer /offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and /or (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION "The undersigned affums that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Firm's Name: OU Ey cc)Os L, ur 1 i2 14 L - _.1 T --iddq Proposer's Name: Position /title: ne –tiF LENERAI PwRTNt=° — Proposer's Signature: i — Date:y A_i -i% o tS.2013 Subscribed and sworn to me on this rjTl'I day of NW 61+16EIZ in the year 2013 Notary Pubuc v - My Commission expires 10 21 I Vol Pg- AI.ISYN HARGETT Notary DobVc, stale of Texas My Commission Esplies Octobol 11, 2016 17 1 Page X. 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 Date (� 3 Date. Y. CERTIFICATION OF PROPOSAL No. Date 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 o any ther Contractor prior to the official opening. Signed By: Title: Po6stb#or of 1Wr 6P Typed Name: Company-Name: Dul2iX ' Wp.J6TF%UL11ONI Lilt, Phone No. 9'19.170. 2135 Mailing Address: 11310 SSErF- tit 6 H W A v 30 • CS Tic -1 "18"5 P. O. Box or Street City Statc Zip Employer Identification Number: 81 - 056 9 6 S q CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. 2013-89 By signing below, Brazos County agrees that this RFP 2013 -89 will b awarded to the vendor whose name appears above and bo p ies a ce to a and conditions contained herein. By: Brazos Co u ty C mmissioner's Court Date ���f ll � n Attest: Brazos County iVY 18 I Page Brazos County 4 t Purchasing Department Y O� 200 S. TX. AM STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #1 to 2013 -89 Renovation of Arena Hall Parking Lot Issued: October 18, 2013 Change: Clarification of Opening Date and Preproposal Conference Reason: Document Inconsistency Proposals will be received, Publicly opened and acinowledged at 2:00 P.m., Tuesday, November 5 2013 in the Brazos County Purchasing Department, suite 352 Brazos County Admimstratioa Buildine 200 South Texas Ave Bryan. Texas. There will be a Pre Proposal Conference at the Arena Hall located at 2906 Tabor Road. Bryany Texas at 2:00 P_m on Tuesday. October 29.2013. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. ' Acknowledgement of Adde um /( \c't!� Signature: Printed Name. Vol. I-9.Sld _ Construction Notes 1. Contractor to schedule the location of all utilities, public and private, prior to beginning work on the site. The Contractor will be solely responsible for damages. 2. Demo two (2) oak trees, two (2) concrete pads, two (2) pipe bollards, one (1) wooden bollard, one (1) electrical pole, and existing sump as directed by the County. Saw cut and remove designated portion of sidewalk. All demo items and materials shall be hauled and disposed of in a manner that is consistent with federal, state and local guidelines, by the contractor at their sole expense. 3. Grade the parking area to drain away from the building to the ditch by Tabor Road. All excess dirt will be hauled and disposed of in an appropriate manner at the contractors sole expense. Proof roll the subgrade for soft spots. Provide and place Type A, Grade 2 limestone base to four (4) inches compacted. Material shall be compaction tested to 95% of TOOT test method TEX 113 -E + or — 2% moisture. Dimensions of parking area will be depicted on drawing. 4. At ditch, install ten (10) foot wide and 15 foot long section of 3 "x5" limestone rip rap as directed by the owner. 5. Manhole shall comply with the attached B /CS Unified Standard Detail attached and the following requirements. The contractor must provide submittals, coordinate specifications and obtain written approval from the Brazos County Director of Facility Services prior to manhole purchase. Top of manhole ring and cover will match elevation of top of loading dock ramp wall. Bottom elevation will be two (2) feet below the bottom of trench drain in loading dock ramp. Manhole will have a flat bottom. Tie trench drain into the manhole two (2) feet above bottom of manhole. A' /." hole should be provided in the side of the manhole, approximately Y. of the way from the top for electrical hookup. Additional holes may be requested by the County's Facilities Services director and should be coordinated prior to ordering manhole. A two (2) inch hole should be provided for the drain. Ball can be native material with County approved compaction. 6. Handicap parking and sidewalk shall be dimensioned as shown on attached plans. The concrete shall be 4,000 psi. Rebar shall be #4 spaced on twelve (12) inch centers each way. Sidewalk paving shall be doweled into existing sidewalk with ' /z" dowels with fiber expansion joint and caulk. Pipe bollards will have a concrete cap and be concreted two (2) feet into the ground prior to paving. Bollards should be painted yellow. The space between the handicap parking be spaces should be striped diagonally with yellow paint. Wheel stop y standard size. Handicap signs shall be installed per the plan instructions. � /1 V , � % � /nl 1__ S�__ 7. Silt fence will be installed and maintained by the contractor across the entire downhill side until grass is established. When the grass is established, the fence shall be removed by the contractor. B. Warm and cool weather grass shall be applied to all disturbed areas not covered with gravel at a rate of two (2) pounds per one thousand (1,000) square feet. Contractor will be responsible for grass establishment. 9. All testing that meets or exceeds requirements will be paid for by the owner. The owner will schedule all testing. 10.The contractor shall prevent the transport of sediment to adjacent properties and public rights of way and is responsible for cleanup if such occurs. Contractor is to ensure that no construction debris or mud is tracked or discarded on to any public or private streets or land and is responsible for site cleanup after each day's work. Contractor is to make use of best management practices to prevent sediment from leaving the site. Contractor shall maintain erosion control throughout the construction period and until grass is established. Vol. � Pg.�sO Ak r a OR r. a�-ya �ad i 't a2ay +,s �f t 1' t e y s r 4 i l'i 124` otwel tuars Faet i w r � i; t��rFt z.• ti. aflf a. 'l' a NW15. I. Me'M �NIWAIY•/NO OONCRe1e MVGALNf iO LIDR NO MORC TMM YA. z. msmw% eerxeex New BRADGO TO DDM (AWAY TIROM EURDING O 91O[WA4c; s. ueroNC oRAIxuF'F l4 exisT a AIFrxNhr Fm uN o e. Oo Be 12MOVL'O. Vol` 9 P9•. � NOTES: 1 HALL BE USED T MIN. EACH MANHOLE IN NEW R EXISTING RIGHT -OF -WAY. 2. USE ADEKA SEALANT OR APPROVFO EQUAL AND CHIMNEY R COR9ELJCONE SECTIION. 3. MANHOLE BASE THICKNESS AND FOUNDATION AS FOLLOWS: MANHOLE DEPTH (FT. BASETHICKNESS. 0- 12 ------------- 8' 12 AND OVER ----------- 12- MANHOLE DIA. MAIN S12E 4 FT <18in. 5 FT 2161n. <901n. B FT 2981n. 4. MANHOLE LOCATION AND COMPACTION AS FOLLOWS. LOCATION COMPACTION REOUIREAI -F� IL[ PAVEMEN--------- 98 % STANDARD PROCTOR (ASTM D 6%) LANDSCAPE AREA_ _ _ _ _90 %STANDARD PROCTOR (ASTM D 698) S. NO RINGS ARE REQUIRED OUTSIDE OF STREET RIGHT -OF -WAY 6, IN FLOOOPLAINS OR AREAS OF CONCENTRATED FLOW THE CONE SHALL EXTEND I BOLT DOWN WATER --TI HTORING THE BASE FLD AND COVER SHALL BE USED, R A VENTED WHERE REQUIRED. 7 CEO WHERE SEWER CROSSES OPEN FIELDS. NOTE: WILL REOU RE 2 MATS OF r RENFORCING STEEL IN THE BASE, STD. DUCTILE IRON (MANHOLE COVER AND FRAME OPENING) OR EQVAL�- DIA. SEE NOTE 1 PRECAST REINFORCED CO NC. MANHOLE SECT. ASTM DES. C-478 BACK FILL AROUND MH SHALL BE AS PER NOTE 5" MIN: �l SEE NOTE 7 SEWER SIGN — MANHOLESIGI (SEE DETAIL S642) 12" MAX. WGREEN HEAVY D, WING CHANNEL OST 8' -0' V -0' %E 8' MIN. INVERT - 914 DIAMETER OF 1�'IFT I PIPE UP TO 24'. 24" AND LARGER SHALL BE FULL DEPTHINVERTS. WATERSTOP- PIPE CONX' —BASE MANHOLE ADAPTER EQUAL j2 REQ'D)ED gp�y.� f-0BARS, B'O.C.E.W. ED TOWALL AND BASE STANDARD PRE -CAST MANHOLE n.i[ OfTw MD. Crrv(wcnOavLrflAiuiv WCS UNIFIED GTIY of BAYAx AUG. 2012 STANDARD DETAIL 91-OOA TT Al Document A305M -1986 Contractor's Qualification Statement The Undersigned certifies under oath that the information provided herein is true end sufficiently complete so as not to be misleading. SUBMITTEDTO: BrazosCounly ADDRESS:200 South Texas Avenue, Suite 352 Bryan, Texas 77803 SUBMITTED BY: Dudley Construction, Ltd. NAME: Mark Dudley ADDRESS: 1 1370 State Highway 30; College Station, TX 77845 PRINCIPAL OFFICE: 11370 State Highway 30; College Station, TX 77845 [ ] Corporation [X ] Partnership [ ] Individual [ ] Joint Venture [ ] Other NAME OF PROJECT of applicable): Renovation of Arena Hall Parking Lot TYPE OF WORK (file separate form for each Classification of Work): [ X ] General Construction [ ] HVAC ] Electrical [ ] Plumbing [ ] Other (pleasespecify) ADDITIONS AND DELETIONS: The author or Mis document has added Information needed for its conviction. The author may also have revised the text of the original AIA standard farm. An Additions and poletions Report Iraq notes added Inch mallon as well as reNsim to the standard form Nut is available from the author end should be reNewed. A vertical line in the left margin of this document indicates where the author has added necessary Information and whore the author has added to or deleted from the original AIA tell. This document has Impodanl legal eomequenCe6. CmJtation with an attorney Is encouraged with respect to its completion or modification. This farm Is approved and recommended by the American insitude of Architects (AA) and The Associated General contractors of America (AGC) for use YI evaluating the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by AIA OF AGC. I§ 1. ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 21 § 1.2 How many years has your organization been in business under its present business name? I y 1.2.1 Under what other or former names has your Organization operated? RM Dudley Construction Co., Inc. - § -1.3 if your organizauon is a corporation, an the following: § 1.3.1 Dale of Incorporation: § 1.12 State of incorporation: § 1.3.3 President's name: AIA ooeumanl A]0a^ — 79ae. CopYrlaM O 1962, lava.1919 ono 12e6 Oy Tro Amenean InatnuN b ArC"ecUl AN r Do2O1001 W Protseled by u.5_COpYriaht law and In"MAlbNl Tnaeo. Unauthonred nproducdbn or disturb p r ocea by A1A may mwralst 1000.18 on I11D1rMal3 under ulOrder No $111689905 1ew"M eaplrn o0 05r16:201t er Uaar NOI0C / 7 V �l,m afthls AIA* Documsnl,orsny 1 ',NOW under Me low. This doeulrled was Ir M for 2301. (9227906 71) § 1.3.4 Vice - president's name(s) § 1.3.5 Secretary's name: § 1.3.6 Treasurer's name: § 1.41f your organization is a partnership, answer the following•. § 1.4.1 Date of organization: September 2002 § 1.4.2 Type of partnership (if applicable): Limited § 1.4.3 Name(s) of general partner(s) Mark Dudley and Deanic Dudley § 1.51f your organization is individually owned, answer the following: § 1.5.1 Date of organization: § 1.5.2 Name of owner: § 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. TEXAS § 2.2 Listjurisdictions in which your organization's partnership or trade name is filed. TEXAS § 3. EXPERIENCE § 31 List the categories of work that your organizations normally performs with its own forces. General Conditions, Concrete, Carpentry, Doers and Hardware Installation, Gypsum Systems, Acoustical Ceilings, Metal Building Erection, Excavation and Site Work, Utilities § 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 Tailed to complete a construction contract? (If the answer is yes, please attach details.) AIA Document A306" —1986. CopydBtN O 1984, t gag, 1979 and 1986 by The American Institute of ArNBecis. All rights reaarvad. WARNING: This AIAe Document Is protected by U.S. Copyright Law and Intematlonal Traatles. Uneuthodxed reproduction or distribution of this NO Document, or any portion of It, may result In severe clvll and criminal penelliae, and will be prosecuted 10 the maximum extent possible under the law. This document was produced by AIA sonware at 10:00:16 on 11/0112013 under Order No 8120889945_1 which.axpresnngs16f2074, mE. if not for resate. (929790571) No § 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. See Attached List § 3.4.1 State total worth of work in progress and under contract: $13,000,000 § 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect. contract amount, date of completion and percentage of the cost of the work performed with your own forces. See Attached List § 3.5.1 State average annual amount of construction work performed during the past five years: $15,000,000 13.6 On a separate sheet, Iist the construction experience and present commitments of the key individuals of your organization. See Attached Resumes § 4. REFERENCES § 4.1 Trade References: Transit Mix: P.O. Box 991 /Bryan, TX 77806 (979) 778.1818 § 4.2 Bank References: Compass Bank; 2450 Texas Avenue South; College Station, TX 77840 § 4.3 Surety: § 4.3.1 Name of bonding company: SureTec; 1330 Post Oak Boulevard; Houston, Texas 77056 § 4.3.2 Name and address of agent: Brady, Chapman, Holland and Assoc.: 2190 N. Loop West, St. 200 /Houston, TX 77018 (800) 313 -4162 § S. FINANCING § 5.1 Financial Statement, 9 5.1,1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materiats inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for WORTH! - tares, advances, neertled salaries and accrued payroll taxes); AIA Document A306° -1966. Copyright a 1964, J969,1979 and 1986b Tiro Amel Kan cnswnu,a w Nu -w -•— -- - - Document Is protected by U.S. Copyright taw and International Tmatlas. Unauthorized reproduction or dlaDibutlen of this Ale Document, or any portion of it. may result In severs civil and criminal penalties, and will be pm5 1 uteri to then al extent to and possible for Haab. law This oacomeM was produced Dy AIA aonware at 10 W:18 on 1110 112 01 6 undar+pprdarile819(16698!t _ . ___ -. - (9Z97906711 War Noma: I)/O� "_�...._. .._._ ( - pg. ,�2,rd 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 firth preparing attached financial statement, and date thereof: Kay Perrone and Associates, 716 Briercrest, Suite 203, Bryan, TX 77802 -2700 — May 26, 2005 § 5.1.31s the attached financial statement for the identical organization named on page one? Yes § 5. 1. 41f not, explain the relationship and financial responsibility of the organization whose: financial statement is provided (e.g, parent- subsidiary). § 5.2 Will the organization whose financial statement is attached act ns guarantor of the contract for construction? N/A § 6. SIGNATURE § 6.1 Dated at this 5th day of November 2013 Name of Or aniz Ion: D ley Construction, Ltd. By: ,nut % Title: President ofthe Gen artner § 6.2 M Mark Dudley being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and swoom before me this 5rh day of November 2013 f Notary Public: V v/•V—! Peu-ttt e My Commission Expires: October 11, 2016 m ES-0 Al16YN NA9GETT NotolY Public, 6tttte of Tezot My Commission Expires October 11, 2016 AJApxument A305 °— 1996.Coptrl9m O t r$,C, 1969, 1979 end 19661y The Amerken lnebunem Anna .r. en ny,,,+,...,..•. o�,••- . -..... DecumontIs protected by U.S. Copyright Lew and lntematlonel Tralthm. Unauthorized reproduction or distribution of this Al Document, or any 4 portion of It, may result In an ere civ [tend criminal penalties, and will be prosecuted to the mexlmum extent possiblo under the law. TAlndocumem was produced by AlA SWMare a110:W:18 on /1,OV2D1]undor Order Na. 91206 / 9994 /Q5_lyw /hich_esptir- eyson05116 /2014: and is not for resole (929790671) Uaarfbtec r ���..� Experience with Similar Projects City of College Station TauberJStasnev Streets Rebabilitation This project involved the rehabilitation of Tauber and Stasney Streets from University Drive to Cherry Street. Eight foot sidewalks were placed on the east and west sides of Stasney between University Drive and Church Avenue. Sidewalks were constructed on College Main between Louise and Cherry St. $2,500,000 Owner: City of College Station Ed McDonald 979 -764 -3528 emcdonaldO,cstx.QOv Engineer. McClure and Browne Engineering Dale Browne 979 -693 -3838 dbrowneAmcclurebrowne.com _City of College Station Crescent Pointe Parkway This project included approximately 3,600 linear feet of a three4ane collector street for a proposed development with pavement, storm drainage structures, water distribution lines, sanitary sewer mains, franchise utilities, and street lighting design. $1,500,000 Owner: City of College Station Craig Jordan 979 - 764 -3816 ciordan c is x.sov Engineer. Jones and Carter (formerly Pledger Kalkomey) Steve Duncan 979 - 731 -8000 sdunc Dionescaster.corn BBr an Independent School District Henderson Elementary School Parking Lot This project involved the construction of a new parking lot for Henderson Elementary School with associated sidewalks and landscaping. $215,000 Owner: Bryan Independent School District Grady Slaydon 979 - 209 -1061 gslaydonAbrvani sd. ore Engineer. Goodwin Lasiter John Rusk 979 - 776 -9700 dirusk @,goodwinlasitencom City of Breen Park Hudson Tra0s This project consisted of the construction of a network of sidewalks which vary in width and cross - section. It also consisted of two pre - fabricated steel bridges, two four- column entry structures, one two- column gateway, landscaping, two reinforced concrete parking lots and electrical system for parking lot lighting. $1,300,000 Owner; City of Bryan Susan Monnat 979 - 209 -5030 smonnat@brvantx eov Engineer: McClure and Browne Engineering Dale Browne 979 -693 -3838 dbrowneAn— =lwebrowne.com 1Vo1 Pg'' °� Texas A &M University White Creek Bridge This project consisted of the construction of an 85 -foot long, 23 -foot wide concrete bridge with approach slabs and roads. $637,000 Owner: Texas A&M University Mikael Olsen 979A58 -0417 molsenftpfs4.tamu.edu Engineer. Goodwin Lasiter John Rusk 979 - 776 -9700 dimska)goodwinlasiter com Blinn College Temporary Overflow Parking Lot This project consists of the removal of an asphalt driveway, concrete apron and fire hydrant assembly; paving including grading, subgrade stabilization, base, asphalt paving, concrete paving, curb and gutter, drainage piping; sidewalks and ambulatory ramps; waterline construction; lighting and electrical lines; pavement markings and erosion control for the construction of a new parking lot at Blinn College in Bryan, Texas. $870,000 Owner. Blinn College Richard O'Malley 979 -830 -4054 richard omalley(dMinn edu Engineer. Bleyl and Associates David Besly 979 - 268 -1125 dbeslyAbleylengineerinc. com Texas A &M University Parking Lot "50" Expansion and Renovation $1,035,000 Owner: Texas A&M University Mikael Olsen 979-458-0417 molsen(F�ppfs4 tamu.edu Engineer: Martinez, Wright and Mendez 512 - 453 -0767 Similar Projects Currently Under Construction by Dudley Construction: City or College Station Joues- Butler Road Extension The Jones- Butler Road Extension project will extend Jones - Butler Road approximately 21COLF across TAMIJ property from Luther Street to the intersection of George Bush Drive and Penberthy Road. roadway will be constructed as a four -lane concrete section with sidewalks, curb and gutter, storm drainage facilities and street lighting. Additional improvements will be made including widening a portion of Penberthy north of George Bush, a traffic signal, livestock crossing under Jones - Butler and access improvements at Pearce Pavilion. $2,975,000 Owner. 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W T' .r z w H a W 0. k W Team /Project Management Cost Estimating and Value Erigloeering Project Scheduling Cootmel Negotialinns Dudley Construction, Ltd. -- College Station, Texas, President of the General Partner President and Ownn of C- Acml Contracting Company in Rams County with gross annual revenue in the range of $20 million per yew. Pepper - Lawson Construction, Inc.— Houston, Texas, Project Manager Respomible for on -site project maoagensent. Completed Projects: Blinn College Student Cater— Brenham, l "exas (86 million) Neiman Marcos Houston Gallmn— Houston, Texas ($4.3 million) 1992- Present 1988 -1992 Lebec, Constructors, Inc, Houston, Texas, Branch Manager 1986 -1988 Mamga of Catml Texas Branch nfrice located N Colicge Stmion, Texns Itcsponsibil itics included prepamtim ofestimates for bidding purpucc, ncgotia- Wnofmajorsubcontractsandpncbascorders ,overviewofeommxliontecbniqu implementedtrythePmjmtSuperinlendemtoensuremaximapadw- tiviy, preparation of schedules and cost projections and other activities associated with the management of commercial construction project. Completed Prujecm: Texas Diagnostic Cater— Huntvillq Texas (56.3 million) IexasA &M Univetsily Chemistry Building (15 million) Bryan Municipal Huilding— Bryon, Texas (53.2 million) Texas A &M Univeniy Physics Building (52.5 million) wal -Alan Store— Bollmcad, I class ($2.1 million) David F. Gray Construction Co., Inc—Houston, Texas, Superintendent/Froject Manager 1983.1986 Responsible fafN,xr /Arehi4a relations, Ribcwtmer negmiations, preparation orcost projects amt ochedules, approval of wbe mats and cW(ition of material. Completed Projects: BridgNark Office Park — Austin, Tem(S6.9 million) Shepimrd Mountain Plots — Austin, 1'exas(S6.2 million) Houston Lyc Association Medical Bldg.— Housrnn, Tc.us(S2 /million) Snadrpukll Building— Howton,Tem(SI million) Herman Zoo Animal Hospitd— ISauston, Texas ($1 million) au Texas Cater— Ilousum, Texas (1340,000) Evion/Shcer Center— Houston, Tams (1340,1100) - GARY FOST111111 Project 11ana "cr :Bill G'slimntur Tam/ Project Management W W Develop and Administer Projecl Budgets and Fiscal Controh,Conlracl and Quality ControtProvkmm aCoal Estimating and Vain Engineering Project Scbeduling Dudley Construction, Ltd. — College Station, Texas, Project Manager and Estimator 2009 — Present Resrw Ue fmdulies involved in Project 6tanagentent, including estimating future Projects, scheduling, technology comelimtion to djob casting. W Completed Projects: U%. BMI Defense Systems Manufacturing Facility ($3.Smilhun) TAMU Anthropology Building Renovotiou,42.6million) W Bryan ISO Sam Rayburn Middle School Ramevivions ($2.6 million) Bryan Gatmvay Retail Center ($17 million) y City of College Station Stephen C. Bcrechy Central Park huprovements ($715,(xx)) TAMU Soccer Field Enclosures ($487,000) Washington Coualy Heallh and Service Center Renovation ($38(),000) TAMIL Physical Plant Communications Renovation (S251,000) TAMU Epoxy Flooring Project (543,150) W G.W. Williams, Inc. General Contractors — College Station, Texas, Project Manager 2006 -2008 Manage eammercial construction projects from the bidding Mgt through to project closeoul. Experience in both hand bid and negotiated mrmmemitif on. struction projects ranging from S I00,(W to $3.2 million. Completed Projects: Mum Verde —New Medical Office Building (S3.2 million) Mum Verde —New Medical Office Building (S 1.2 million) Munn Verde —New General Office Building ($750,010) TckMak Development —Ryan Place Remodcl ($4),000) Bruce Boyd State Farm Insurance (SI IO,U)i Brinkmann Roofing Company —Bryan, Texas, Area Manager 2006 Manage commercial roofmg projects from use business development stage through to project completion. Preside mcrpre- tnsmllation meetings with Facilit7 Owner, Architect, and General Contractor, Monitor and coordinate material delivery to pmjec( sire Coordinate and Oversee mutilation crews in the fur jars level. Attend interim and fleatrwamuuy, roof inspections. Responsible Ibrjob mA and chnnge order tracking and prejmt cluse out Texas A&M University-- College Station, Texas, Senior Construction Inspector 1999 -2006 Perform complete project inspection to ensure quality or work and compliance with contrxtdocumems. Review monthly pay requests and apprmro payment. InterprtY commcta d requirements of do eonsimaimr drawings and contract specifications. Act as liaison between and user of fm:iliI3, contractor. A7F: and the Universuy System, Construction Division. Review and make recommendations lathe projml mxnuger cunwming commcmr'a claims for extra compensation and time extensions. Perform review and inspections for prgiect compliance with the Texas Amisibiliry Smndard. Completed Projects: Tcrzas A &M Hcalsh Science Center, School of Rural Public Health (52(1 million) TAMU West Cearpus'CrainingC :omplexanS f..oc4er Room facility ($4.5 mi)liom TAMU Urban Search and Rescue Training Facility ($16 million) TAMU New Playing Surface for Olsen Fieldand Women's Sofilmll Field (51.4 oill 'FAMI1 Fasterwood Airport Runway Repair and Apron Addition (j6(10,fKq) TAMU Bright Froth l) Complex (S20 million) TA MLI Married Student Homing Community Center ($2 million) TP.MiI New Indoor Bolting Fociliry ($1.4 million) lion) TAMU New playing Surface Women's Soccer Field ($I million) 'i A.Mi1'rexas TraRr Inslilua• Admin. Bldg Addition (5600,0)) U (yz� W CWCy W DUD rMV CONSTRUCTION Texas A &M University-- College Station, Texas, Construction Cost Analyst 1998.2000 Oversee change orders fix multiptt institutional construction projeas ranging from St million in S38 million in sire. Verify legitimacy of change orders n well M performing quantity take -ol'S to verify scope accuracy. Negotiate pricing both W the Genml Contractor and Subeainscmr levels. Campleled Projects: T -exas, ALM Kyle Field North find Zone Addition (S39 million) Prairie View A&M University New Science Building (116 million) TAMU Health Science Center in Temple ($12 million) TAMU Sbka Dining Hall Renovation (S4 million) TAMV Firrntui s Training and Classroom Facility (SP million) 'fAMU Addition of Parking Lax 50 (S8010,0M) 'texas Tra)Lc Institute Administrative Building (S) 8 million) TAMII Engineering Complex in TAMU Kingwilte (SI4 million) TAMU Goan Drilling Facility (S6 million) TAMLL Evans Library Renovation (13.5 million) TAW Power Planl CmlltrgTuwers Addition (SI 6 million) Haeko Prceast— College Station, Texas, Assistant Plant Manager M8 Dversee pro(Iwtiun of archacciurat pretest concrete panels Ass)st plant nvnagef in production wheduling materials takeoffs end panhasingand overall quality antral. G.F. Construction— College Station, Texas, Owner 088 -1998 Residential remodeling and paint contrutor. Expvience providing ovmight of multiple employees and subcontractors Responsible for projat menegement from bidding to project close -out. Convulsing Projects: New Braunfels Guadalupe River Hotel, LP—NeW Hotel (58 .5 mil lion) T&Mak Development— Stockyard, Hyatt Place Remodel (1400,0110) Texas Accessibility Academy— Octob" 2NM _ AFAA Immediate Fire Alarm Seminar— Oriobcr 2o00-Nnvembei 2800 Texas A6M Utaveniry the Cmier fat ExecuOVeDevelbpmrnlCnnstruction Management Program— SeptemMr 28881kmber Univrxaay of Wksenmin u Madison Effective Rojwt Management for Building Design and Construction— January 2000 RS Mans Facilities Estinmting Seminar— Februnry 1000 Vol. Pg.8/ w t� F a w 4 W W z w 0. w MOMMi• 9 ..4 Comprehensive knowledge of the principles, pmeh es and procedures of construe lion F-srenent project rnaoagenten4 supervisory and man ho ring skills Advante know ledge ofconstruction management methods and principles Customer service, reganluatlonal, and communication skills Dudley Construction, Ltd. — College Station, Texas, General Superintendent 2003- Present Duties include client interface, budgeting, ulednling. subcontractor coordination and management, and helping to ensure that all work falls within hudgel and an schedule. Ovasces multiple cotWmaim sites and is responsible for the management of apryoximltely 13 Project Superma denw. David has presided ova all 239 projects at Dudley Construction that have been completed some 2003. Dudley Construction, Ltd. -- College Station, Texas, Project Superintendent 1997 -2003 Restomibilitks included the overall day-to -day supervision of field comWction activities, directing personnel and subcontracts, scheduling and sequencing the day- to(Iday activities of work; interfacing with the client In insure their satisfaction; oversaing individual projects to assure compliance with scup: and quality M established by the contract documents; enforcing site cleanliness and mfery programs. pruoctiveh• anticipating and solving problems that could delay consuudion; promoting and installing values into the workforce; managing the permit and inspection process, im omi ng projects to monitor progmss and compliance with project standmds; updating M -built drawings and ancnding scheduled progress meetings. Completed Projects: TAMU Wen Campus Tmining and Dressing Room Facility ($4.5 million) Falls County IoW Dfanxmcot Cents (S4.3 million) Somercdle LSD Campus Imprmemems(S2.5 million) TAMU Olsen Field and Womm's Somali Field Renov. (51.7 million) City ofCullege Station Fire Station 02 ($1 million) Marlin Water Treatment Plwt( 306,00011 Kenn Moore Cabinets, Phase 1 (123 million) Furniture Row• ($2.4 million) TAMIJ F &aerwixd RescudR Fin Fighting Faility ($I G million) TAMU Socccr Field Renovation (1657,000) City of College station Wolf Pen Crack Tributary Imp. (173,000) Texas A &M University– College Station, Texas, Senior Construction inspector 1996-1997 Responsible for impeding comtruesion projects m Texas A &Kt Unison ity on ensure compliance with codes and specification. Responsibe for sevicwing construction plans, srocciftcetims, permits and odor doeonarota e(feaing projects. Participated in wctings to discuss cammietim details and to resolve issues with eonhecQus anti other egrncics. Diamond Construction Co,Bryan, Texas, Project Superintendent 1992.1996 Supervised end awrdiwwd consinxtiun, suteonnacton end lahoras. Maintained budget anj expense records. Alljobs were completed ahead of schedule and under budget, results in a cost savinbK for the school districts. Completed Projects: Pebble Craek Elementay School—Cbilege Station, Trouts ($5.5 million) Madisonville Elementary Schad— Madisonville. Tuas(S5 million) W.R. Banks Building— Prairie View A &M University (S3 million) David Wright Construction - College Station, Texas, Owner 1991 -1992 Involved in all Mixers of small .reudmakilsomtmction proiecB, including the prepnmllon of hid specifications. hiring, coordination and su(ervision of subcon- lmctan and labwas and the actual perfomunce of the. work. Pg � pz rl CONSTRUCTION Sentry Construction Co. Bryan, Texas, Project Superintendent Supervised and conrdituned comtruction. wMonuacton and laborers Maintauad budget and expense records. Completed Projects: Kemp Elementary School- 131111n, TX HER Pmttry Stom --1 lurawille, TX Cahaba Construction Co. Bryan, Texas, Cnrpenter/Foreman Completed Projects: Begioaxl Post Office FacilitY— Bryan.7'X 1998 -1991 1989 -1990 J.FI.W. General Contractors —Bryan, Texas, Project Superintendent 1989 Ensured lfin all projects xerc mmpl,wd in =orda with contmchml and quality srendurds. Fl,uduling and directing the daY• Y aaivitics of work and raking necessary action to aasure that the project objectives of safety, prim, cleanliness. quality and process were mcl. Completed I'M*13: Pnirk View A&M University Physical Education and Intramural Cnmplex Phase I It Chappell Hi11Constraction— Brenham,Texas, ProjectSuperiotendent 1988 -1989 Hired as a yyK W arteol for store work in the BryarrConegc Station area Worked m a carp:mcr on the Brye ^High School Gymnasium in Bryan and on the Germania Insurance addition in Brcrdiam, Texas. 1980.1988 R.B. Butler, Inc. —Bryan, Texas, Project Superintendent duration prajecu. Involved in the coordination of eubcontraclon and su refs I loo ilat odedreew but dines`rcmodels and ca�tmu tu. d expnimtce as an assisxlm superintcn- dent, field rngirccr, labor fineman and equipmem ulr Completed ProjecM Safeway Store and Lease Spore— Bryan, TX First Bank and l wt Motor Bank — Bryan, TX Robert E. McKee— Dallas, Texas, Field Engineer Completed ProJem: Texas Instruments Plans— hewtsvillc, TX (s 15 million) aidglcu Station 1'05l Ofrim- ran Worth, of'oo in the Ilrwm Vallq Misr. Nojccts: worked on afarge variety .1 1979.1980 W f!. �i W a k W z W prod ?C W , .%� 'vA �� �•. ter.' � �. ':. 1'ruject SuperiDlcudutf, Compreheadve knowledge of Ike principle, praellee and procedures of construction Excellent ptal", msaaxemenl, rupmisary and manilering W 0b Advmce knowledge ofea l s,ruatioo management methods and pdnciplm Customer senice, araaalntloaal, and eommaniulion skill Dudley Construction, Ltd. -- College Station, Texas, Project Superintendent 1999 - Present Rm7nnsibililies included the overall day -to-day supervision of field conauuction activities, dirtying personnel and subcontracts, scheduling and sequencing the day- toOday activities of work; interfacing with the client to insure their satisfsam; ovmseeing individual projects o auum enmpliame with scope and quality as esublislWd 6y the comsat documents; enforcing site eleanlines end uRy programs, proxtu Tly anticipating and solving problems awl could delay construction; promoting and installing values into the workforce, managing the pmnit and inspection process. inspecting projects to monitor progrca acct cowssu e, with project standards, updating as -built drawings and attending scheduled progress meetings. Completed Projects: Tcjas Ccntcr —All Pluwe (S 15 75 million) Bmyean Fireman 'I mining School Classmom Building and Structural Bum Training Complex (55.7 million) TAMU/1T.L•% Bethel Lutheran Church (%5 million) Blinn CollegeW.W.O'Donnell Performing Arta Center (VA million) Rd. Ptmtp Station Improve. ($3 million) Brutes Christian New Gymusasium and Spans Field (124 million) City of College Station Dowling TAMII Parking Lot 50 Expansion (11.1 million) Global Genetics (51.2 million) fenWr ER Renovations(S' UNI) TAMII Reed Arena Coteong Kitchen Camutrnion( ), Grime County St, Joseph Health Lute King (S400,000) Del Sol Foods ($425.OUD) TAMIJ Large Animal Hnspital Wall Restoration (5150,OW) TAMU Ike=Hall Renovations (1250,000) Bryan ISD SOS Campus Relocation (%190,(x)0) Army National Guard Bryan headiness Center (5235,000) Science Building Renovation(SIg5,000) Mm Food Man Aewvations (516D,(10(q R"Retiom; TAMII Repolmlive Bryan ISD Cnecken Flemcntery School Gym Renovations (SI55,000) 'TAMU Hwbn ore (5137,000) Tevs Military Facility Fuel Pad (%55,000) 1993 -1999 Brazos Builders/Peak Contracting— Bryan, Texas, Owler�yr�l' � payable and sceehbme. iemtton' And sale,job cost estimam. and remodeling: Anson Commercial and residential new canstruclkm construction remodeling and repair. Completed Projetls: Grant ltdeco Remotions SW 'e Urso DDS Office Construction Iloemman lintel llenmitions end Remodel City of Bryan I anglewmod Park Renovations Williams Fomitme Renovations and Remodel fresrvmr Retirement Community Renovations 1991 -1993 Ragas Contracting, Inc.-- Startod, Texas, project Superintendent incamrocore, older nuacriekend wprrviu all pnaus ofrons199i -1 New cammoction anvam remodeling work. Secure permits, inspections. Completed Projects: Communion of saved Jack -in- the -lox reaaurants Lo Pc0te I)aywre Red Lim Restaurants Eo-, 9 U z w a w b'ii 4n HOO;d OR Sentry Construction Company —Bryan, Texas, Superintendent 1988 -1991 Handled layout ofpbeites, ordered imarnals, supervised sulavnvacors througlout all phases ofcotwmclion and used all Geld innnameras. Completed Projects: Renovation of Bryan ISD Lamar School Renovation and Remodel ofTAMU Conmom Dining Hall Ranodel of Divan ISD Fannin Ekmenary %B. Butler —Bryi n, Texas, Project Superintendent 1985 -1988 Handled layout ofjobsite, used all field bwrmnants and supervised field lobar. Completed Project: Cawmdion of Sasdsionc Center Remodel of Briucrest Country Club Construction of Mrs. Haird's Warehouse Avery and Mays Construction Managers- -Bryan, Texas, Carpenter/Foreman 1983 -1985 Handled layout ofjobsita, used all field instrimmu and supervised field Iabnu Completed Projects: Renovation of TAMU Chemistry Building Brazos Builders— Bryan, Texas, Owner/Superintendent 1980 -1983 Connruction ofineweuttotn homes. Commercial and rowntial remodeling. P9' °� �S \1'I:1.1)Oti J(WDAN fhicl I;slim;Uoi Commercial and Reddeanal Coastrualoo rWp Competitive Aad)sls aDid Developmeol and Speeineatbns Plan Revlex' and Estimation W Contract Negotiations Dudley Construction, Ltd.—College Stratton, Te :as, Chief Estimator June 2012 — Present Cost estimate preparation for wremercial and residential project. Competitive analysis of bids and contract negotiations 2007.2012 Ground Force — Navasota, Texas Z Project MmsBerttenk Estimating and Purch Ling 2004 -2007 W Personal Financial Portfolio Management 2001.2003 Central Baptist Cburch— College Station, Texas, Owner's Representative/ Inspector $16 million project(ar Central Baptist Church's new worship center. colke and classroom buildings. Project was successful))' completed by' scut pun, Inc within desired timeline; located at 1991 FM 178 in College Station. Tems. Land Development—Self—Employed, Owner and Land Developer 2000 -2003 Purchased and dswelaped 22 acne of raw land in Bryan,1 exas, successfully transforming it into a 9o-lot single-family' raidemial subdlvislon. Drrcaed and supervised the ovanll development Of he fao)ecs. exercising projal management and coordination orco mclos and subcontractors. Oversaw initial design, planing and engineering. Acted n the liaison with die city n cesum adivemrcc of city codes. 1997 -2003 Central Baptist Churcb -- College Station, Texas, Building Committee Member nor arreynircm.Tts. Collaborated with committee Withers in d,e planning and developing of a my S 16 worship center. Committee work includes the pmt space nails, dicsigq nmammion and coordination orconsulunu and contractors. Construction Resource Gr0Up, lllc. C0llege Station, Texts, Owner and Operator 1986.2000 Sustained the day-to-day operations of selFowned business. Pedari commercial and institutional general contacting frolic in the Bry'm- College Station men. Performed said mpicauhle for euirrating, Waiting, contact negkspons' act sou ntendcnua all aspect of once and busimu mamgemaq limnan resources, p %roll, accruals payable and receivable and general supeuv . Prnl fw Completed Prolreer. Bryan ISD Additiom and Renovation to Bryan High School ($10 million' City arColNcNSNIi n fhilily Sense Cemer7C Complex ($2.8 million) College Station ISll New Athletic Focilil)es Cump)cx($2.8 million) 0 Slrceu Dove rat (f22 million) Tessa Veterinary Mcdis'nl Diagnostic Laboratory (52.3 mitten) Pews ARM Weal Campus Iopme College Station, ISD ARM Consolidated f IS Improvements $1 7 million) City of Cullagc t.'rad s kenova Creek Am an Ilig cr Pork (f 1.6 million) City of College Station Public Service Center Add. R Beat 4 million) Bryan ISD Multstatio l Bends Street iom to Bryon higho ($1 1 m lli million) City ofCollcge Station Wayne Smith [,title f cages Park (f1.1 million) Htlla Fnoanl k� station Texat ($1 t ffl.l million) Bryan ISD Renovation of Crockett Eleme"'ary School ($L1 in Grace Bible Church Addition ($570,000) Pi Bets Phi Sorority House ($711,000) _Buildg2S,OOD) City of Bryan Ilsswell Park nenevmions ($320.WO) Sum Faro lmuunecSmice Center Office. pg. o ff I iAiX MIN Construction Resource Group, Inc. - Collcge Station, Texas, Owner and Partner 19857986 originally rosined for the purpuse of Project Management of fIt3 million golf course and mMomimum resort dovinpmmt on the v sst end of Galveston Island. Planning, deign and crostruction drawings were suc¢ sfull) completed and approved. Cornmuttion began, ho%vvn, the projea was shelved aft r the utilities, infrenuetum end jma,sv concrete plant wene completed Also held positions as Owner/Partner in Jordan and Woods General Contractors, Inc.; Vice President of Mar -Cal, Inc., General Contractors/Developers; and Estimator with Vance and Thurmond, General Contractors. rn OMember H.-uvey Hillside Hruneownem Architaboal Conuol Commiuca f-S Circle Sywres Square Dance Club, President, 20a41002 Amenean Institute of Ca1lilltalar5, 1993 - CaussI BWist Chinch, Cortege SUdon; Tes:as,1989 -Premr ....— _ - ..__.. . aomry Club, College Smtlon— Charter Member, Ptaident- 1985 -1986 and elected o Paul 14rtis Fellow. 1986 Jalsces, Bryan -College St tim- 7YeasurerlGuutunding Ofrcer of the Year, 1979 -1990 Q' Tau Signor Delu Honor Society, Tess, A&M University Vol. % Pg."J_._ W �i W Q+ W a no Tam /Project Management Develop and Administer Project Budgets' and Fiscal Conli -ok, (on ImrI and Qua lily Control I'm i<lons Cost Fafinuting and Vdue Login" ring Project Scheduling Dudley Construction, Ltd. — College Station, Texas, Project Manager and Estimator 1999— Preseat Rcsper Bible fat duties involved in Project Management, including estimating future projects, scheduling, technology coordination end joh cusung. $T; Completed Projects: City Mission's New Facility(S4.05 million) City of College Station Tauber and Stastncy Street Rehab (f2.5 million) ZTwin City of Bryan City Hall Annex Rermations (14 .6 million) A&M Super Storage (S 1.6 million) Madison County Annex Renovations (111.5 million) Bevan ISD May Branch Elementary School Rmwdions IS 1.4 mill ion) College Station Development of Parks It 1.3 million) City of Bryan Parker Street Recomtntnion ISlA million) City of (y Drys, ISD Sam Houston 0coarmary Renovations ($933,000) Central Baptist Church Renovations ($961,000) Sam Hooligan State Une miry Bc"-a C. mp($902,000) Sam Ilouston Slue University WASH Facility ($948.000) Gri Sam Haltom State University Hotel Renavatims ($835,014) TAMIL Ind er Boiling Facility ($794,0001 TAMU Stevenson Animal Companion Life Care Center Addition ($173,0(81) CTd Omega I louslum Renovations Phase 2 ($687,000) TAMU Rudder Theater ADA Upgrades (S658,000) Franklin Community Center IYA00DO) City of College Station Cram(xon Perk Site Dcvclopm ilt(fN7,000) Directional Airport Ttear oal (5595,014) Bryan LSU Johnson Elementary Renovations (498,000) Drums County Courthouse Ju vraile Planation Renovation (5497,000) Brenham Airpon T- Hongar improvements (3442014) Mueller, Inc (5431AW) Del -Sol Foods ($424,000) Aguirre Family Clinic ($416,0001 TAMU Vivanum Additions (3364.0(10) Herme Municipal Anrptm improve MU(5.382,000) Grimes County l W iekw r SLID wmer improvements (5355,000) Palestine W inow Creek Baseline F Construction (5333,000) Caldnxll LSD Play Gym (5328.000) Chi -omega House Renovations Phase 1($295.000) City or Bryan Hamilton Memorial Los Park (YE62A0% SL Andrew's Episcopal Church Site Improecoici s ($280,0(10) City of College Station Ooks lark Basketball Pavilion ($261000) TAMU licaton Hall Renovations (S250.1)(10) TAMU Ikndemn Hull Renovations (S250,000) Amy National Cloud Bryan Readiness Center ($23 L14D) Cip' of Caller Station WA, Tarmw Water May Park ($226,000) Crswiord Elalrie Last Space ($?117.000) City of Colter Station WalfPen Creek Erasion Control 0195,0001 AkM United Methodist Church Slob Replaeemem ($198,000) State University Animal Lab Rerosatittn ($193, 000) Dry, ISD SOS Campo Relocathn (3189,0011 Sam Houston TAMU Repnudumive Sciences Addition (3184.000) TAMIJ Chiller Room Repo its (SI73.0(R1) Bryan ISD Crockv9 G)'maniuns atnavatlon ($152,000) Los Molujetes (f I S4,Ia10) City of Huntsville )CIent 54.00 ape (S 139,000) City of Bryan Uewatcrfog Doildmg Rchabdiutiun (5120,00)) College Sulim Wolf Purn Creck Tributary Improvements ($73.0W) TDCJ Byrd Unit Dredge Rep(S139,18,i100) Bryan ISO Viking Stadium Phase 1 Renovations ($70,140) City or TAMU Biological Sciences Building Renovation ($55,000) City of College Stefan Sign at College Station Business Park 349.000) Cip. ofCullege Station tasks Pot: Bridge ($46,000) City of College Star ion Cenral Park Entrance Improvemrns ($32.000) Cddwxll ISD Auming ($46,000) City of College Station Drinking Fountain Replacement ($25.010) Bryan ISD Mary Branch Canopy ($24.0N) Northrup - Grumman (formerly Westinghouse Electric Corp.)—College Station, Texas 1987 -1999 _ Materials Speciality. ManufacturingSupervisor ... .... ......._ _._. ... _ ._. .._ Manufncturingplant experience building printed circuit board and associated hardwurr within a union -lice, team environment Eeperience in all arias ofthe uClianrinvento • control and product manufacturing. manufacturing pencil including lining. maarials ptocurmntn4 pod p Vol. i J: GAK1' ZDIJNK�VICZ "" I: I'rojcc111an ;t;;cr uftl lslinruor i U iG W Ross Hill Controls Corporation — Houston, Texas 1980.1985 Warehouse Supervisor ProdoctionAnventory Control Supervises, Imide Saks Representative. Oilfield equipmem mnnufocturbrg facility in a higldy competitive market Fxpenerce included interfacing betnmt the euslnmer and purchasing an erewm accurate, timely delivery of product: tracking orders through all phases of the manufactur- ing process; inventory control; training and supervision of wamhrose personnel. Reed Tool Company -Sugar Land, Texas 1978.1980 Dispatcher Participated in start-up; dispatcher for Pipeyard operation. PeabodyDore —Sugar Land, Texas 19761978 Production Scheduler Scheduled produclion for shift conducted invemmy in assigned areal. Central Ifapnat ChmclrSundoy Salem Teacher, Awano Leader Sports —Coy lague coach including bmebell, football, sear and Msketboll � Pg' a �y w l'+ a w W w'=' c Team I Project Management Dc"lop and Admiolcler Project Budgets and Fiscal Controls, Coalran and Qualltq Control Provnlen, Cod F'stlmaling and Value Engineering Project scheduling Dudley Construction, Ltd. -- College Station, Texas, Project Manager and Estimator May 2001— Present Responsible for duties involved in Project Management, including esumating future project,, scheduling, technology coordination andjnbrostl119. j;4 Completed Projects Texas A &M University Brayton Fireman Training Field Clmsronm Building and Structural Bum Training Complex (SS.7 million) * Bethel Lutheran Church (S5.5 million) Z{ Trinity Rural Water Supply Corporation Water Treatment Plant ($4,6 million) Crockett Elamenury School Addition and Rennvntim, (S4.4 million) City of Bryan Ground Water Storage Tanks ($3.5 million) City of College Station Dowling Rd Pump Station Improve. (S3 million) Somerville ISD Campus lmpmwemcnis (S2 6 million) W Brains Christian School Ne,y Gym and Sport, Field (S2 million) City of College Stdron water Reclamation Phase I(S2.2 million) texas A &M Olen Field At Women's Softball Field Renoymon (SI.7 milliori of Bryan Park Hudson'frails (SI 3 million) W Texas A &M Eaderwood Airport Fencing Improvements (5900,1100) TAMU While Creek Bridge Brarnnnd ISD Gassroom Mechanical Upgrades (5636,008) City of rkllville Clark Park Development ($448,0110) Prairie View A &M University New Band Practive Field ($266,000) Prairie View A&M University Pre - Medical Academy ($261,0001 Side Bank Renovations —Bryan Branch ($245.000) Prairie View A &M University Tractor Ham and Quonset flat ($1110,0001 Prairie View A&M University Farm Poultry Lift Station (5168,00) Prairie Vies. AkM ljnivenity CMmary/Snmkcr Upgrades ($145,000) Prairie View A&M University Admin. Building Nemediation 043,000) Texas Highway Construction — Austin, Texas, Project Manager and Estimator December 2000 —May 2001 Managed company rewwrces ro tttavimiu paoli6 Ihni the man efficicni use of company penonncl, equipment management cash How rocking, and bsdg- d nuay'sis of $6.g million in Texas Oovemmanul Highway consumlion conlracu, in charge of project scheduling, pbnsting, pricing change ordns, bi• weekly payroll, material ordering. monthly profit and loss analysis, project planning and execution. Capital Construction — Austin, Texas, Project Manager May 1997 — December 2000 Responsible for sute n=tOm and all on -site activities for architects, bankers, developers, engineering and inspections to mhicw a desired end product Texas A &M IIniversity Architecture Computer lab -- College Station, Texas, Asst. Network Administrator September 1"6- -May 1997 Assisted in the design, construction and maintenance Of the student Computer lab ton the Department of Atthitectue; performed netwu lc trouhleshmling, problem analysis and routine maintenance of the Architecture Loral Am, Ndwwk; offered tutoring 11 dudenu N need or aollssarc Braining m Mictowa w F a w W z W %W w Compreheash t knonledge of the principles, practices and pruredures or construction Excellent project madagemml, supervisor) add moo k. ring skills Advance knowledllt of CORSImclids management methods and principles Customer service, organizational, and communication skills • Dudley Construction, Ltd. -- College Station, Texas, Project Superintendent June 2005— Present Responsibilities include the overall day -to -day Supervision of field construction activities. directing pursowl and suhcontracmrs, scheduling and sequencing the day -lo-day activities of work; interfacing with the client m ensure their Satisfaction; overseeing individual projects to assurecornpliance with scope and quality as alablished by the contract docmnenu: enforcing site cleanliness and ufeq• programs -, pnsacttvel) anticipating mid solving pxobktm Out could delay run itruetioo. prmmting and instilling values into the wtrrkfunz: massing the permit and inspection proevis. impeding pnrjem to monitor progress and mmpliunce wide project sandardc updating in-built drawings and attending scheduled progress meetings. Completed Projeeta Sam Houston Sum University Visitor and Alumni Cenmr(f1.8 mill Rat) Madison County Annex Renovations is 1.5 million) Sum Houston State University Hotel Renovalions($935.000) Texas A @M University Rudder Theater ADA UPgmdcs (5558,00) Brenham Airport 1A angar lmprovtmnts ($442,000) 11JC7 Exterior Wall Repairs ($319,000) TDCJ Byrd Unit Bridge Repair (3118,000) Madisonville Sl. Joseph Hospital Renovation ($50,000) City of College Station Water Reclamation Phase 1(32 2 million) Sinn Homion State University Bearket Camp ($902,000) Co). of College Station Stephen C. Beach) Central Park Imp. (3715,000) TDCJ Expansion to Shakedown Facility (3051,000) TDCI Vehick Mainlenanee Addition —1 lunuville, Texas (164 16,000) Madisonville IS[) C'ancession and Restroom Improvemna ($227.0M) Iet Akhl University Biological Sciences Building Renovation ($55,000) City orCollege Station Drinking Fountain Replacement (3]5,000) Central Texas Consulting— Huntsville, Texas, Project Superintendent July 2003-August 2005 RttmxW,ng, including but not limited to, shceIm h, painting and noting Maintained Calumet relations for annuitant. Smith Construction— Hunlsville,Texas, Project Superintendent June 1997 -June 2005 Respomible for the oversight Oral] aspecu of falxcated and pre - fabricated Sara] huildin fs Mamgcd a-S emplgees at all time; Hands on evperie m pertaining to Sim work, formin& pouring and finishing concrete Completed Projcca Stokbroker's Fecd and Faint Bayer Achievement Center Caw's insurance McKenrir's BBQ and Burgers Walker County Fairgrounds Huntsville lea and Marine First Baptist Church—Itkhards, TX Pruitt Petroleum Commercial Storage Murfr Wamhouses GasTecli Atr tlardwnrc Coburn supply CA. Huntsville Funcml Hunrc w r F a w f -� Comprehensive W o , ledge of Ilse principles, practices and procedures of connruclion Excellent project management, supervisory and on onitnrke shills Advance knowledge of construction managemeal methods and principles Customer service, orgunisatlonal, and communication stdlts Dudley Construction, Ltd. — College Station, Texas, Project Superintendent June 2005 — Present Responsibilities include the overall.day -lo-day supervision of field construction activities, directing personnel mad sub ontrachi% scheduling and sequencing the day -m-0ay activiircs of work, interfacing with the client in mum their satisfaction, overseeing individual projects to assure lmnphance with scope and quality as established by the contract documents; enforcing rile demliness and safety prograrta, pronclively anticipating and sdvng problems dux could delay consirletinn; promoting and imtllin& values into the worlftecC managing the Permit and insptttion proms, inspecting projects in monitor progress end compliance with project standards; updating m -built drawings and shading scheduled progress meetings. Completed Projects: City of College Station l notice aril Steamy Streets Rchabiliution (15 million) Brazos Christian New Gym and Spans Field (S2 a mill ion) TAMIL Olsen Field and Women's SuRball Field Renovations (51.3 million) Ciry or Bryan Park Hudson Trails (111.3 million) TMPA Jack Creel Substation Development (11510,000) SurbuckiTejas Center ($161,1100) City or aelivilk Clark Pad: Development (5450,(%X1) PVAMU New Hand Pnctce Field ($266,000) Bryan ISD Henderson Elementary School Potting Let (5215,000) City of Bryan Oakwood Cemetery Improwmaton ($175.00(1) Brains Paving, lnc – Bryan, Texas, Project Superintendent Completed Pmjtcls: 2000.2005 Terence Pines Apzrlmenu Canyon Creek Condominiums The College Station Medical Center Porten Park Ap trtmaats Gmewary Retail Center Ifampton Inn (College Suton, TX) Texan Fuel Su &m Ion Adnm Hangar (L'asterwood Airport) TAMH large Annual Clinic Peking tat HER Fuel Station (College Station, TX) College Summit I Idlon Retaining Wall and Perking Lot Improvements South Construction— Bryan, Texas, Project Superintendent 19952000 Completed Prilecls TAMU Football Practice Fields and R)de Field Drainage Subdivision Rand for Mark Carnbtra Micro Age carrion 1 ours Plow Beef Camel' Expansion Walgreens(Bryan TX) Cheddars Restaurant (College Station, TX) Subdivision for Froeling Homes Lelbetter Construction/Taylor Construction /AT &T —Bryon, Texas, Contractor Various underground cnnstrocton projects for AT&T 1993 -1995 Palasota Construction —Bryan, Texas, Manager of Rail Spur 1988 -1993 Completed Projects 1'AMU Rudder'I'oovrlMSC Expansion l'AMU South Side Parking Ciaragr Highway ({Y -7818 to Ifrvos direr llollemmt Strad Project Star Sewer w P" a w a k w (!7b W �W X W iiiiiiiiliiiiiii® LEY �'A CONSTRUCTION Compreheeshe knowledge of the prloclplea, practices mad l rueedures of mostruction Excellent project mo ntrmmb super k ory sod monitoring skills Advance knowledge ofranstrumloo management methods tad prlocipin Costumer semim ortanlutiuns), and communication skills Dudley Construction, Ltd. —College Station, Texas, Project Superintendent 2002 — Present Responsibilities include the overall day - today supervision of field construction activities, directing personnel and mlxonbacmn, scheduling and sequencing the dapto•doy activities of work; interfacing with the client to insure their satisfaction; overseeing indwidml projects to assure campliance with scope and quality u established by to contact documents; umrmcing site cleanliness and artery programs; proactivelym iciputing and solving problems that could delay rerrwuctim, increasing and instilling values btu the wod:fmce; managing the lentil and iaspxion Process, inspecting projects an monism progress and compliance with privi sandnrrlK updating asbuill drawings and attending scheduled progress meetings. Completed P"Jecis City ofCollegeStationTnber aim Stavnry Slats Rehabilitation (S7.5 million) City of Bryan Parker Street Reconstruction($1A million) W'ic son SUD Water Distribution lmpovemenks ($17 million) City of Bryan Burton Creek Sit, Utilites W 2 million) City of Bryan Still Crock Wasrewatm improvements, Ph. I (51.2 million) Furniture Row Site Utilities (51.4 million) Burleson County MUD N I ($735,000) Kohl's Boa Culvert Relocation (5715,000) Horse Haven Fshes (5610,000) TAMU Fanerwood Airport Sanitary Sewer Inprme (5580,000) City of How Municipal Airport improvements ($392,000) Buricson County MUD Water System Improvements($3go.aoo) City of College Station Northeast Solitary Smer Tiunkhric ($379,OOD) Grimes Canty l Wickson SUD Water lmprovemena (5355,000) City of Mullin Sanitary Sewer Improvements (529Q000) City of Marlin Chilton Sanitary Smcr Improvements (5220,000) City of Bryan Briarwood and Oak Circle Waterline improvements (5110,000) Wellborn SUD W'i)Itamsgntc l2" Supply Linc(f12S.WO) City of Madismvillc Elm Street Wassewater Improvements (5110,01)(3) Brains Valley Affordable Housing Corp. Meadows at Copperas Hollow Utiliy Construction (S74,000) City of Somerville Winer Plant Improvements ($52,500) DRJ Dozer– Brun, Texas, Project Superintendent Completed Projects: Texas Roadhouse (Conde Station, TX. San Antonio, TX, Houaon, TX) Team Youth Commission Prison (Man, TX) Day Care Facility (Round Rock, TX) Texcon, Inc.– Bryan, Texas, Project Superintendent! Completed Pmjocts: Pork Hudson (Bryan, TX) D,viskm One (Bryan, TX) Wood lace (7'omhall, TX) Baptist Hone for Wonan ISan Antonio, TX) Physician's Cenue (Bryan, TX) Copperneld, Plose )OD W I OF. (Bryan, TX) Vol. __1.1_.- P9. �3 2000 -2002 1997 -2000 Navasota Mining Company — Carlos, Texas, Dragline Operator Operation and maintenance of Busy u r ie Electric Otagline Time NUSTRUCT Cad Lambert Construction— Bryan, Texas, Project Superintendent Completed Projects: Soulhtmod Valky (College Sudion, TX) Wheeler Ridge Subdivision (Brym, TX) Willis Utility I"jml (Willis, TX) 1992 -19% 1974.1982 Olsen Field (College Station, TX) Huntsville Utility Project (Huntsville, TX) Vol. W H a w w U W w Comprehensive knowledge of the principles. practice, and procedures of consir"(soo Escelknl project management, supervisory and monitoring skills Advance knowledge of construction management methods and principles Cmlomer aen'ke, argon I 'Alional, and r9mmuaita11011 skII6 t. rs Dudley Construction, Ud.- -- College Station, Texas, Project Superintendent June 2012 — Present Responsibilities include the overall day-to-day supervision of field canstudion acivitics, directing Rtsonncl and subconrmcun, acheduling and sequencing the day."y activities of work; interfacing with the eliem m enwhrc (heir aatitfactian, overseeing individual projass on assume compliance with scope and quality as esubltshed try the contract documents; enfoming site eleanlioessand safety programs; prmclively anticipating and solving problems Ihat could delay construction; promoting and instilling values into the wade mr: managing the R'rrait and inspection proms, inspecting projects to rtwniur progms and compliance with project standards; updating as•huill drawings and atlending scheduled progress meetings, Completed Projects TAMU Stevenson Animal Companion Life Case Center Addition (3777,OW ) Ground Force Building Systems— Navasota, Texas, Project Superintendent July 2009 -June 2012 Coordinate plant employees, rsaltrials and subcontracim to complete projects in the ficld, which imiudn school buildings, science labs and clinic. Coordinated permitting, utilities, seMduling inspection and punch out walk with Owners worked with utility company to act power, wane and sewer liorim completed; louvred local subcontractors to quote on projects when necessary . Proficient installation of door hardware forcommerciul projects, includingdoor timers, panic mkvicc , locksen, Mortise and rim cylinders. Gulf States Toyota, Inc.—Houston, Texts and Mesquite, Texas, maintenance Manager 1985 -2008 Respomibilitks inelodn managing facility mainunance for 10 buildings, 160 memo of land and millions of dollars wonh of egmpment. Managed 10 minc- oanceemploym working two separate shilts. IWndled conlrartm aclection and negotiations, d fuxd products and services criteria, complew initial and on- going planning as well as con estmntet Powerhouse Vans, Inc.— Houston, Texas, owner 1977 -1985 Designed and built oil field seismic vehicla. Fol. f_. Pg. w lttn-s C" a �w] J! w W U W �0. W aS Compreheosle knox'ledge of the principles, prsrl ices and procedures or rooslrvclioa Excellent protect management supcmisor3 and muahoring skill.' Advsn<e kno"Iedge ofeonstruction rnnnsgement mobods and principles Costumer sen'ke, nganlullanal, and communication skills Dudley Construction, Ltd. — college Station, Texas, Project Superintendent 2007 — Present Responsibilities include the overall doy.w-c ay supervision of field wnstrucuon activities, directing personnel and subcontractors, scheduling and sequencing the dayio-duy activities of work; interfacing with the client to ensure their satisfaction; overseeing individual projeeu to acme compliance with scope od quality as established by die contract documents; enforcing site clmnlircss and safely programs; pmactivaly anticipating and solving problems lbatcould delay comtoa:lam; promoting and imrilling values into the %orkfarce, managing the permit and inspection protest, inspecting projecu to monitor progress and wsophasice vith project sundmds; updating as -buill drassings and amending scheduled paogrcsa meetings Completed Is"Jeeu: Rem Moose Cabinets ($4.3 million) City of College Station Tauber mid Slamey Streets Rchubiliution 12.5 million) Bruns Christian Nov Cosa and Sports Field ($24 million) St. Joseph llospital Burleson County lluspital 1522 million) City of Bryan Roil Spur in Serve Industrial Pot ($1.6 million) AdM Super Storage (A.5 million) City of Bryan Parker Avenue lie'eortslouctim (SI 3 million) Sam Nousmn Sul. University Bear4at Camp, Phase I (SI million) City of College Station Bewhy Park Commotion Bldg, (S750,01)(1) TAMU White CYeek Bridge($650,000) TMPA Jack Creek Substation Site Work (UW0,O110) Mueller, Inc. Site Work (S450,00(1) Brazos Dozer Service.— Bryan, Texas, Project Superintendent 20052007 Completed Projects: Bluebonnet Moctrie— Brenham, I Bluebonnel I' 'Icoric—Giddings, TX BlueMmno Elcc0c —Rcd Rock. TX Glenn Fuqua Construction Navasota, Texas, Project Superintendent 2003 -2005 Completed P"Jecu Itighssvy 40 W Comprrhendve hnaw ledge or the principles, practices and procedures of construction aEscelleal project management, surimisory and mon iforing skills Advance knowledge or conslrurlion mmiagemenI methods nd principles Customer service, orLaalrational, and communication skate rv5� s Q� r' • Dudley Construction, Ltd, - College Station, Texas, Project Superintendent 2000— Present Responsibilities include the overall day -w -day supervision of Field construction oclivitics, directing personnel and subcontraMrs, scheduling and sequencing the day - today activities of work; interfacing with the client to ensure their ssticl'action; overseeing individual projects to assure compliance with scope and quality as rsmhlished by the contract documents; entorcing site cleanliness and safety programs; proxtively anticipating and solving problems that could delay eanstruction; pommeling and instilling values into the workforce, managing the permit and inspection process, inspecting projects to monitor progress and compliance with project standards, updating as -built drawings and intending scheduled progress meetings Completed Projects: Texas A&M University Brayton Fireman Training Field Classroom Building and SWnural Bum I mining Complex (S5.7 million) Trinity Rural WSC Water Tr atmrm Plant ($d.6 million) City or Bryan Ground Water Storage Tanks (S3.S million) City of College Station Edelweiss, University and Woodland Hills Parks (SI 2 million) TAMU kasterwood Anpon Fencing Improvement ($750,000) TAMU While Crick Bridge (S650,000) TAMU Cmarge Bush Library ConRcence Center Addition (556.000) RTU l>.vpane on ($350,000) Del Sol (Se25,000) TAMIL Vivarium Addilbns ($365,000) PVAMU New Rand Practice 1icld($265,000) TAMIL Halos fall Renovations ($250,000. PVAMII Tractor Ram and Quonset Hut ($180,000) PVAMU Meat Processing Rcuumm Renovation ($65.000) Malek $mice ($62,000) Bartlett Cooke- San Antonio, Texas, Project Superintendent 19994000 Set Simon fortm, Concrete Form Worker, Till Walls, Fdevatnr Shafts. Also working in gmeral construction and carpentry areas. Peak Contracting— Millican, Texas, Project Superintendent 1997 -1998 Experience included o wide variety of work in both residential and commercial construction Responsibil dies includW the coordination of subcontractors and workers on she job hie of numcrelhs commercial projects, assisting in shooting grades, site pepemlinm using equipment such us front -end loader. forklift and bobcat, selling forms and eomplming steel work in preparation for conceit along with some minor concrete finishing, metal mud and ward framing, im alla. limn of finishing fixtures (electrical sod plumbingk drywall, tape and Rost and acoustical ceilings. Completed Projects: Grant Frulcin Renovations City of Bryan Tanglewood Park Renovations Williams Fumirme Renovations and Remodel Sentry Construction Company — Bryan, Texas, Project Superintendent 1990 -1992 Handled layouts ofjobsius, ordered malwials, arpnvised suheonvacion throughout all phases of construction and used all field insmaments Completed Projects: Renovation of Bryan ISU l nmar School Renovation aid Remodel ofTAMU Commons Uma,if l tall powder of Bryan ISD Fannin Fici nentary School Vol. W U z nW. a aW iC W R.B. Buller —San Antonio, Texas, Project Superintendent Handled layout ofjobsile, used all Geld instruments and supervised Gcld lubor. ComAkted Projects Conatniecon of Sandstone Center Remodel of UA CrCit Country Cfuh Construction of Mrs. Baird's Warehouse • 198(-1988 DUDLEY CONSTRUCTION MANAGEMENT SERVICES, LTD AND DUDLEY CONSTRUCTION, LTD, Combined Financial Statements and Supplementary Information Decembor 31, 2011 / 97 Pg. "? DUDLEY CONSTRUCTION MANAGEMENT SERVICES, LTD. AND DUDLEY CONSTRUCTION, LTD. BALANCE SHEET DECEMBER 31, 2011 ASSETS CURRENT ASSETS Cash and cash equivalents 304,693 Certificate of deposit 65,107 Marketable equity securities 13,395 Accounts receivable equipment rental 541,255 Contracts receivable 1,478,860 Due from affiliates 446,006 Receivable - others 1,000 Receivable - partner 80,042 Plan deposits 250 Prepaid Insurance 33,910 Prepaid Job Cost 50,701 Costs and estimated earnings In excess of billings on uncompleted contracts 624,018 TOTAL CURRENT ASSETS 3,639,237 PROPERTY AND EQUIPMENT 2,645,139 Accumulated Depreciation (2,047,654) 597,465 OTHER ASSETS Organization costs 6,751 Accumulated amortization (6,751) TOTAL ASSETS $ 4,236,722 See accompanying notes and sccounlanl's iepod. - `� Z O t �� -- DUDLEY CONSTRUCTION MANAGEMENT SERVICES, LTD. AND DUDLEY CONSTRUCTION, LTD. BALANCE SHEET DECEMBER 31, 2011 LIABILITIES AND OWNER'S INVESTMENT CURRENT LIABILITIES Accounts payable trade $ 2,226,511 Payroll liabilities 5,021 Insurance payable 54,213 Partner payable 9,731 Current portion of long -term debt 133,982 Billings In excess of costs and estimated earnings on uncompleted contracts 1041542 TOTAL CURRENT LIABILITIES 2,534,000 NON- CURRENT LIABILITIES Long -term debt, less current portion 81,071 OWNER'S INVESTMENT 1,621,651 TOTAL LIABILITIES AND OWNER'S INVESTMENT $ 4,236,722 See tewnpanytnp notes end emunlenl'e report. �l o/ Vol. _ � pU•_ .J __ DUDLEY CONSTRUCTION MANAGEMENT SERVICES, LTD. AND DUDLEY CONSTRUCTION, LTD. STATEMENT OF INCOME AND OWNER'S INVESTMENT YEAR ENDED DECEMBER 31, 2011 REVENUES Contract revenues earned Equipment rental Income Total Revenues COST OF GOODS SOLD Cost of contract revenues earned Equipment rental costs Total Cost of Goods Sold GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES OTHER INCOME/(EXPENSE) Interest income Dividend income Gain (loss) on sale of equipment Long -term gains Gain (loss) on sale of securities Other Income (expense), net NET INCOME (LOSS) $ 16,571,772 454,985 17,026,757 15,795,641 169,313 15,964,954 1,061,803 1,414,438 (352,635) 272 1,824 22,350 81 2,121 (1,884) 24,764 (327,871) OWNER'S INVESTMENT AT BEGINNING OF YEAR 2,427,740 Contributed capital 433,769 Owner's draws (480,501) Dividends paid (433,769) Unrealized holding gains (losses) during the period 2,263 OWNER'S INVESTMENT AT END OF YEAR $ 116211651 See accompanying notes and awoonte,06 report. Vol. —1 -- r 4 Dudley Construction Ltd, Dudley Construction Management Services December 31st, 2012 Combined Balance Sheet Balance Sheet ash $161,931 $46,722 $208,653 )unts Payable- Accrued $30,264 $3,913 $0 cctRec & Retainage Rec $ 1,970,563.17 $583,075 $2,553,638 repaid Job Costs $0 xt Rec Employees $33,047 $3,039 $36.086 to Affiliates $ 154,198 $327,903 $0 ue from Affiliates $738,678 $128,400 $867,079 ant Portion LTD o... 7;�`:��..: .;•;:r':"�U $ 62,478 $0 repaid Items $34,614 $34,614 an Deposits $200 $200 4P Costs in Excess Fillings _ ^ ?• '= ' ` :,.. $O 3tal Current Assets . $2,939,034 $761,236 $3,700,270 xed Assets $46,668 $46,668 achinery & Equip $ 2,634,641 $2,634,641 :cum. Dep.' ($42,781) ($2,206,830) ($2,249,6111 Aal Fixed Asset $3,867 $ 427,811 $431,698 s Pay & Ret Payable $ 1,963 094 $26,605 $1,989,699 )unts Payable- Accrued $30,264 $3,913 $34,177 ued Payroll Payable $ (28,280) ($11,979) ($40,259 rble Officer $0 u Payables $o to Affiliates $ 154,198 $327,903 $482,101 Billings in Excess `ISa� a°!f+y4f3. $249,226 ant Portion LTD o... 7;�`:��..: .;•;:r':"�U $ 62,478 $62410 I Current Ltabiliites $2,368,502 $408,861 $2,777,363 iTerm Debt $0 $ 25,669 $25,669 Nct Worth $574 419 $754,518 $1,328,937 'Includes 2012 anOcipaled Depreciation of $201,957 Est2012 Dep $201,957 Income Statement Dudley Construction Ltd. Dudley Construction Management Services, Ltd. December 31st, 2012 Year To Date Combined Income Statement DC LTD DCMS Combined REVENUE Contract Sales per Stmt $ 10,987,278 $ 447,990 $ 11,435,268 Other Income $ - Income captured In 2011 $ (30,027) $ (30.027) Job income Prior Years Jobs $ 18,745 $ 16.745 Overt3illin s $ (249.226) $ (249,226) Total Revenue $ 10,724,770 $ 447,990 $ 11,172,760 I COST OF GOOD SOLD COGS per Stmt $ 9,670,018 $ 139,601 $ 9,809,619 Gross Profit $ 1,054,752 $ 3D8,3B9 $ 1,363,141 G&A EXPENSES G&A per Stint $ 1,124,912 $ 99,992 $ 1,224,814 O eratin Income S 70160 $ 6,630 $ 63,630 )therIncome $ 1,633 $ 9,261 $ 10,894 )ther Expenses $ - ' Includes revenue on Change Orders on JObs 1 OZ04 Rail Spur that are pending approval- See WIP report "'CPA estimate of depreciation for 2012 1 Vol. _1��. Pg. j 32� i Construction Notes 1. Contractor to schedule the location of all utilities, public and private, prior to beginning work on the site. The Contractor will be solely responsible for damages. 2. Demo two (2) oak trees, two (2) concrete pads, two (2) pipe bollards, one (1) wooden bollard, one (1) electrical pole, and existing sump as directed by the County. Saw cut and remove designated portion of sidewalk. All demo items and materials shall be hauled and disposed of in a manner that is consistent with federal, state and local guidelines, by the contractor at their sole expense. 3. Grade the parking area to drain away from the building to the ditch by Tabor Road. All excess dirt will be hauled and disposed of in an appropriate manner at the contractor's sole expense. Proof roll the subgrade for soft spots. Provide and place Type A, Grade 2 limestone base to four (4) inches compacted. Material shall be compaction tested to 95% of TOOT test method TEX 113 -E + or — 2% moisture. Dimensions of parking area will be depicted on drawing 4. At ditch, install ten (10) foot wide and 15 foot long section of 3 "x5" limestone rip rap as directed by the owner. 5. Manhole shall comply with the attached B /CS Unified Standard Detail attached and the following requirements. The contractor must provide submittals, coordinate specifications and obtain written approval from the Brazos County Director of Facility Services prior to manhole purchase. Top of manhole ring and cover will match elevation of top of loading dock ramp wall. Bottom elevation will be two (2) feet below the bottom of trench drain in loading dock ramp. Manhole will have a flat bottom. Tie trench drain into the manhole two (2) feet above bottom of manhole. A' /V hole should be provided in the side of the manhole, approximately' /4 of the way from the top for electrical hookup. Additional holes may be requested by the County's Facilities Services director and should be coordinated prior to ordering manhole. A two (2) inch hole should be provided for the drain. Backfill can be native material with County approved compaction. 6. Handicap parking and sidewalk shall be dimensioned as shown on attached plans. The concrete shall be 4,000 psi. Reber shall be #4 spaced on twelve (12) inch centers each way. Sidewalk paving shall be doweled into existing sidewalk with 1/2" dowels with fiber expansion joint and caulk. Pipe bollards will have a concrete cap and be concreted two (2) feet into the ground prior to paving. Bollards should be painted yellow. The space between the handicap parking spaces should be striped diagonally with yellow paint. Wheel stops will be standard size. Handicap signs shall be installed per the plan instructions. 7. Silt fence will be installed and maintained by the contractor across the entire downhill side until grass is established. When the grass is established, the fence shall be removed by the contractor. 8. Warm and cool weather grass shall be applied to all disturbed areas not covered with gravel at a rate of two (2) pounds per one thousand (1,000) square feet. Contractor will be responsible for grass establishment. 9. All testing that meets or exceeds requirements will be paid for by the owner. The owner will schedule all testing. 10.The contractor shall prevent the transport of sediment to adjacent properties and public rights of way and is responsible for cleanup if such occurs. Contractor is to ensure that no construction debris or mud is tracked or discarded on to any public or private streets or land and is responsible for site cleanup after each day's work. Contractor is to make use of best management practices to prevent sediment from leaving the site. Contractor shall maintain erosion control throughout the construction period and until grass is established. /9 �e � C` J *l: 4� ! 4tj� v v: r x A ry 14 . j affil 1 „LL 11s � {� nR6 � Ji ir.� Cr i ri 4 x.in Sv' : N �t 1 IM 2M C` J *l: 4� ! 4tj� § �0 !(.§)�| |). . %qh&/ /�� w NOTES: 1. A MAX. OF 4 AND A MIN. OF 2 THROAT RINGS SHALL BE USED AT EACH MANHOLE IN NEW OR EXISTING RIGHT -OF -WAY. 2. USE ADEKA SEALANT OR APPROVED EQUAL BETWEEN RINGICOVER ADJUSTMENT RINGS AND CHIMNEY OR CORdELICONE SECTION, 3. MANHOLE BASE THICKNESS AND FOUNDATION AS FOLLOWS: MANHOLE DEPTH WT. 1 BASE THICKNESS 0 -12 - -- ------ ---8. 12 AND OVER ----------- 12" MANHOLE DIA. MAIN SIZE 4 FT 08in. 5 FT 2181n. c301n. 6 FT 2381n. OPENING) OR 4. MANHOLE LOCATION AND COMPACTION AS FOLLOWS: LOCATION COMPACTION REQUIREMENT PAVEMENT--------- 98 %STANDARD PROCTOR (ASTM D 698) LANDSCAPE AREA----- 90 % STANDARD PROCTOR (ASTM 0 698) 5. NO RINGS ARE REQUIRED OUTSIDE OF STREET RIGHT -OF -WAY S SHALL EXTEND 1 FOOT ABOVE THE BASE TF FLOOD ELEEV�SIT'ION OR A SOLT DOWN WATER -TIGHT RING AND COVER SHALL BE USED, VENTED WHERE REQUIRED. 7, WARNING SIGN ONLY TO BE PLACED WHERE SEWER CROSSES OPEN FIELDS. NOTE; DEPTHS GREATER THAN 12' WILL REQUIRE 2 MATS OF REINFORCING STEEL IN THE BASE. SEE NOTE 1 PRECAST REINFORCED CONC. MANHOLE SECT. ASTM DES. C-478 BACK FILL AROUND MH SHALL BE AS PER NOTE 4 5" MIN. SEE NOTE 7 SEWER SIGN — MANHOLE SIDI (SEE DETAIL S6 -02) 12" MAX. 218" WAlINNO NANIIOIE w. 6' -0" S' GREEN, HEAVY DUTY, WING CHANNEL POST 2, -0" c 6" MIN. 112 "IFT INVERT= OF PIPE UP O 24". 244 AND DEPTHRINV RTS, FULL WATERSTOP- PIPECONX J BASE MANHOLE ADAPTER SEAL, OR APPROVED EQUAL. (2 REO'D) 44 BARS, 8" O.C.E.W. BARS BENT 901 AND TIED TO WALL �D BASE IRSTANDARD PRE -CAST MANHOLE DATE OLINI NO Crly oy BRYec AU(3" $012 BIC$ UNIFIED CrilmCo "l 'K 9rAVOv STANDARD DETAIL S1-00A MACHINED BEARING SURFACE 24 7 CO VER SECTION i_ 1" 914" 25 -818" DUI l2)1" HOLES 24 -114" DIA —'.{� i80 APART ART 22418" DIA I r 2" 5" LETTERS COURFACE 2 -114" PICK HOI.EDF -13H. 25.7/8" -� 31 -715" FRAUESEC HON NOTE: STORM SEWER LIDS TO BE USED FOR PUBLIC STORM 1" LETTERING (RECESSED FLUSH) SEWER SYSTEMS ONLY. STORM SEWERSYSSTEMS ATE LETTERS COURFACE 2 -114" PICK HOI.EDF -13H. BOTTOM VIEW OFCOVF.R COVER FACE l" LETTERING (RECESSED FLUSH) __.__ __ _..._STORM SEWER- MANHOLE RING AND COVER 24" DIA. DUCTILE IRON V- 1342 -A DAtE DElK N0. BIOS UNIFIED CErY O}, BBYti�. Cm nr Cow:r.�Srennv C,.,,w F fli " AUG. 2012 STANDARD DETAIL D401 1342 -A muw BOTTOM VIEW OFCOVF.R COVER FACE l" LETTERING (RECESSED FLUSH) __.__ __ _..._STORM SEWER- MANHOLE RING AND COVER 24" DIA. DUCTILE IRON V- 1342 -A DAtE DElK N0. BIOS UNIFIED CErY O}, BBYti�. Cm nr Cow:r.�Srennv C,.,,w F fli " AUG. 2012 STANDARD DETAIL D401 TEXAS A &M UNIVERSITY SYSTEM 301 Tarrow Street College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos Revised: 01/06/12 CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 13.23 Asbestos Abatement Worker 10.67 Carpenter 13.49 Concrete - Pour and Finish 13.02 Crane Operator 23.52 Driver 11.59 Drywall Installer 10.78 Electrician - Journeyman 20.10 Electrician - Apprentice 12.09 Elevator Mechanic- Journeyman 36.64 Elevator Mechanic- Apprentice 21.99 Fire Protection - Controls 13.60 Fire Protection - Pipefitter 17.69 Formwork Builder 11.65 Glazier 14.40 HVAC -Journeyman 22.30 HVAC - Apprentice 13.66 HVAC - Controls 16.05 Insulator 11.35 Ironworker 15.22 Laborer/Helper 10.02 Mason 16.10 Equipment Operator - Light 13.69 Equipment O erator - Heavy 14.99 Painter 11.57 Pipefitter - Journeyman 22.76 Pipefitter - Apprentice 14.54 Plasterer 16.07 Plumber - Journeyman 24.43 Plumber -Apprentice 13.49 Reinforcing Steel Worker 10.19 Roofer 11.71 Stone Mason 17.08 Terrazzo Installer 19.55 Tile Sett er 11.90 Waterproofer - 11.70 _ Weldor I Receive rate for classification performing operation. Note: Listed minimum prevailing wage rate is the base hourly mgc ratc including fringes. Vol. pg. 3�/ .- .- ---- -- - _I �� v��; ���_ p�.�/�- COMMISSIONER COURT MINUTES OF JANUARY 14, 2014 ARE CONTINUED IN VOLUME 195 PAGE 1 COMMISSIONER COURT MINUTES OF JANUARY 14, 2014 ARE CONTINUED FROM VOLUME 194 Vol. / /5 pg. INVITATION TO BID LANE STRIPING AND PAVEMENT MARKERS ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bid Request No. 2014 -05 Bryan, Texas 77803 Page 1 of 10 Pages Telephone (979) 361 -4294 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2:00 a.m., Tuesday, November 12, 2013, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a one (1) year period beginning November 19, 2013 through November 18. 2014 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this bid, 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 Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2014 -05 Page 2 of 13 Pages Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in who[e, any bids submitted, and to waive any technicalities for the best interest of the County. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. Bidder must include Employer Identification Number for the bid to be valid. g. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned 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 bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Contractor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners 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. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes ossession of the oods at the point or points of delivery. i Vol. / 95 Pg. .� -- Bid Continuation Sheet Bid Request No. 2014 -05 BRAZOS COUNTY, TEXAS Page 3 of 13 Pages 14. 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. 15. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govem. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in a scaled envelope clear] marked with Contractor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the Contractor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. If Contractor in receipt of notice is unable to bid, the bid should be submitted as a "No Bid" and returned to the Purchasing Department before opening time. This is necessary if Contractor wants to remain on Contractor list and receive future bid notifications. 20. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22. It is our. policy.. not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos County web site; Brazos Valley Online Bidding System (www.bmzosbid.cstx.eov) after bid award by Commissioner's Court. Pg. T� Bid Continuation Sheet Bid Request No. 2014 -05 BRAZOS COUNTY, TEXAS Page 4 of 13 Pages 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. 24. The successful offeror agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 25. If sample testing is required, Brazos County will perform test through a third party. Contractor will be required to allow the third party access to the facilities in order to acquire samples for testing. Failure to submit requested testing may disqualify bid. 26. Three (3) references are to be provided by bidder. Failure to submit references may result in disqualification of bid. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. In order to insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Road and Bridge Department. 29. Any Subcontracting must be approved prior to commencement of the contract by the County Engineer and Brazos County. 30. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 31. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents, and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. if notation of substitution in not made, it is assumed the Contractor is bidding the item specified. 32. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 33. In the event the Supplier is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. Bid Continuation Sheet Bid Request No. 2014 -05 BRAZOS COUNTY, TEXAS Page 5 of 13 Pages 34. The successful Contractor should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful Contractor only, and shall not include sub - contractors, assignees, or any other parry. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department- (979)361 -4290. 36. Upon acceptance of a purchase order for any commodity or materials purchased by Brazos County, the Contractor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the successful Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. Potential Contractors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Bidder hereby waives any obligation to the release to the public.of any documents submitted in accordance with this bid C. SPECIAL PROVISIONS All deliveries are to be made F.O.B. Brazos Count Road and Bridge Department, during regular working days, and betty�en the hours of 7:3 A.M. and 5:00 P.M. Bid Continuation Sheet Bid Request No. 2014 -05 BRAZOS COUNTY, TEXAS Page 6 of 13 Pages Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 2. Contractor will be required to notify the County Engineer's Office in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 3. Contractor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 6. Any Contractor vehicles traveling on County roads will not exceed its legal gross weight. D. INSURANCE REQUIREMENTS The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 CSL with Brazos County named as an additional insured. C. Comprehensive Automotive Liability with single limits of $1,000,000 for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. Vol. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2014 -05 Page 7 of 13 Pages 4. The Contractor agrees to hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. E. BONDING REQUIREMENTS The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, 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 COMOPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. REFERENCES Contractors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company /Entity: _City of College Station — Public Works Contact: Lee Robinson Phone: 979- 764 -3695 Email: — Robinson @cstx.gov Company /Entity: _City of Vol. - . 1j"Ir i'y. s Bid Continuation Sheet BRAZOS COUNTY, TEXAS Contact: Dale Phone: 979- 209 -513 Email: _dpicha @bryantx.gov Bid Request No. 2014 -05 Page S of 13 Pages OMANx1+�s't°"``�'dc.rrl`�, Company/Entity: _Knife Contact: Keith Phone: 979 -361 -2900 Email: _Keith.Pierson @kniferiver G. SPECIFICATIONS General Information — Brazos County is seeking qualified companies to provide: Reflectorized Pavement Markings and Raised Pavement Markers in accordance with Items 666 and 672 of the Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2004. It is expressly understood and agreed that in case Brazos County should need any item(s) not available within a specified time frame needed from the Successful Bidder(s) during the term of this contract, contractor must provide written verification that the specified timeframe cannot be met. Brazos County then reserves the right to purchase the item(s) from vendors other than the Successful Bidder(s) and shall not be in violation of any terms or conditions of said contract. 2. Definition of Terms for Specifications: County: Brazos County Road & Bridge acting by and through Brazos County Contractor: Successful Bidder of the attached Invitation for Bids Engineer: Director of Brazos County Road & Bridge Division Inspector: Employee of Brazos County supplied to the contractor's crew for the selection, prosecution, and quality control of the work. Specifications: Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges 2004. Department: Brazos County Road and Bridge Division Contract: The Invitation for Bids and the Bid of the Successful Bidder shall become a contract between the successful bidder and Brazos County once the Successful Bidder's Bid is properly accepted by Brazos County Commissioners Court. 3. Control of Materials a. Source Control. Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new materials for the work. Secure the Engineer's approval of the proposed source of materials to be used before their delivery. It will be emphasized by the Engineer to utilize materials shown on IVoI. ��.� Pg•- Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2014 -05 Page 9 of 13 Pages latest TxDOT pre- approved Material Producer List. Materials can be approved at a supply source or staging area but may be re- inspected. The Contractor shall submit the following test reports from an approved independent testing laboratory, providing the proposed materials compliance compliance and adequacy. b. Material Quality. Correct or remove materials that fail to meet the contract requirements, for cost incurred if additional sampling and testing is required by a change of source. Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective actions. Upon rejection, Contractor shall immediately remove and replace rejected materials. If the Contractor does not comply with this Article, the County may remove and replace defective material and the cost of testing, removal, and replacement will be deducted from invoice. c. Manufacturer Warranties. Transfer to the County warranties and guarantees required by the Contract or received as part of normal trade practice. d. Plant Inspection and Testing. The Engineer may, but is not obligated to inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. Materials produced under County inspection are for County use only unless released in writing by the Engineer. If inspection is at the plant, Contractor must meet the following conditions unless otherwise specified: • Cooperate fully and assist the Engineer during the inspection • Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials. • In accordance with pertinent items and the Contract, provide a facility at the plant for use by the Engineer as an office or laboratory. • Provide and maintain adequate safety measures and restroom facilities. • Furnish and calibrate scales, measuring devices, and other necessary equipment. • Transfer to the County warranties and guarantees required by the Contract or received as part of normal trade practice The Engineer may provide inspection for periods other than daylight hours if: • Continuous production of materials for County use is necessary due to the production volume being handled at the plant and • The lighting is adequate to allow satisfactory inspection 4. General Notes Contractor shall provide all traffic control measures to complete the work described herein and to ensure a minimum inconvenience to trallic around the construction area. Should the Vol. % �-� Pg. /� — Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2014 -05 Page 10 of 13 Pages contractor's traffic control measures be found unsatisfactory by the Engineer, or Inspector, striping operations will cease immediately. Contractor shall provide a Superintendent that is available on the project at all times when work is being performed and that can effectively communicate with Brazos County personnel and the public. Flaggers must be courteous and be able to effectively communicate with the public. All equipment involved in roadway work shall be equipped, unless approved otherwise by the Inspector, with a permanently mounted 360 degree revolving or strobe warning light with amber lens. This light shall have a mounting height of not less than 6 feet above the roadway surface and shall be visible from all sides. ITEM 666 — Reflectorized Pavement Markings Furnish all Type I Marking Materials in compliance with TxDOT's DMS -8220. Furnish all Type II Marking Materials in compliance with TxDOT's DMS -8200. Furnish all Glass Traffic Beads in compliance with TxDOT's Material Specification 8290. Refer to Specification section 666.2(C) 1. Furnish a double drop of Ty II and Ty III drop on glass beads where the type of bead is applied separately in equal portions by weight. Apply the Ty III beads before appling the Ty II beads. Apply markings during appropriate weather conditions, unless otherwise directed. If markings are damaged due to precipitation or other adverse weather conditions, the Contractor is responsible for all costs associated with replacing markings. ITEM 672 — Raised Pavement Markers Furnish Reflectorized Pavement Markers in compliance with TxDOT's DMS -4200. Furnish Traffic Buttons in compliance with TxDOT's DMS -4300. Contractor shall not place a new pavement marker without first removing the old one, This work shall be considered subsidiary to this item. Placement of new markers shall be in front of the old one. Contractor shall use bituminous adhesive to bond pavement markers to a bituminous pavement surface and epoxy to concrete roadway surfaces. Place bituminous adhesive at a temperature range of 380 to 390 degrees Fahrenheit. Place the pavement marker on the bituminous adhesive approximately 20 seconds after the adhesive is placed on the pavement. Ensure that pavement marker rests solely on the adhesive and not the pavement surface. Ensure that a minimum of 1/8 inch layer of bituminous adhesive remains between the pavement marker and the pavement surface after installation. i VOL Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2014 -05 Page 1 l of 13 Pages ITEM 677 — Eliminating Existing Pavement Markings and Markers Blast cleaning or black paint will not be an accepted method of pavement marking removal unless otherwise directed by the Engineer. 5. Subcontractors. Contractor shall identify every subcontractor it intends to use for the work to the County in writing at least ten (10) calendar days before entering into any subcontract. Contractor shall not use any subcontractor to which County has a reasonable objection. Following County's acceptance of a subcontractor, that subcontractor shall not be changed without County's written consent, which shall not be unreasonably withheld. 6. Pavement Markings: Item Quantity UOM Description L 20,000 LF 4" Reflectorized Markings (SLD)(Re- stripe) 2. 5,000 LF 4" Reflectorized Markings (BRK)(Re- stripe) 3. 80,000 LF 4" Reflectorized Markings (SLD)(Layout) 4. 12,000 LF 4" Reflectorized Markings (BRK)(Layout) 5. 500 LF 12" Reflectorized Markings (SLD)(Re- stripe) 6. 500 LF 12" Reflectorized Markings (SLD)(Layout) 7. 200 LF 18" Reflectorized Markings (SLD)(Re- stripe) 8. 200 LF 18" Reflectorized Markings (SLD)(Layout) 9. 200 LF 24" Reflectorized Markings (SLD)(Re- stripe) 10. 200 LF 24" Reflectorized Markings (SLD)(Layout) 11. 10 EA 4' Reflectorized Directional Arrow 12. 10 EA 8' Reflectorized Directional Arrow 13. 10 EA 4' Reflectorized Combination Arrow 14. 10 EA 8' Reflectorized Combination Arrow 15. 500 SQ FT Eliminate Existing Pavement Markings 16. 20 FIR Pressure Cleaning 17. 2,000 EA 4 "Type 11 -AA Raised Reflective Pavement Markers 18. 500 EA 4 "Type I -A Raised Reflective Pavement Markers 19. 20 EA Reflectorized Railroad Crossing 20. 1,000 EA Flexible Chip Seal Markers (yellow and white) 21. 2,000 EA Removal of 4" Raised Reflective Pavement Markers 7. Contractor will be required to maintain proper permits to operate on Brazos County roads and /or property. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet shall be labeled as such. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2014 -05 Page 13 of 13 Pages INVITATION TO BID 2014 -05 LANE STRIPING AND PAVEMENT MARKERS CONTRACT The undersigned aff not been prepared in not been communical SIGNED BY: hey are duly authorized to execute this contract, that this bid has with any other Contractor, and that the contents of this bid have other Contractor prior to the official opening of this bid. TYPED NAME: C"E#kland TITLE: Vice President ofN -LINE Management, L.L.C., Gmeral Partner of N -LINE Traffic MaintrnanckL.P. COMPANY NAME: N -LINE Traffic Maintenance PHONE: MAILING ADDRESS: _PO 4750 P.O. Box or Street _Bryan TX 77805 City State Zip EMAIL ADDRESS: _david.gorman@n- linetraffic.com CONTRACTOR IDENTIFICATION NUMBER: 74- 2748935 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2015 -05 rs rtrswwsws+ s» ws+ wwwwwrtww+ w+ wpwss+ rt+ sswwrws+ rs++ wrt+** *rt * *ws +srtsrsww * *w *srtrtswt + +www ++ By signing below, Brazos County agrees that this bid, 2014 -05, will be awarded as dictated on the associated bid tabulation sheet, to the Contractor whose name appears above and both parties agree to the terms and conditions contained here' By. Brazos County Commissioner's Court Date 0 1114 Attest: Brazos County Bid Continuation Sheet BRAZOS COUNTY$ TEXAS Bid Request No. 2014 -05 Page 14 of 13 Pages 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. N -LINE Traffic Maintenance will deliver these commodities under normal conditions within 60 calendar days. Vol. _ `�✓� Pc � - - 2� TAM It ATInM NFAMSIMPI. Grinnell Action FIM Pro& D&A. Fire Equipment A4 Fire S Safety Equipment Caen Mnuel Ylepadwn UNM Cmrr9F Mruel Ins KKK $I5W Tad C.KYea xla, SemShXY Tash Cafe M-w IesKeN, Casum, Newel InM - Tad Cowes Mb Sm," T.M. Caw Amud IneperAm CaruBL Nmlel IngW Tnul CwVYev MM T.M. C. M.d sepedbn CWM1- MWI "reo. TWI COUHw MN"aelu ir, T.I. Sh&rIR90Bce "ISM WNW Summ SAMO.M SUMM $)0000 SI.OSO.W VON 181300 UNSK Expo Exhibit HMI UK 00 51SM U75W MISM MNW SI.32SW SMOM SiM.W $I,WO.M $NOM MYv.W SM5W Expo NOMl Arens $]oo M5W $ON.00 WSW SON 51,05W MTOW SON.W 31,2)O.N ISMw $9M .M 31,.20M Expo South Awe 18500 MM 00 34rO.M "Mw MW00 18WM 550000 $TWw $250.w MOON 185000 Museum SIOM.N MSW SMSM M15M WNW 51,175W WNW smvw $750M $"0N "2500 MMW Adult Probabdon 5i5.DO 39)S.N STMW mom VJMM S5MM $1 weDO 51595th 559500 WxW 31485th IT Department SI.INM 375th SPIN MNM MWW MWW 13M SO MCO.M 5720 00 MM.M M20.W STMw Administration Building "NN STSM M15.W 11.2WN S1,1WM S2.M0M MM.N iMW SI,IWM "7500 3815M 311118.18 Cost for Year i wgh only Annual testing "ANN $5A25W 13.1N,M $3.110.00 Total Coelor Tom, 2wlih ell Sensitivity Testing and $5,000.00 $9,525.00 $8,40000 $8,130.00 .\Hl GAT llI.i? i -•. I.1 L 1. .11A af.' Tod Cmv CawB1- C9e17Yeer Caw CwuHF TGYC.MYeal Caw CMa14 Ca. wWb Caw C 1- T. C.eV.er Location Ou.nNg A al Wal OwneM ATUe e1n 9.nYaM OaeIYM Annual Seneltl.ly Ouelenr Inue net Se'e'Mr, Inepev'IYxI Inpeellm Sene4Mly Inep .. Ir3;,KKn T., Ine,e Inse . Tee. Irrgwcllm Inepewwi Te.. Tnu Brazos County Courthouse M25M 375W $3,7750 SIOM.N UWw ",SOW 34M.N Woo M ?WW M25W MUM 18.22503 Holding Calls BCDC I. Risk Facility WNW SIMW u.TMN SI.INM SW].M SS,MON MW.W "WIN SI.MO.M 035M MNN 31,9M.N BCDC HUI SIAMOO MM 35950.18 31,MW SSN.W n.M3.M MNm 31,300M M,NO.N M35.M 31]NW M.2NM BCDC HU2 SI,aN.W f300.W $ BBW.W M.ONW SI.SM.M 3 93m. 313.W 31,4WW 3 8200.00 St,050M $1,5100 3 5,710.M BCDC HU3, HW8SHU M.IWW 1800.00 $ 25,M0M 310,20,M 35,800W 3 WMW McWN M,WM00 3 2S.1MM %S4WW M,9W.M 3 nA N J.""lle SI,TWW MW.00 3 1,MOM M,OWW 6Ie50.M a 14.OM.W $1 WIN M.4M.W 3 9,600.00 31]50M SI.725M $ 0,72595 Juwnlls Portables INDOW S75.W 3 1875M SWOM I'Maw 3 2,800m MMOO MMW 9 1EWW MWOO MW.W s 1WcW Total Coal for Yearly Tests M1,s00W S70MO.N M9,36aw $MWO.M TOM Cell or ear wall Building. w2 SonudWt, $52750.00 $88.850.00 552,280.00 $51,760 OD .\Hl GAT llI.i? i -•. I.1 L 1. .11A af.' 2+ Pay Connexions" Service Terms I JPMORGAN CHASE BANK, kA. V01.09 -13 1. Service and Service Terms. These Service Terms apply to JPMorgan Chase Bank, N.A. ( "Bank ") Services for Pay Connexions" provided to Brazos County ( "Public Sector Entity"). Bank's account documentation, including account terms and conditions governing the operation of business accounts and services as well as other applicable service terms, (collectively, 'Account Documentation'), are incorporated into these Service Terms by this reference. Capitalized terms used herein and not otherwise defined shall have the same meaning specified in the Account Documentation. 2. Definitions. 2.1 'API' or 'Application Programming Interface' means an interface implemented by a software program that facilitates interaction between the Service and Public Sector Entity's software programs. For example, API includes a message request sent from the Service to another software program and a- message response from one software program back to the Service. 2.2 'Authorized User" means a designated employee or agent of the Public Sector Entity. 2.3 'Call Center" means Bank's customer service operations, as applicable. 2.4 'Card" is an account, or evidence of an account, authorized and established between a Payor and a Payment Brand, or representatives or members of a Payment Brand that Public Sector Entity accepts from Payors as payment for a good or service. Cards include, but are not limited to, credit or debit cards, stored value cards, loyalty cards and electronic gift cards. 2.5 "Convenience Feels)' means a charge to a Payors Card or checking or savings account for the convenience of using the payment channels offered via the Service, which includes the Internet, Point -of -Sale, IVR, Call Center, and API, as applicable, where such charge is collected by Bank, Including as agent on behalf of Public Sector Entity, if applicable. 2.6 "Image File" means, if applicable, an electronic file containing a summary or detail Statement or payment information. 2.7 'IVR" means the Bank - provided interactive voice response system. 18 'Merchant Processor" means the provider of services necessary to authorize, process and settle, as applicable Payors' Card transactions contemplated hereunder. 2.9 ' NACHA" means the National Automated Clearing House Association. 2.10 ' NACHA Rules" means the operating rules and guidelines of the National Automated Clearing House Association. 2.11 'Payment Brand" is any payment method provider whose payment method is accepted by Merchant Processor for processing, including, but not limited to Visa, U.S.A., Inc., MasterCard Intemational, Inc., Discover Financial Services, LLC and other credit and debit card providers, and debit network providers. Payment Brand also includes the Payment Card Industry Security Standards Council. 2.12 "Payment Brand Rules" are the bylaws, rules, and regulations, as they exist from time to time, of or required by the Payment Brands. 2.13 " Payor' means consumer or business customers of Public Sector Entity who access the Point-of-Sale, IVR, Cali Center or the Intemet, as applicable, to initiate payments to Public Sector Entity. Where applicable, Payor also means the person or entity to whom a Card is issued or who is otherwise authorized to use a Card. 2.14 " Payor Information' means information related to a Payor or the Payors Card, that is obtained by Public Sector Entity or Bank from the Payors Card, or from the Payor solely in connection with his or her use of a Card (e.g., a security code, a PIN number, credit limits, account balances, or the Payor's zip code when provided as part of an address verification system). Without limiting the foregoing, such information may include the Card account number and expiration date, the Payors name or date of birth, PIN data, security code data (such as CVV2 and CVC2), and any data read, scanned. imprinted, or otherwise obtained from the Card, whether printed thereon, or magnetically, electronically, or otherwise stored thereon. For the avoidance of doubt, the data elements that constitute Payor Information shall be treated according to their corresponding meanings as "cardholder data' and "sensitive authentication data" as such terns are used in the then current Payment Card Industry Data Security Standards ('PCI OSS "). 2.15 "Point -of -Sale" or "POS' means electronic payment system used in Card- present transactions to verify and process Card information. 2.16 "Public Sector Entity Websits" means a web site owned or operated by or on behalf of Public Sector Entity. 2.17 'Rules and Regulations" means the NACHA Rules, the Payment Brand Rules, or ether applicable association or clearinghouse rules, the Security Standards, and all other applicable laws, regulations and industry rules, each as amended from time to time. 2.18 -Security Standards" are oil rules, regulations, standards or guidelines adopted or required by the Payment Brands or the Payment Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Payot Information, including but not limited to the PCI DSS, Visa's Cardholder Information Security Program CCISP'), Discovers Information Security 8 Compliance Program, American Express's Data Security Operating Policy, MasterCard's Site Data Protection Program ('SDP'), Visa's Payment Application Best Practices ( "PABP"), the Payment Card Industry's Payment Application Data Security Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Tenors Brazos -County -Ray GoaaexiaaServise�erms Page 1 of 20 Vol. _ -�_ pg.Z "__— j Standard ("PA DSS1• MasterCard's POS Terminal Security program and the Payment Card Industry PIN Entry Device Standard, in each case as they may be amended from time to time. 2.19 "Service(s)' means the specific service(s) provided by Bank more specifically described in the service level agreement ('Service Level Agreement" or "SLAB attached hereto as Exhibit A and incorporated by reference, the statement of work ('Statement of Work ') and the implementation questionnaire that will be completed by Public Sector Entity and Bank subsequent to execution of the Service Terms. The Services include a payment solution that allows Payors to initiate payments to Public Sector Entity via the Internet, Point - of -Sale, IVR or Call Center; access to the Technology: reporting and analysis capabilities, and if applicable, electronic, statement presentment. 2.20 'Service Start Date' means the date the Public Sector Entity Website, Point -of -Sale, IVR or Call Center application. as applicable, is activated. 221 "Statement" means, if applicable, a bill or invoice, as applicable, or comparable request for payment, prepared and sent to Payors by or on behalf of Public Sector Entity. 2.22 'Technology" means Bank's (or its licensors) Point-af -Sale, IVR, API and /or web -based applications, as applicable, which have been designed to facilitate Payor- initiated payments relating to various transactions entered into between Payors and Public Sector Entity, via telephone to Call Center or IVR, Point-of-Sale, or the Internet, using as applicable. Cards, or via automated clearing house ( "ACH ") and may include customer service support, reports, software, and software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof. 2.23 "Term" shall mean the Initial Term and any Renewal Terms) as defined in Section 8.1, unless earlier terminated In accordance with Section 8.2. 3. Responsibilities; Suspension/Cancellation of Service. 3,1 Public Sector Entity Responsibilities. Public Sector Entity agrees to, at its sole expense and consistent with the Rules and Regulations. (a) maintain the Public Sector Entity Website, IVR and API, as applicable, as well as the actual links and session transfer capabilities; (b) maintain the URLS to which Payors are returned after completing a payment transaction for the Services via the Internet: (c) provide Bank with all information reasonably necessary to setup or establish the Service on Public Sector Entity's behalf, including but not limited to completing the Statement of Work and implementation questionnaire documentation and using commercially reasonable efforts to ensure its vendors, if applicable, cooperate fully with Bank to achieve inter - operability of the Technology and Services with Public Sector Entity's or its vendors hardware, (d) maintain the confidentiality of any passwords, codes, digital certificates, security devices and related instructions for use of the Services, and if Public Sector Entity believes or suspects that any such information or instructions have been accessed by unauthorized persons, Public Sector Entity shall promptly nosy Bank and advise Bank as to the effect of the security breach and the corrective actions to be taken to restore or verity security; (e) advise each Authorized User of his or her obligations under these Service Terms and of the license restrictions set forth herein; (1) if applicable, provide Payors with all required disclosures pursuant to the Rules and Regulations and as otherwise agreed to by the parties, including but not limited to where Public Sector Entity is accepting POS Transactions, ensuring that all required disclosures relating to Convenience Fees are made by Public Sector Entity to each Payor at the point -of -sale in accordance with the requirements of Exhibit 0 (Public Sector Entity shall certify its compliance with the disclosure requirements in wining to Bank on an annual bass); (g) if applicable, provide proper attribution of the Technology and Services to Bank as determined by Bank; (h) provide appropriate and sufficient data to authenticate Payors. Including but not limited to delivery of data that will be (1) validated by the Service when a Payor is attempting access, (2) used to perform the authentication of the Payor when the Service is not providing the authentication; and (3) used to validate the Payor after a successful session transfer for ACH transactions: (i) maintain the confidentiality of any passwords, codes, digital certificates, security devices and related instructions for use of the Services, and if Public Sector Entity believes or suspects that any such information or instructions have been accessed by unauthorized persons, Public Sector Entity shall promptly notify Bank and advise Bank as to the affect of the security breach and the corrective actions to be taken to restore or verify security; Q) be responsible for all chargebacks, except for chargebacks of Convenience Fee payments where charged and collected by, and settled to, Bank; (k) execute the attached Exhibit C Merchant Payment Processing Instructions and Guidelines, incorporated by reference; and (I) pay all fees and charges applicable to the Service. All payments to the Bank shall be in full, without set -off or counterclaim and free of any deduction or withholdings related to any tax or other claim. All services required by Public Sector Entity not listed in a Statement of Work will be charged at Bank's standard prices. All requests for additional development or changes will follow the standard Pay Connexion change request process. Bank may impose, charge and adjust fees associated with the Service, including but not limited to, any applicable maintenance fees. Public Sector entity shall not: (A) engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the Services; (B) after, translate, create derivative works from, reverse engineer, disassemble or decompile the Technology or Services; (C) knowingly introduce or transmit through the Technology or Services any virus, worm, software lock, drop deed device. Trojan -horse routine, trap door, back door, timer, time bomb, clock, counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of the Technology or Services or other computer systems of Bank; (D) remove. obscure or alter any copyright notice, trademarks or other proprietary right notices affixed to or contained within the Technology or Services without Bank pemnMion; or (E) engage in a allow any action involving the Technology or Services that is inconsistent with these Service Tens and all functional specification document that are or will be provided to Public Sector Entity by Bank. 3.2 Bank Responsibilities Associated with the Services. Bank agrees, consistent with the Rules and Regulation, that it will not (a) engage in spamming, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the Services; or (b) knowingly introduce or transmit through the Technology or Services, any virus, worm, software lock, drop dead device, Trojan -horse routine, trap door, back door, timer, time bomb, clock, counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of Public Sector Enfity's computer system. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Terms4raao C-e nly- Pay- GoaeexwnSe iseXems Page 2 of 20 3.3 Withdrawal of Access/Suspension of Service. Bank may, in its reasonable discretion, instruct Public Sector Entity to terminate access to any Authorized User or individual and Public Sector Entity agrees to promptly comply with such instructions. Bank reserves the right to deny, suspend or revoke access to the Services, in whole or in part, it Bank believes Public Sector Entity and/or its Authorized Users are in breach of these Service Terms or are otherwise using or accessing the Services inconsistent with the terms and conditions hereof. Further, Bank shall have the right to suspend the Service immediately in the event of an emergency or in the event of force majeure. 4. Payment Processing. 4.1 ACH Processing. Bank will initiate ACH entries to the checking or savings accounts of Payors who opt to pay using ACH transactions. Terms used herein but which are not defined in these Service Terms or the Account Documentation, have the meanings given those terms in the NACHA Rules. Public Sector Entity (as Originator) and Bank agree to be bound by the NACHA Rules in effect from time to time and shall comply with same. Public Sector Entity agrees not to close the account(s) designated as Public Sector Entity's settlement account (as used herein, individually and collectively. "Settlement Account', which Settlement Account shall be at Bank, without giving Bank at least five (5) Business Day's prior written notice and substitution of another Settlement Account. As used herein, 'Business Day' is defined as Monday through Friday, excluding Federal Reserve Bank holidays. Public Sector Entity authorizes Bank to initiate electronic debit and credit entries and adjustments to the Settlement Account witiout respect to the source of any monies in the Settlement Account. This authorization shall remain in full force and effect until termination of these Service Terms. Bank shall not be responsible or liable for any delays in receipt of funds or errors in Settlement Account entries caused by Public Sector Entity, Payors or third parties. In preparing and transmitting ACH entries, Bank may rely upon all infornation and data provided to it via the Service for any Payor, and Bank shall have no responsibility or liability for the inaccuracy or invalidity thereof. 42 Card Processing. Payor payments generated pursuant to the terms of these Service Terms from Card transactions will be tendered to Merchant Processor, 4.3 Convenience Fees. (a) Public Sector Entity instructs Banc as follows whit respect to all Convenience Fees charged by, collected by and settled to Bank: (i) all Convenience Fees will be submitted by Bank to the Merchant Processor or through the ACH Network, as applicable, (ii) all evidence and electronic record of a sale or lease transaction ( "Sales Data ") representing payment by use of a Card or of a refundicredit to a Payor will be submitted by Bank on behalf of Public Sector Entity to the Merchant Processor or through the ACH Network, as applicable, (Ii) all Merchant Processor processing fees, chargeback fees, funds transfer fees, interchange fees, dues, access, connectivity, and assessment fees, or other fees that may apply to submission of Convenience Fees and Sales Data shall be paid by Bank, (N) all chargebacks, returns and similar charges related to Sales Data shall be paid by Public Sector Entity, (v) all chargebacks, returns and similar charges related to Convenience Fees shall be paid by Bank, (vi) settlement funding for Convenience Fees will be paid by Merchant Processor directly to Bank or an account designated by Bank, (vii) settlement funding for Sales Data will be paid by Merchant Processor directly to the Settlement Account, and (vii) Bank may change the Convenience Fee being charged at any time. (b) For all Convenience Fees charged by Public Sector entity, collected by Bank on behalf of Public Sector and settled to Public Sector Entity, Public Sector Entity shall pay all Merchant Processor processing fees, chargeback fees, funds transfer fees, interchange fees, dues, access, connectivity, and assessment fees, or other fees that may apply to submission of Convenience Fee and Sales Data, and all chargebacks, returns and similar charges related to Convenience Fees and Sales Data. 5. Statements (If Applicable: Statement Presentment is an optional service. This Section 5 will apply only where Public Sector Entity and Bank have documented acceptance of the Statement Presentment Service in an SOW , implementation questionnaire, or otherwise in writing). 5.1 Statement Presentment (a) At an agreed upon time following each billing cycle, Public Sector Entity shall electronically transmit to Bank an Image File containing .pi f images of the Statements they wish to have presented. They will also pass this image identification in the Pre - Registraion file where it will be associated it with a Payor. Bank shall store the image on -line for 18 months. 'Bank shall have no obligation to act upon any Image File it is unable to verify. (b) Public Sector Entity shall be responsible for the accuracy, adequacy and proper form of all Image Files and other data and information supplied by Public Sector Entity to Bank and Public Sector Entity shall notify Bank of any error or discrepancies promptly upon Public Sector Entity's discovery or knowledge thereof. Bank shall have no responsibility or liability for any errors or Inaccuracies contained in any Image File or other data or information received from Public Sector Entity. (c) Pubic Sector Entity shall immediately notify Bank if Public Sector Entity revokes enrollment of any Payor, suspends or cancels any Payor or otherwise suspends or terminates any Payoes access to the Service. 5.2 Statement Notification (a) Pubic Sector Entity shall be responsible for the accuracy, adequacy and proper data for all ratification email data. Bank will send out statement notification emails to the Payor as specified by Public Sector Entity. Bank shall have no responsibility or liability for any errors or inaccuracies continued in any notification related data or Information received from Public Sector Entity. 6. Intellectual Property Ownership. These Service Terms do not transfer to Public Sector Entity any ownership, intellectual property or proprietary rights in the Technology or any work or any part thereof, or any copyright, trademark, patent right, etc., and all right, title and interest in and to the Technology and intellectual property will remain solely with Bank or its licensors. Bank hereby grants Public Sector Entity the non <xclusive, non - assignable, non -sub licensable right to display lha J.P. Morgan Logo (a) in a forth to be provided by Bank, (b) solely on Public Sector Entity's Internet website and (c) solely in connection with Public Sector Entity's use of Bank's Pay Connexion product as described in these Service Terns (the 'Permitted Purpose'). Public Sector Entity will use the J.P. Morgan Logo only for the Permitted Purpose and only in accordance with any quality standards and specifications supplied or approved by Bank. Public Sector Entity will, upon Bank's request, (a) submit to Bank for prior approval all proposed uses of the J.P. Morgan Logo and (b) provide to Bank samples of existing uses of the J.P. Morgan Logo and any other documents or information which may permit Bank to determine N Public Sector Entity's use of the J.P, Morgan Logo meets quality standards and specifications and directions supplied or approved by Bank. Ownership of the J.P. Morgan Logo and the goodwill relating thereto shall remain vested in Bank both during the Voi. period of these Service Terms and thereafter. Any use of the J.P. Morgan Logo by Public Sector Entity shall inure to the benefit of Bank. Public Sector Entity grants Bank a non - exclusive limited license to use Public Sector Entity's name, trademarks, service marks, symbols, logos, domain names and trade names, as applicable, for use in connection with the provision of Services. 7. Warranties, Indemnity, Disclaimers and Limitations of Liability. 7.1 Public Sector Entity Warranty and Reimbursement. Public Sector Entity is deemed to provide to Bank the same warranties to Bank that Bank is deemed to make under the NACHA Rules, and as between Bank and Public Sector Entity, the Bank will have no responsibility with respect to matters so warranted. Public Sector Entity shall not be deemed to warrant, however: (1) the power of Bank under applicable law to comply with the requirements of the NACHA Rules; or (ii) the conformity of debit entries transmitted by Bank to the file specifications contained in the NACHA Rules. Public Sector Entity further represents, warrants and covenants that (a) Public Sector Entity shell comply with the Rules and Regulations applicable to Public Sector Entity; (b) Pubic Sector Entity has the authority to enter into these Service Terms and perform its obligations hereunder; and (c) Public Sector Entity will not use or include the full Social Security number of any Payor as a customer identifier or for any other purpose related to the Services. In the event that Bank incurs any damage, liability, fee, fine, assessment or penalty ("Loss") as a result of (1) breach by Public Sector Entity of any warranty relating to the NACHA Rules, or (2) Public Sector Entry's breach or violation of the Payment Brand Rules or Security Standards; then Public Sector Entity shall reimburse Bank upon demand for all such Losses. Should Public Sector Entity receive notice of any claim regarding the Services, Public Sector Entity shall promptly provide Bank with a written notice of such claim. 7.2 Bank Warranty. Bank warrants that (i) Bank has the authority to enter into these Service Terms and perform its obligations hereunder, (ii) Bank shall conv1y with the Rules and Regulations applicable to Bank as provider of the Services; and (iii) the Services will substantially conform to the specifications set forth in the SLA or any SOW, as applicable. 7.3 DISCLAIMER. EXCEPT AS SET FORTH ABOVE IN SECTION 7.2, BANK MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO ANY OF THE TECHNOLOGY OR SERVICES AND/OR ACCESS TO OR USE OF THE SERVICES OR TECHNOLOGY PROVIDED TO PUBLIC SECTOR ENTITY HEREUNDER BANK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BANK ALSO DOES NOT GUARANTEE THAT PUBLIC SECTOR ENTITY'S ACCESS TO THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR SECURE. BANK DOES NOT WARRANT THE ACCURACY, RELIABILITY. COMPLETENESS OR TIMELINESS OF THE CONTENT OF INTERNET WESSITES OR OTHER DATA RECEIVED BY PUBLIC SECTOR ENTITY OR PAYORS VIA THE INTERNET. 7,4 Limitation of Liability. Bank's liability for any loss or damage arising out of or related to these Service Terms (whether arising out of third party claims, breach of warranty, or otherwise), regardless of the form of action, shall be limited to direct damages resulting from Bank's gross negligence or willful misconduct in providing the Services. Bank shall be entitled to rely on the content. accuracy and completeness of all information and data supplied to Bank by Public Sector Entity. Public; Sector entity shall be solely liable for the security and integrity of all information and data supplied or transmitted to Bank including during transmission to Bank. 7.5 Consequential Damages. Except for liability of the parties arising under the NACHA Rules, neither party shall be liable for any special, incidental. Indirect, punitive, exemplary or consequential damages whatsoever (including, but not limited to, damages for loss of revenues or profits, for business Interruption, or for loss of privacy) arising out of or in any way related to these Service Terms or the use of or inability to use the Services, regardless of the forth of action and even if advised of the possibility of such damages. Any fines, fees, penalties or assessments imposed by the Payment Brands related to the provision of Services shall not be deemed to be consequential damages. 8. Term and Temtination. 8.1 Term. These Service Terms will be effective commencing on the Service Start Date, and continuing for three (3) years (the 'Initial Term'). Following the Initial Tern, these Service Terms will automatically renew for successive one -year terms (each, a 'Renewal Tenn') unless (a) terminated earlier as set forth below, or (b) either party notifies the other of its desire to terminate the Service Terms at least sixty, (60) days prior to the expiration of the Initial Tern or the then current Renewal Tenn. 8.2 Termination. These Service Terms may be terminated as follows: (a) If Public Sector Entity fails to make any payment due, B applicable, hereunder, and fails to cure such breach within thirty (30) days after receiving written notice from Bank, then Bank may immediately and without further notice, terminate these Service Terms. (b) Except as set forth in subsection 8.2(s) above, if either party materially breaches any term or condition of these Service Terms and fails to cure such breach within sixty (60) days after recelving written notice of the breach, the non - breaching party may terminate on written notice at any time following the end of such sixty (60) day period. (c) Either party may terminate these Service Terms upon written notice to the non - terminating party in the event of the non - terminating party's inability to meet its debts as they come due receivership or voluntary or involuntary bankruptcy or the institution of any proceeding thereof, or any assignment for the benefit of the non - terminating party's creditors, or a determination by the terminating parry, in its reasonable discretion, that the frnandai condition of the non - terminating party has become materially impaired. (d) Bank may terminate these Service Terms upon not less than one hundred twenty (120) days prior written notice to Public Sector Entity H Bank ceases to provide the Service to its customers generally. (e) Bank may terminate these Service Terms in the event Bank makes a good faith determination that Public Sector Endtys use of the Service or any portion is In violation of Rules and Regulations, In which case Bank shall terminate these Service Terms immediately, but shall use reasonable diligence to give as much advance notice as feasible, and where commercially feasible under the circumstances, shall give Public Sector Entity a reasonable opportunity to cure prior to any such termination. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Terms --Brazos County -Pay- Connexion- Sarvice -Tem,is Page 4 of 20 8.3 Effect of Termination. Upon termination or expiration of these Service Terns, all rights to the Services and Technology, including, but not limited to use and access, will automatically terminate. Public Sector Entity will discontinue its use of the Services and Technology, and upon request from Bank, will return to Bank any and all Services, equipment. software, documentation, Technology or other deliverables provided to Public Sector Entity by Bank, including any copies thereof held by Public Sector Entity. The provisions of sections 7 and 9 shall survive termination of these Service Terns. 9. Confidentiality. 9.1 Bank Information. Public Sector Entity acknowledges that the Technology and Services contain valuable trade secrets and other nonpublic or proprietary information which is the sole property of the Bank or its licensors CSank Confidential Information', and Public Sector Entity agrees to hold same in confidence and disclose only to these employees or agents whose duties reasonably require access to same. Public Sector Entity will use the same care and discretion to avoid unauthorized use, disclosure, publication, access or dissemination of Bank Confidential Information received from Bank or through the Service as Public Sector Entity uses with its own similar information (but in no event less than a reasonable deigree of pre). 9.2 Public Sector Entity Information. The Bank acknowledges that Public Sector Entity's systems may contain valuable trade secrets and other nonpublic or proprietary information including information regarding its Payor customers, which are the sole property of Public Sector Entity, and that Bank may maintain, process or otherwise be permitted access to other Payor information through the Service which is of a nonpublic, personal nature (collectively referred to herein as "Public Sector Entity Confidential Information's and the Bank agrees to hold same in confidence. The Bank will use the some pre and discretion to avoid unauthorized use, disclosure, publication, access or dissemination of Public Sector Entity Confidential Information received from Public Sector Entity or through the Service as Bank uses with its own similar information (but in no event less than a reasonable degree of pre). Bank will use Public Sector Entity Confidential Information only to perform its obligations under these Service Terms. Notwithstanding the foregoing, the Bank may disclose such Public Sector Entity Confidential Information to affiliates, agents and other third parties, including counsel and regulators, and their employees, as reasonably required for Bank to provide the Services or as otherwise required by applicable law or regulation. 9.3 Exceptions. The obligations of this Section 9 shall not apply to any Bank Confidential Information or Public Sector Enfity Confidential Information (collectively, "Confidential Infornationj that: (a) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party (the 'Receiver'), generally known or available; (b) is known by the Receiver at the time of receiving such Confidential Information, as evidenced by the Receiver's records; (c) is hereafter furnished to the Receiver by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed by the Receiver without reference to or use of the disclosing party's Confidential hilomtation; or (e) is required to be disclosed by law or in connection with a legal or administrative proceeding, provided that the party to whom the Confidential Information belongs is given prompt prior written notice of such proposed disclosure, provided such notice is not otherwise prohibited, and provided further, that Bank may disclose Confidential Information to any bank regulatory authority having jurisdiction over Bank without notice. 9.4 Data in Aggregate Form. The restrictions on use in this Section 9 shall not apply to information or data in aggregated and/or anonymized form, and shall not prohibit the use by Bank of any statistical, aggregate information that is not Identified with Public Sector Entity or any Payor for creation of statistical marketing studies for research, product development and promotion, or strategic planning. Further, notwithstanding anything in this Section 9, should Bank have any agreement with a Payor who is also a Bank customer that applies to the use of such Payor's Information, the terms of such agreement shall not be affected by the terns of these Service Terms and shall remain in full force and effect. 10 Miscellaneous Provisions. ICA Restricted Rights. Technology or Services acquired with United States Federal Government funds or intended for use within or for any United States federal agency are provided with "Restricted Rights" as defined in DFARS 252.227- 7013(c)(1)(ii) or FAR 52.227 -19. 10.2 Relationship of Parties. The parties are independent contractors.. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other, and neither party shall have any right, power or authority to create any obligation or responsibility on behalf of the other except as specified herein. 101 Entire Agreement; Amendments. These Service Terms, including the Account Documentation, the Exhibits hereto and all materials and documents referred to herein, sets forth all of the promises, agreements, conditions and understandings between the parties respecting the subject matter hereof and supersedes all negotiations, conversations, discussions, correspondence, memoranda and agreements between the parties concerning the subject matter hereof. In the event of conflict between the Account Documentation and these Service Terms, these Service Terms shall control. Except as otherwise provided, these Service Terms may not be modified except by in writing signed by authorized representatives of both parties. 104 Third Party Beneficiaries. The parties intend that these Service Terms shall not benefit or create any right or Cause of action In or on behalf of any person or entity other than the parties. 10.5 Notices. All notices required or permitted to be given hereunder shall be addressed as set forth below or as otherwise agreed in writing by the parties from time to time. 10.6 Severability. If any provision in this Agreement is held to be Inoperative, unenforceable, or invalid, such provision shall be inoperative, unenforceable, or invalid without affecting the remaining provisions, and to this end the provisions of this Agreement are declared to be severable. Failure of either party to exercise any of its rights in a particular instance shall not be Construed as a waiver of those rights or any other rights for any purpose. 10.7 Force Majeure. Bank shall not be held responsible for any act, failure, event or circumstance addressed herein if such act, failure, event or circumstance is caused by Conditions beyond its reasonable control. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Terms - 8napesGeanty- PayEonnexiarfSew+s�Tarms Page 5 of 20 Q'c/ 10.8 Governing Law THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES, AND /OR THE INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ANY CONFLICTS OF LAW PRINCIPLES, BUT GIVING EFFECT TO FEDERAL LAWS APPLICABLE TO NATIONAL BANKS. CLIENT HEREBY WAIVES ANY RIGHT TO PERSONAL SERVICE OF ANY PROCESS IN CONNECTION WITH ANY ACTION, AND HEREBY AGREES THAT SERVICE MAY BE MADE BY REGISTERED OR CERTIFIED MAIL. THE PAR7IES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY. 10.9 Waiver of Immunity. To the extent possible under state law, the Public Sector Entity irrevocably waives end agrees not to claim any immunity It may acquire (Including sovereign or similar Immunity) from jurisdiction of any court, suit, or legal process (whether from service of notice, injunction, attachment, execution, or enforcement of any judgment or othervdse). Effective as of the — I H-1k day of . 20tq 20S COUNTY By: Name: i U . )A L RR— Name: 0� Name: Ttte' �, —V Lid _i_ Title: Address for _ VV Notices: 300 E. 26th, Suite 313 Bryan. TX 77303 Email: Iwilliamsdbrazoscountybcgov Email: JPMORGAN CHASE BANK, N.A. 300 S. Riverside Plaza, Suite IL! -0199 Chicago Illinois 60606 Attn: Pay Connexion ccl.contracts (Mjpmchase. corn Brazos Count,/ Pay Connexion Service Terms Brazos County Pay Connexion Service Term 4Rraz2s.GOUn"ay- CoaneximSe"ice Terms Page 6 of 20 Vol. / XS✓ pg. �/ Exhibit A I PAY CONNEXIONS" STANDARD SERVICE LEVEL AGREEMENT I. OVERVIEW This Service Level Agreement (SLA) has been created to formalize agreed upon levels of service with respect to the development efforts and Services provided by Bank to Public Sector Entity in accordance with the Pay Connexionsm Service Terms. The service level standards will incorporate measurable criteria in order that performance can be monitored on an ongoing basis. The agreement to these standards affirms the commitment of both organizations to establish and maintain quality service levels. Notwithstanding anything to the contrary herein or in the service terns, the SLA establishes target levels only and failure to achieve any target level will not be deemed to be a failure by Bank to exercise ordinary rare. II. PRODUCT & SERVICE OFFERING A. DEFINITIONS Unless as otherwise defined below, capitalized terms found in this document shall have the meanings defined in the Pay Connexions" Service 7errrs . may on the Services. For the purposes of this document, the Dark Window is sched Wed to occur on Saturdays and Sundays from 01:00 AM to 07:OOAM Eastern Tkne(ET), unless Bank notifies Public Sector Entity of a change to the Dark Window schedule. Scheduled Maintenance on the Services that occurs during the Dark Window or other agreed upon Maintenance period of time. System Outage' The time period when the ability to accept and process payments Is unavailable for use by Public Sector Entity or Payors, other than in a Dark Window. i uptlme I The number of minutes that the application is available to receive and process payments i Change Management The process used to document and implement changes to a production application. Each Prime request will be managed according to defined timeiines and the existing queue of development efforts. Production Support The JPMC functional team that manages issue resolutions in accordance with the service levels stated herein. This team also manages all change requests and operations monitoring. B. PRODUCT AND SERVICE OFFERING The Services to be provided by Bank have been designed and developed to meet Public Sector Entity's payment collection needs for consumer Payors. Public Sector Entity acknowledges the Services offered by Bank will be hosted in a shared services infrastructure. C.ENROLLMENT If required by the configuration of Services chosen, Public Sector Entity agrees to provide to Bank a current and complete electronic file of Public Sector Entity Information in a format mutually acceptable to Bank and Public Sector Entity to facilitate the initial database import of Public Sector Entity Payor Information into the Pay Connexion Transaction System (the "Pre - Registration File'). Public Sector Entity agrees to provide Bank the Pre- Registration File no later than seven (7) Business Days prior to the Pay Connexion Transaction System production launch date. Thereafter, Public Sector Entity agrees to provide Bank a daily file in the same format that contains any associated changes, additions, or deletlons that are relevant to the Pay Connexion Transaction System. Public Sector Entity agrees to provide Bank the Pre - Registration File each night by no later than 9:OOPM Eastern Time (ET) after the initial provision of the Pre - Registration File. D. PERFORMANCE STANDARDS AND EXCEPTIONS (Applicability is dependant on the configuration of the services chosen by Public Sector Entity) Brazos Couniv Pay Connexion Service Terms Brazos County Pay Connexion Service Terms Brazos- Geuray -Pay Goanexion- Service -Terms Page 7 of 20 Technology Minimum Service Level Criteria Service Lovol Description Web Availability / Uptime Goal: Pay Connexion Transaction System web applications will be available to users ninety-nine percent (99 %) of the total minutes available in each month. Availability is calculated excluding any Scheduled Maintenance or scheduled System Outages. In addition, there shall be no more than two (2) System Outages (planned or unplanned) during each twenty -four (24) hour period (measured from midnight to midnight), and the aggregate time of the System Outages during that period shall not exceed two (2) hours. IVR Availability / Uptime Goal: Pay Connexion Transaction System IVR applications will be available to users ninety-nine percent (99 %) of the total minutes available in each month. Availability is calculated excluding any Scheduled Maintenance or scheduled System Outages. In addition, there shall be no more than two (2) System Outages during each twenty-four (24) hour period (measured from midnight to midnight), and the aggregate time of the System Outages during that period shall not exceed two (2) hours. Web and IVR Disaster Recovery Provide an offsite hat backup she. Primary processing capabilities wil( be avallable within 8 hours it primary site is disabled. Web and IVR Backup Recovery Testing The backup recovery systems to be tested annually. Standard Pre - Registration File Processing Billers with the Pre - Registration feature are required to deliver a Preregistration file to the Pay Connexion team by 9pm Eastern time in accordance with their daily delivery schedule. Pay Connexion will process the Pre - registration file upon receipt from the biller or an intermediary. Response files will be delivered to the biller by SAM Eastern time, in accordance with the Billets daily delivery schedule. If the Biller does not deliver a Pre - registration file on time the Pay Connexion team will make best efforts to meet the 9AM delivery Response file but will not guarantee a 9AM delivery time. Standard Next Day Remittance File Processing The Pay Connexion team will deliver a Remittance file to the Biller (either directly or through an intermediary) by an agreed upon time, Monday through Friday, excluding Federal Reserve holidays. Standard Same Day Remittance File Processing The Pay Connexion team will deliver a Remittance file to the Biller (either directly or through an Intermediary) by an agreed upon time. Monday through Friday, excluding Federal Reserve holidays. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Terms - Brazos £sully- Pay6anaexisaSarviee -Terms — Page 8 of 20 III. OUTAGE NOTIFICATION A. PLANNED / SCHEDULED OUTAGES In the event of any planned or scheduled System Outages, it is expected that Bank will contact the appropriate individuals designated by Public Sector Entity at least twenty-four (24) hours prior to the planned System Outage (contact information will be amended from time to time via e- mail). Additionally, in the event of a planned / scheduled System Outage, It is expected that Bank will adhere to the following guidelines: 1. Downtime will be scheduled during standard maintenance windows of Saturday and Sunday 01 :00 AM —07:00 AM Eastern Time (ET), except as necessary and upon notice as provided above. 2. Bank will implement a web page on the payer site notifying that the system is unavailable during the scheduled downtime (Bank will immediately remove this notification page following completion of the scheduled maintenance). 3. Bank will implement a message on the IVR notifying that the system is unavailable during the scheduled downtime. (Bank will immediately remove this message following completion of the scheduled maintenance). B. UNPLANNED I UNSCHEDULED OUTAGES Bank will adhere to the Severity Level requirements for unscheduled System Outages/service interruptions according to the table in this Section 111 B. Unless otherwise specified, all hours referred to in this Section III B are clock hours. Severity Level y Response Time SLA Brazos County Pay Connexion Service Terms Brazos County Pav Connexion Service Termer t3ra3e6 6aunty42ay-Cemnexion- Ser44ce Terms Page 9 of 20 pg. Percent Abandoned Incoming Calls To monitor the number of calls which are abandoned after being put in the queue. The calls will be measured beginning when they are put in the queue to the point when the caller hangs up. MAP goal for the percentage of calls queued to live agents that do not get answered shall be that such calls do not exceed 6% of the total number of calls received. Calls Answered in 30 Seconds or Less By Operator To monitor the speed with which calls are answered in aggregate. The calls will be measured beginning when they enter the agent queue to the point when the call is answered. This information is received from the telephone switch, and will be measured at the ACD level. MAP goal for calls answered in 30 seconds or less shall be that at least 70% of all incoming calls queued to live agents be answered in 30 seconds or less. Cad Center Disaster Recovery Provide an offsite hot backup site. Primary call center functions will be available within 16 hours 9 primary site is disabled. Call Center Backup Recovery Testing The backup recovery systems to be tested at least annually. III. OUTAGE NOTIFICATION A. PLANNED / SCHEDULED OUTAGES In the event of any planned or scheduled System Outages, it is expected that Bank will contact the appropriate individuals designated by Public Sector Entity at least twenty-four (24) hours prior to the planned System Outage (contact information will be amended from time to time via e- mail). Additionally, in the event of a planned / scheduled System Outage, It is expected that Bank will adhere to the following guidelines: 1. Downtime will be scheduled during standard maintenance windows of Saturday and Sunday 01 :00 AM —07:00 AM Eastern Time (ET), except as necessary and upon notice as provided above. 2. Bank will implement a web page on the payer site notifying that the system is unavailable during the scheduled downtime (Bank will immediately remove this notification page following completion of the scheduled maintenance). 3. Bank will implement a message on the IVR notifying that the system is unavailable during the scheduled downtime. (Bank will immediately remove this message following completion of the scheduled maintenance). B. UNPLANNED I UNSCHEDULED OUTAGES Bank will adhere to the Severity Level requirements for unscheduled System Outages/service interruptions according to the table in this Section 111 B. Unless otherwise specified, all hours referred to in this Section III B are clock hours. Severity Level y Response Time SLA Brazos County Pay Connexion Service Terms Brazos County Pav Connexion Service Termer t3ra3e6 6aunty42ay-Cemnexion- Ser44ce Terms Page 9 of 20 pg. Severity Cievel Definition Initial, Contact wl Clients I Teims Reso4ition Goal Primary Definition: Internal Functional 15 min to Client contacts and/or ASAP - no later than • Severity 2 (High) Degeneration in, or complete failure of, business- Internet Functional Team designate end of 2ntl Business critical secondary functionality (RTPC, all file processing, password (TBO); hourly updates until resolved Day reset, download a Remittance File, or the ability to initiate a all) for a single Biller or group of Billers • Used when the problem is severely affecting a group of users. A major portion of a system or process Is not functional, but can be bypassed, or it is a functional failure with no workaround. Primary Definition: Monthly issues log As prioritized in • Severity 7 (Medium) Degeneration in product functionality of non- release by Product critical tertiary functionality (confirmation emails. standard reporting, Management etc) for a single Biller or a group of Billem • This is the most common severity level. A system or process is mostly functional but not performing as expected. An error can be ignored, or a workaround can be used. Primary Definition: Monthly issues log As prioritized in • Severity 4 (Low) System or critical process is functional, but a release by Product problem exists related to ease of use (slow app response time or Management. screen flows), interface or Standard Report content, or a problem exists for a single payer or group of Payers (can't reset passwords, can't log in). • A single Payer is impacted. A system or process is currently fully functional but a problem exists, or the problem relates to information, process change(s), minor enhancement(s), or request(s) for future functionality. IV, GENERAL SUPPORT EXPECTATIONS A.SUPPORT Tier I Support Telephone -based support whereby Public Sector Entity's Payers access a Public Sector Entity support representative for assistance on Payor- related issues specific to the Services during regularly scheduled Payor service hours. Tier 11 Support Telephone -based support whereby Public Sector Entity's support representative can call a Bank support representative for assistance on Payor - related issues specific to the Services. Tier III Support Telephone -based customer support whereby Bank support representatives escalate Service problems to internal technical resources for issue resolution. Bank will only provide Tier I support in cases where Public Sector Entity requests assistance as part of the IVR channel service (roll- out operator support). Tier II customer service representatives resolve those calls for which Ter I staff require assistance. Tier If requests may require additional internal /external investigation to be performed by dedicated staff. Tier III support representatives will be responsible for analysis and resolution of technical or other system - related problems. Tier III support will be staffed and supported by Bank technical or knowledge subject matter experts. Public Sector Entity will be able to contact the following loll -tree number for Tier II support, technical issues, or to report system interruptions: 886 - 282.1981. B. PRODUCTION EXPECTATIONS When Public Sector Entity's Pay Connexion system is in production. Bank will be responsible for the following in addition to the service levels identified herein: . Housing the system in a secure environment and adherence to regulatory and audit requirements of this kind of payment system. Security is defined as utilizing proper encryption and access control standards. • If using Bank Call Center, authentication of users as they enter the system pursuant to Bank policies and procedures. • Archival of pre- registration file for 2 weeks star acceptance for possible retrieval, • Initiation of the RTPC and API transaction in the appropriate format in a timely manner. (Optional Service) • Processing payments through the appropriate payment channels as configured during set up. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Terns-Braz Caunty-Pay-CoenexianSemice -Terms Page 10 cf 20 /;ZS p.' • Making data available for reporting queries inifiated through the Pay Connexion Administrative system for two years standard • Send smalls as indicated in the Functional Specification to either internal resources or to the Payer directly based on events in the payment process. • Pre - Registration File Processing as described in the SLA herein • Next Day Remittance Processing as described in the SLA herein • Same -Day Processing Remittance Processing as described in the SLA herein When Public Sector Entity's Pay Connexion system is in production, Public Sector Entity will be responsible for the following. • Providing daily updates to the Pre - Registration file (if selected) for retrieval by Bank by 9:0013M ET. • Retrieve the remittance file delivered each Business Day by Bank • Ensure that all data required in the session transfer, as pan of the Pre - Registration file or API, is made available as appropriate for processing payments. If a data element is missing or is sent in plan text when it is expected to be encrypted the session will error fm the Payer. • Notify JPMC in advance of infrastructure changes that may impact session transfer, email confirmations. FTP transmissions, and successful RTPC receipt. V. PROGRESSIVE CONTRACT ADMINISTRATION It is Bank's intent to work in partnership with Public Sector Entity to resolve all quality issues. Public Sector Entity will be given a written notification of breach of a service level. Bank will not be deemed to be in material breach (including without limitation a missed cut -off time or delivery schedule) of this SLA if equipment owned by or the responsibility of Public Sector Entity, its affiliates, or any of Public Sector Entity's third party vendors, or the actions or inaction of Public Sector Entity, its affiliates. or any of Public Sector Entity's third party vendors, is determined to be the cause of such breach: or if such breach is the result of circumstances beyond the reasonable control of Bank. provided Bank has exercised such diligence as the circumstances require. VI. CHANGE MANAGEMENT A. PRODUCTION CHANGES Any changes to a production application requested by Public Sector Entity will follow the Change Management process as part of the Production Support function offered by JPMC. Requests for standard features available in the application will be delivered without additional charge for the first 60 days following the launch of an application. After 60 days, Public Sector Entity can request standard features that do not exceed 40 hours of development/testing in each calendar year. All development beyond 40 hours will be charged at the then current hourly rate. All requests for non - standard changes to a production application will be charged at the then current hourly rate. B. CHANGES DURING IMPLEMENTATION While the application is in implementation, the client ran change any standard feature covered in the original agreement. Any non - standard changes will be charged at the then current hourly rate. VII. REVIEWS AND MEETINGS AD HOC REVIEWS The Parties agree to participate in periodic project and production meetings using any mutually acceptable means of communication. The Parties agree to provide at least seven (7) Business Days notice when requesting an Ad Hoc review. These reviews will include the following elements: • Review the Issues Log, service levels, cost savings opportunitles, industry best practices, and short and long -tern milestones. • Facilitate a frank discussion of key mutual objectives and assess the Parties' progress towards those objectives. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Terms- &aaos£suMy- Rayfonnexion Service -Terms Page i t of 20 Vol. / Pg.__ ___ Exhibit BI FEE SCHEDULE Convenience Fees (Paid to Bank by Payor at No Cost to Public Sector Entity) Card /Payer Not Present Payments Notes • Credit and Debit Card Payments - Convenience Fee Funded - 2.40% of Payment Amount (Visa, MasterCard, Discover) • ACHIe -check Payments -Convenience Fee Funded - S11.00 per Payment Transaction DtAMP,I.E••Y,p;`��� , �, vs; �kh''*���in�'.��edlNDsbltCaid�' � :achedc (£�W�` 51.00 Convenience Fee Price of Payment Amount Per Payment Transaction Cost to Payer payment Amount 81,000.00 $1,000.00 Effective Convenience Fee 52a.00 51.00 TOTAL 51,024.00 51,001.00 Cost to County $0.00 50.00 Bank must comply with Card Association/Network rules and guidelines. Bank will work with the Public Sector Entity to develop and maintain a convenience fee program in accordance with the Associations /Networks, • Convenience fees are funded by the Payor and collected directly and automatically by Bank. Although interchange expenses for the processing and settlement of crediVdebit card transactions will be charged to Bank by the merchant processor, Chase Paymentech Solutions, LLC. The necessary merchant account(s) for processing of the principal payments must be established. Public Sector Entity will not bear interchange expenses for these transactions. • The above convenience fee pricing is based on the understanding that Bank will be the exclusive provider of e- payment services. • This fee schedule may need to be revised if Public Sector Entity chooses to expand its use of Pay Connexion beyond the scope of the listed applications, or if doing so Is required by Card Associations or NACHA. • Bank reserves the right to modify pricing upon written notice in the event Public Sector Entity or Bank become aware of any changes in applicable rules, laws, regulations or case law that would have a negative impact on the manner in which fees are charged hereunder. If either party becomes aware of same, it shall promptly notity the other in writing. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Tern58razosSourrly- PaY-ConnexiowSerwceler+ns Page 12 of 20 _ Vol. Onaite Card Payments (Point -of -Sale) with Convenience Fees (Paid by Payor at No Cost to Public Sector Entity) Point -of -Sale (POS) Payments • Credit Card and Signature Debit Card Payments — 0 2.65% of Payment Amount o minimum of $3.00 per payment • PIN Debit Card Payments ( "online" debit card payments through Star, NYCE, Pulse, etc.) - o 1.95% of Payment Amount c minimum of $3.00 per payment • POS equipment - $500.00 per machine (Verifone Vx570 Terminal and Verifone 1000SE Pin Pad Devices) Notes • Convenience fees are funded by the Payor and collected directly and automatically. Interchange expenses for the processing and settlement of credit/debit card transactions will not be charged to Public Sector Entity by the merchant processor, Chase Paymentech Solutions, LLC, and Public Sector Entity must have /establish the necessary merchant account(s) for processing of the principal payments. Public Sector Entity will not bear interchange expenses for these transactions. • An agreed upon number (1 per department1office) of Verifone Vx570 Terminal and Verifone 1000SE Pin Pad devices will be provided to Public Sector Entity's office at no cost as part of the convenience fee processing proposed. When the agreement is cancelled and/or terminals are not processing payments, the terminals and all equipment provided, will be returned with reasonable wear and tear. Public Sector Entity will need to purchase and provide the necessary consumabtes for the Terminal devices, such as network connectivity and receipt paper rolls. • The POS receipts will indicate the convenience fee is being charged by a third party facilitator. Brazos County Pay Connexion Service Tens Brazos County Pay Connexion Service Terms- Brazea-GouMy- Pay -Con *X4W6efV"44erms Page 13 of 20 Vol - %5— Pg•—�M— EXHIBIT C I JPMORGAN PAY CONNEXIONIPOINT OF SALE PUBLIC SECTOR MERCHANT CARD PROCESSING INSTRUCTIONS, TERMS AND CONDITIONS These JPMorgan Pay Connexion / Point of Sale Public Sector Merchant Card Processing Instructions, Terms and Conditions (the 'Agreement') are acknowledged and agreed to on this day of _ _, 20_ by the Parties. WHEREAS, Brazos County rMerchant" also referred to as "Customer' or 'Public Sector Entity" in the Pay Connexion Service Terms, defined below) wishes to accept Cards from Payore as a method of payment for goods or services offered by Merchant: WHEREAS, JPMorgan Chase Bank, N.A. is a registered third party service provider with the Payment Brands ("Service Provider') and is also a member bank of the Payment Brands rMember); WHEREAS, Merchant has entered into the "Pay Connexion Service Terms ", attached hereto and incorporated herein by reference, with Service Provider for the provision of Pay Connexion services(capitalized terms used and not otherwise defined in this Agreement shall have their meaning in the Pay Connexion Service Terms); WHEREAS, pursuant to the Pay Connexion Service Terns, (a) Service Provider will capture Transaction Data from the Payor on behalf of Merchant and submit such Transaction Data to Paymentech for processing ("PCX Transactions'); (b) Merchant will capture Transaction Data from the Payor through a merchant staffed customer service representative Call center ( "CSR Transactions "); (c) Merchant will Capture Transaction Data from the Payor through Merchant's website and convey such Transaction Data to Pay Connexion through an application programming interface ( "API Transactions'); and/or (d) Merchant will capture Transaction Data from the Payor and convey such Transaction Data to Pay Connexion through Service Provider's administrator site ("Adman Transactions'); WHEREAS, it applicable, Merchant may also accept Cards from Payors at the point of sale using terminal hardware located at Merchant's place of business (the "POS Transactions "). which will be submitted directly to Paymentech from Merchant: WHEREAS, Paymentech desires to process the PCX Transactions, CSR Transactions, API Transactions, Admin Transactions and POS Transactions submitted to Paymentech (by Merchant or Service Provider, as applicable); and WHEREAS, Paymentech is authorized, as a merchant acquirer, to acquire and process Merchant's Transactions. ACCORDINGLY, in consideration of the mutual promises made and the mutual benefits to be derived from this Agreement, Paymentech, Member, Service Provider and Merchant (the 'Parties") agree to the following terns and conditions intending to be legally bound. 1. Merchant's Acceptance of Cards. 1.1 Scope; Use of a Service Provider. The terms and conditions contained herein pertain to all of Merchant's Transactions submitted to Paymentech through Service Providers Pay Connexion, or where applicable, directly by Merchant. While the Merchant obligations set forth in this Agreement are ultimately the responsibility of Merchant, the Parties acknowledge and agree that Merchant has contracted with Service Provider under the terms of the Pay Connexion Service Terms for the performance of some of those obligations. 1.2 Application of Payment Brand Rules. The Payment Brands require that Merchant (i) enter into a direct contractual relationship with a Member and merchant acquirer: and (u) agree to comply with Payment Brand Rules as they pertain to Merchant's Transactions. Therefore, Merchant hereby agrees to comply with all Payment Brand Rules, including the Security Standards, as may be applicable to Merchant and in effect from time to time. 1.3 Payment Acceptance Practices and Prohibitions. (a) Merchant shall not require the Payor to pay any fees that would otherwise be paid by Merchant for the processing of Transactions. (b) Merchant shall never issue Refunds for Transactions by cash or a cash equivalent (e.g., check) unless required by law of permitted by the Payment Brand Rules. (c) Unless permitted by the Payment Brand Rules, Merchant shall not engage in any practice that unfavorably discriminates against or provides unequal treatment of any Payment Brand relative to any other Payment Brand. (d) Except where expressly permitted by law. Merchant shall not set a dollar amount above or below which Merchant refuses to honor otherwise valid Cards in violation of Payment Brand Rules. (a) Merchant agrees to accept all Categories of Visa and MasterCard Cards (i.e., debit and credit cards), unless Merchant has notified Service Provider and Paymentech, on its Application or otherwise in writing. of its election to swept one of the following "limited acceptance' options: (i) all Visa and MasterCard consumer credit Cards and Visa and MasterCard commercial credit and debit cards; or (ii) Visa and MasterCard debit cards only (but no credit Cards). Notwithstanding the election of one of the foregoing limited acceptance options, Merchant must honor all foreign bank- issued Visa or MasterCard Cards. If Merchant elects one of the limited acceptance categories: (Y) Merchant must display appropriate sgnage to indicate the limited acceptance category; and (Z) Paymentech, at Its option, may process any Transactions submitted to Paymentech outside of the limited acceptance category, in which case such Transactions will be assessed the applicable interchange fees plus any additional fees /surcharges assessed by Paymentech or the Payment Brands. (f) Merchant shall not add any tax or surcharge to Transactions, unless applicable law expressly requires a Merchant be permitted to impose the tax or surcharge- if any tax or surcharge amount is allowed, such amount shall be included in the Transaction amount and shall not be collected separately. (g) Merchant shall not request or use a Card account number for any purpose except as payment for its goads or services, unless required by the Payment Brand Rules in order to support specific services offered by the Payment Brands. (h) For recurring Transactions, Merchant must (1) obtain the Payors consent to periodically charge the Payor on a recurring basis for the goods or services purchased; (ii) retain this permission for the duration of the recurring services and provide it upon request to (as applicable) Service Provider, Member, Paymentech or the issuing bank of the Payors Card; and (iii) retain written or electronic documentation specifying the frequency of the recurring charge and the duration of time during which such charges may be made. A retuning transaction shall not be submitted after: (Y) receipt of a cancellation notice from the Payor: or (Z) receipt of notice from Member, Service Provider, Paymentech or any Payment Brand (via authorization code or otherwise) that the Card is not to be honored. (i) Merchant represents and warrants, to the best of its knowledge, that the Transaction Data represents an obligation of the Payor for the amount of the Transaction. 0) Merchant represents and warrants, to the best of its knowledge, that the Transaction is not for any purpose other than payment for the wrent Transaction. The Transaction does not represent the collection of a dishonored check or the collection or refinancing of an existing Brazes County Pay Connexion POS Public Sector Marche 1 Terms and Conditions . Page 14 of 20 1 v01. t 9j P0. I debt. The Transaction does not represent payment for a previous Transaction or charge incurred at the Merchant or a Transaction that was previously charged back by the Payor, irrespective of Payor consent or approval. (k) Merchant represents and warrants, to the best of its knowledge, that the amount charged for the Transaction is not subject to any dispute, setoff, or counterclaim. (I) Merchant represents and warrants, to the best of its knowledge, that Merchant has not disbursed or advanced any cash to the Payor (except as authorized by the Payment Brand Rules) or itself or to any of its representatives, agents, or employees in connection with the Transaction, nor has Merchant accepted payment for effecting credits to a Payor. (m) Where Merchant is accepting POS Transactions, Merchant shall examine each card physically presented at the point of sale to determine that the Card presented is valid and has not expired. Merchant shall exercise reasonable diligence to determine that the authorized signature on any Card physically presented at the point of sale corresponds to the Payor's signature on the Transaction.Receipl. (n) Where Merchant is accepting POS Transactions. Merchant shall not submit any Transaction that Merchant knows or should have known to be either fraudulent, illegal, damaging to the Payment Brand(s), not authorized by the Payor or otherwise in violation of any provision of this Agreement or the Pay Connexion Service Toms, applicable law, or Payment Brand Rules. 2. Authorizations. Each Card payment accepted by Merchant is required to have an authorization code. Merchant acknowledges that authorization of a Transaction indicates that the Card (a) contains a valid account number, and (b) has an available credit balance sufficient for the amount of the Transaction; but, it does not constitute a representation from Paymentech, a Payment Brand, or a card issuing bank that a particular Transaction is in fact a valid or undisputed Transaction entered into by the actual Payor. Paymentech reserves the right to refuse to process any Transaction Data presented by Merchant unless it includes a proper authorization. 3. Refunds and Adjustments. Merchant is required to maintain a Refund Policy and to disclose such Refund Policy to Payors at the time of the Transaction. It, under Merchant's Refund Policy. Merchant allows a Refund, Transaction Data reflecting any such Refund shall be prepared and delivered to Paymentech within three (3) days of approving the Payor's request for such Refund. If applicable, the amount of a Refund cannot exceed the amount shown as the total on the original Transaction Data except by the exact amount required to reimburse the Payor for shipping charges that the Payor paid to return merchandise, if any. Merchant shall not accept any payment from a Payor as consideration for issuing a Refund. Merchant shall not give cash (or cash equivalent) refunds to a Payor in connection with a Transaction, unless required by law or permitted by the Payment Brand Rules. 4. Settlement. 4.1 Merchant's Settlement Account In order to receive settlement funds for Transactions, Merchant must designate and maintain one or more accounts used primarily for business purposes at JPMorgan Chase Bank, N.A. (collectively referred to as "Settlement Accoi Merchant shall not dose its Settlement Account without giving Paymentech andlor Service Provider at least five (5) days' poor written notice and substituting another Settlement Account. Merchant is solely liable for all fees, costs, and overdrafts associated with the Settlement Account. Merchant authorizes Paymentech to initiate electronic debit and credit entries and adjustments to the Settlement Account at any time without regard to the source of any monies in the Settlement Account, and this authority will remain in full force and effect for the term of the Agreement. Paymentech will not be liable for any delays in receipt of funds or errors In Settlement Account entries caused by third parties. including, without limitation, delays or errors by the Payment Brands or Merchant's bank. 4.2 Conveyed Transactions. To the extent that Merchant accepts a method of payment from Payors for which Paymentech is able to acquire and convey to a third party, but is not able to settle the related funds directly to the merchant's Settlement Account le.g. American Express; Transactions stemming from acceptance of such methods of payment herein referred to as 'Conveyed Transactions'), Merchant must have a valid agreement in effect with the company responsible for the settlement of such Conveyed Transactions (the 'Settlement Entity'). If Service Provider submit Conveyed Transactions to Paymentech on behalf of Merchant and Merchant does not have a valid agreement with the Settlement Entity, Paymentech may, but shall not be obligated to, submit such Conveyed Transactions to the applicable Settlement Entity and to share with them information about Merchant (from the Application or otherwise) as may be required to approve Merchant's acceptance of the Settlement Entity's method of payment. Payment of proceeds due Merchant for Conveyed Transactions shall be governed by the agreement Merchant has with the applicable Settlement Entity, and Paymentech does not bear any responsibility for their performance thereunder, including, without limitation, the funding and settlement of Merchant's Conveyed Transactions. 4.3 Transfer of Transaction Settlement Funds. Subject to Section 4.2, for all Transactions, Paymentech will submit Merchant's Transaction Data to the applicable Payment Brand. Promptly after Paymentech receives funds for Settled Transactions from the Payment Brands, Paymentech, Member or Service Provider will provisionally fund the Settlement Account. The proceeds payable to Merchant shall be equal to the amounts submitted by Service Provider, or in the case of POS Transactions, by Merchant, in connection with the Transaction Data, minus the sum of the following: (a) all Refunds and Chargebacks; (b) all fees and charges (except as otherwise provided in Section 4.3 of the Service Terns), and all fines, assessments, penalties or other liabilities that may be imposed on Paymentech. Member or Service Provider from time to time by the Payment Brands and all related costs and expenses incurred by Paymentech. Member or Service Provider as a result of Merchant's breach of obligation to provide disclosures relating to Convenience Fees at each Public Sector Entity point -of -sale as set forth in the Service Terns, or Merchant's breach or violation of the Payment Brand Rules or Security Standards as described in this Exhibit C, including, without limitation, Section 9; and (c) where Merchant is accepting POS Transactions, all Reserve Account (as defined in Section 4.5) amounts. In the event Paymentech does not deduct such amounts from Merchant's proceeds when such amounts are due and payable, Merchant agrees to pay all such amounts to Paymentech immediately without any deduction or offset. 4.4 Negative Amounts. Merchant shall maintain sufficient funds in the Settlement Account to prevent the occurrence of a negative balance. In the event that the proceeds from the Settled Transactions or the balance of Merchant's Settlement Account are not sufficient to pay amounts due under this Agreement• in addition to any other rights and remedies Paymentech may have under this Agreement, Paymentech may pursue one or more of the following options: (a) Demand and receive immediate payment for such amounts; and it payment is not made within three (3) days of demand, debit the Settlement Account for the negative amount; (b) Withhold all or some of Merchant's Settlement funds and apply them against the negative amount; and (c) Where Merchant is accepting POS Transactions, apply funds held in the Reserve Account against the negative amount. 4.5 Reserve Account. Where Merchant is accepting CSR Transactions, API Transactions, Admin Transactions and /or POS Transactions, if Brazos Counly Pay Connexion POS Public Sector Merchant Terms and Conditions Page 15 of 20 3e (a) Merchant is receiving excessive Chargebacks; (b) Paymentech has reasonable grounds to believe that d may be or may become liable to third parties for the provisional funds extended to Merchant; or (c) Paymentech has reasonable grounds to believe that it may be subject to any additional liabilities arising out of or relating to this Agreement, including without limitation, any fines, fees, or penalties assessed against Paymentech or Service Provider by any of the Payment Brands arising out of or relating to Merchant's Transactions. Chargebacks, or failure to comply with the Payment Brand Rules or the Security Standards; then each such event may subject Paymentech to additional risk (such risk being hereinafter referred to as "Anticipated Risk'). In any such event, Paymentech may temporarily suspend or delay payments to Merchant during Paymentech's investigation of the issue and/or designate an amount of funds that Paymentech must maintain In order to protect itself against Anticipated Risks (such funds being hereinafter referred to as the 'Reserve Account', which may be funded in the same manner as provided in Section 4.4. The Reserve Account will contain sufficient funds to cover Paymentech's estimated exposure based on reasonable criteria for Chargebacks. Refunds, unshipped goods and /or unfulfilled services, and all additional Anticipated Risks- Paymentech may (but is not required to) apply funds in the Reserve Account toward, and set off any funds that would otherwise be payable to Merchant against, the satisfaction of any amounts which are or may become due from Merchant pursuant to this Agreement. Funds in the Reserve Account will be held and controlled by Paymentech, will not bear interest, and may be commingled with other funds. Effective upon Paymentech's establishment of a Reserve Account, Merchant irrevocably grants to Paymentech a security interest in any interest Merchant may now have or later acquire in any and all funds, together with the proceeds thereof, that may at any time be in the Reserve Account and that would otherwise be payable to Merchant pursuant to the terms of this Agreement. Merchant agrees to execute and deliver to Paymentech such instruments and documents that Paymentech may reasonably request to perfect and confirm the security interest in the Reserve Account funds. Upon (1) satisfaction of all Merchant's obligations under this Agreement; and (ii) Merchants execution of documents reasonably requested by Paymentech in connection with the return of any Reserve Account funds, Paymentech will pay to Merchant any funds then remaining in the Reserve Account. 5. Chargebacks and Retrieval Requests. 5.1 Chargeback Reasons. Merchant may receive Chargebacks from time to time. Following are some of the most common reasons for Chargebacks: (a) Merchant fails to issue a Refund to a Payor upon the return or non - delivery of goods or services; (b) A required authorization /approval code was not obtained; (c) The Transaction Data was prepared incorrectly or fraudulently; (d) Paymentech did not receive Merchant's response to a Retrieval Request; (e) The Payor disputes the Transaction or the authenticity of the signature on the Transaction Receipt, or claims that the Transaction Is subject to a set -off, defense, or counterclaim; (f) The Payor refuses to make payment for a Transaction because, in the Payor's opinion, a claim or complaint has not been resolved or has been resolved in an unsatisfactory manner; (g) The Card was not actually presented at the time of the Transaction or Merchant failed to obtain an electronic record or physical imprint of such Card, and the Payor denies making the purchase; or (h) Merchant fails to inform Payor of its Refund Policy, as required by the Payment Brand Rules. 5.2 Response to Chargebacks. If Merchant has reason to dispute or respond to a Chargeback, then such dispute or response must be provided by the date set forth on the applicable Chargeback notice. Paymentech will not investigate or attempt to obtain a reversal or other adjustment to any Chargeback H Merchant has not timely responded to the notice. Merchant acknowledges that under certain Payment Brand Rules, Merchant cannot rebut a Chargeback where the Payor disputes making the purchase and Merchant does not have an electronic record (e.g., 'swiping" or "tapping" a Card) or physical imprint of the Card. Merchant has full liability for all Chargebacks. 5.9 Excessive Chargebacks. If Merchant is receiving an excessive amount of Chargebacks, as determined by the Payment Brands from time to time, In addition to Paymentech's other remedies under this Agreement, Paymentech may take one or more of the following actions: (a) review Merchant's internal procedures relating to acceptance of Cards and notify Merchant of new procedures Merchant should adopt in order to avoid future Chargebacks; (b) notify Merchant or Service Provider of a new rate Paymentech will charge to process Merchant's Chargebacks; or (iii) where Merchant is accepting POS Transactions, establish a Reserve Account. Merchant also agrees to pay any and all penalties, fees, fines, and costs assessed against Merchant, Paymentech, acid /or Service Provider relating to Merchants violation of this Agreement or the Payment Brand Rules with respect to Merchant's acceptance of Cards, its Transactions, or with respect to excessive Chargebacks under this Section. 5.4 Retrieval Requests. Within seven (7) days (or such shover time as the Payment Brand Rules may require) of Merchant receiving a Retrieval Request, Merchant, directly or through Service Provider, must provide to Paymentech via certified or overnight mail or by confirmed fax, (a) written resolution of Merchant's investigation of such Retrieval Request; and (b) legible copies of any supporting documentation requested or required by the Retrieval Request. Merchant acknowledges that failure to fulfill a Retrieval Request timely and in accordance with Payment Brand Rules may result in an irreversible Chargeback. 6. Display of Payment Brand Marks. Merchant is prohibited from using the Payment Brand Marks, as defined below (sometimes referred to herein as "Marks'), other than as expressly permitted by the Payment Brands. Payment Brand Marks mean the brands, emblems, trademarks andlor logos that Identity, a Payment Brand. Merchant may use the Payment Brand Marks only to promote the services covered by the Marks by using them on decals, Indoor and outdoor signs, advertising materials, and marketing materlals; provided, that all such uses by Merchant must be consistent with Payment Brand Rules. Merchant shall not use the Payment Brand Marks in any way that Payors could believe that the goods or services offered by Merchant are sponsored, endorsed, or guaranteed by the owners of the Payment Brand Marks. Merchant recognizes that it has no ownership rights in the Payment Brand Marks. Merchant shall not assign the rights to use the Payment Brand Marks to any third party. Merchant's right to use the Payment Brand Marks hereunder terminates with the temsnation of this Agreement. 7. Fees; Convenience Fees. 7.1 Fees. Unless the Pay Connexion Service Terms specifically state otherwise, Merchant is directly responsible for paying the processing fees set forth an Schedule A to Paymentech for all Transactions processed hereunder. Specifically, this Section 7.1 and Schedule A shall not apply if the Pay Connexion Service Terms state that Service Provider is responsible for paying Merchant Processor processing fees and other similar fees and charges. Merchant acknowledges that the fees stated in Schedule A are based upon the assumption that Merchant's Brazos County Pay Connexion POS Public Sector Merchant Terms,and Conditions Page 16 of 2U IP9. Vol. %� —_ Transactions will qualify for certain interchange rates, as determined in each case by the applicable Payment Brand. If any of Merchant's Transactions fail to qualify for such interchange rates, Paymentech shall process each such Transaction at the applicable interchange rate determined by the applicable Payment brand. Fees payable under this Agreement that contain a fraction of a cent will be rounded up to the next full cent. Furthermore, the fees set forth on Schedule A may be adjusted to reflect increases by Payment Brands in interchange, assessments or other Payment Brand fees or additional fees imposed by the Payment Brands. Merchant shall pay all such fees, as so adjusted. Each such adjustment shall become effective upon the date the corresponding increase or additional fee is implemented by the Payment Brand. 7.2 Convenience Fees. To the extent Merchant or Service Provider charges and collects a Convenience Fee from Payer at the time of the Transaction, Paymentech shall process and fund the Convenience Fee, as well as the Transaction Data (a/k/a Sales Data), in accordance with this Agreement and Section 4.3 of the Pay Connexion Service Terms, as applicable. 3. Termination. This Agreement shall terminate simultaneously with the Pay Connexion Service Terms. The provisions governing processing and settlement of Transactions, all related Refunds, and the resolution of any related Chargebacks, disputes, or other issues involving Transactions, will continue to apply even after termination of this Agreement, with respect to all Transactions made prior to such termination or after such termination, as described below. After termination of this Agreement for any reason whatsoever, Merchant shall continue to bear total responsibility for all Chargebacks and Refunds resulting from Transactions processed pursuant to this Agreement. 9. Transaction Data, Card Information and Payer Information. 9.1 Protecting Payer Information. By accepting Cards from its Payers, Merchant acknowledges and understands the importance of protecting Card information and Payer Information and complying with the Payment Brand Rules, Security Standards, and applicable law. Merchant financial information, Transaction Data, and other information that Merchant provides to Paymentech or Service Provider may be shared among Paymentech, Service Provider and their affiliates and with the Payment Brands subject to the provisions of this Agreement and Payment Brand Rules. Merchant agrees to comply with all Security Standards, as defined in the Service Terms. By signing below, the Parties acknowledge and agree that where Merchant is not accepting API Transactions, CSR Transactions, Admin Transactions and/or POS Transactions Merchant has contracted with Service Provider for the collection of Card information and Payer Information directly from Payers through Pay Connexion, as well as the subsequent storage and protection of Card information and Payer Information collected by Service Provider through Pay Connexion while it is in Service Providers possession. Furthermore, where Merchant is not accepting API Transactions, CSR Transactions, Admin Transactions and/or POS Transactions, Merchant represents and warrants that it does not have access to Card information (such as the Payer's Card account number, expiration date, security code, PIN data or any track data available through the Card's magnetic strip), and Merchant shall not request access to Card information from Service Provider or Paymentech. At any time during the term of this Agreement, and specifically Including but not limited to where Merchant is accepting API Transactions CSR Transactions, Admin Transactions and /or PC$ Transactions, R Merchant, its employees, agents or affdates, gain access to Transaction Data or Card information, Merchant shall, (a) not use Transaction Data or Card information other than for the sole purpose of completing the Transaction authorized by the Payer for which the information was provided to Merchant, or as specifically allowed by Payment Brand Rules, or required by law; (b) not use Transaction Data or Card information for fraudulent purposes; (c) immediately notify Paymentech and Service Provider; and (e) execute all such instruments and documents that Paymentech and Service Provider may reasonably request in order to ensure Merchant's compliance with Security Standards and all associated financial obligations therewith. Similarly, R at any time during the term at this Agreement Paymentech or Service Provider become aware of Merchant's, its employees', agents' or affiliates access to Transaction Data or Card information, Merchant shall execute all such instruments and documents that Paymentech, Member and Service Provider may reasonably request in order to ensure Merchant's compliance with Security Standards and all associated financial obligations therewith. If at any time Merchant believes that Transaction Data, Card Information, Payer Information has been compromised. Merchant must notify Service Provider and Paymentech immediately and assist in providing notification to the proper parties. Merchant acknowledges that its failure to comply with the Payment Brand Rules, including the Security Standards, or the compromise of any Transaction Data, Card information or Payer Information, may result in assessmerts, fines and/or penalties by the Payment Brands. In the event Paymentech, Member or Service Provider incurs any damage, liability, fee, fine, assessment or penalty ('Loss') as a result of Merchant's breach or violation of the Payment Brand Rules or Security Standards, or breach of Merchant's obligation to provide disclosures relating to Convenience Fees at each Public Sector Entity paint -of -sale as set forth in the Service Terns, Merchant shall reimburse Paymentech, Member and Service Provider, as applicable, Immediately for all such Losses. Furthermore, if any Payment Brand requires a forensic examination of Merchant or any of Merchant's agents, business partners, contractors, or subcontractors due to a Data Compromise Event, Merchant agrees to cooperate with such forensic examination until R is completed, including, without limitation, the engagement of an examiner acceptable to the relevant Payment Brand. Notwithstanding the foregoing, the Payment Brands may directly, or demand that Paymentech, engage an examiner on behalf of the Merchant in order to expedite the investigation of the Data Compromise Event By executing this Agreement, Merchant represents that, in the event of its failure, including bankruptcy, insolvency, or other suspension of business operations, Merchant shall not sell, transfer, or disclose to third parties any materials that contain Transaction Data, Card irifornation or Payer Information. Upon request, Merchant must return such information to Paymentech, Member or Service Provider or provide acceptable proof of its destruction. 9.2 Sharing Information. Merchant financial information, Transaction Data, and other information that Merchant provides to Paymentech may be shared by Paymentech with its affiliates. Paymentech will not otherwise disclose or use such information for any purpose whatsoever other than (i) as necessary to process Merchant's Transactions or otherwise provide services and maintain Merchant's account pursuant to this Agreement; (ii) to detect, prevent, reduce, or otherwise address fraud, security, or technical issues; (Iii) to enhance or improve Paymentech's products and services generally; or (iv) as otherwise required or permitted by the Payment Brands or applicable law. Paymentech may prepare, use, and/or share with third parties, aggregated, non - personally Identifiable information derived from Transaction Data of all of Paymentech's customers or speck segments of Paymentech's customers. 9.3 API Transactions; CSR Transactions; Admin Transactions; POS Transactions. Where Merchant is accepting API Transactions, CSR Transactions, Admin Transactions and/or POS Transactions, Merchant also acknowledges the heightened risk associated with its access to Card information and Payer Information, and that Merchant must establish policies and procedures to protect such information in conformity with the Payment Brand Rules, Security Standards, and applicable law, including the storage and disclosure of such information. Merchant further acknowledges it shall exercise reasonable care to prevent use or disclosure of Transaction Data, Card information and Payor information, other than to (a) Merchant's agents and contractors for purpose of assisting Merchant in completing a Transaction; (b) to the applicable Payment Brand; or (c) as specifically required by law. Merchant is allowed by the Payment Brand Rules to store only certain Card information and Payor Information (currently limited to the Payer's name, Card account number, and expiration date) and is prohibited from storing additional Card information and Payer Information, including, without limitation, any security code data, such as CVV2. CVC2, and PIN data, and any magnetic stripe track data. Merchant shall store all media containing Card Information and Payer Information in an unreadable Brazos County Pay Connexion POS Public Sector Merchant Terns and Conditions Page 17 of 20 1 Vof- / 95Jpg. ✓}02- i format wherever it is stored and In an area limited to selected personnel on a "need to know" basis only. Prior to either party discarding any material containing Card information and Payor Information, the party will render all Card account numbers unreadable. If at any time Merchant determines or suspects that Transaction Data, Card information or Payor Information has been compromised Merchant must notify Paymentech immediately and assist in providing notification to such parties as may be required by law or Payment Brand Rules, or as Paymentech otherwise reasonably deems necessary. Merchant further agrees to provide Paymentech, upon its request, with such tests, scans, and assessments of Merchant's compliance with Security Standards as may from time to time be required by the Payment Brands. 9.4 Third Parry Service Providers. Merchant must notify Paymentech of as use of any additional third party service provider that processes, stores, receives, transmits, or has access to Card Information or Payor Information on Merchant's behalf, including, without limitation, as agents, business partners, contractors, and subcontractors ("TPSP') and, to the extent required by each Payment Brand all TPSP must be (a) compliant with all Security Standards applicable to TPSP; and (b) registered with and/or recognized by such Payment Brand(s) as being so compliant. Merchant agrees to exercise due diligence to ensure that all TPSP, and any other agents, business partners, contractors.. or subcontractors with access to Merchant's Card information and Payor Information, maintain compliance with the Security Standards. To the extent required by each Payment Brand, all Payment Applications (defined as a third party application used by Merchant that is involved in the authorization or settlement of Transaction Data) or software involved in processing, staring, receiving. or transmitting of Card Information, shall be (c) compliant with all Security Standards applicable to such Payment Applications or software, and (d) registered with and/or recognized by such Payment Brands) as being so compliant. 10. Miscellaneous. 10.1 Taxes. Unless Merchant is otherwise exempt, and, lf applicable, provides a valid exemption certificate, Merchant agrees to pay any taxes imposed on the services provided underthis Agreement. 10.2 Representations. Merchant represents and warrants that as execution of and performance under this Agreement (a) in no way breaches, contravenes, violates, or in any manner conflicts with any of its other legal obligations, including, without limitation. its corporate Charter or similar document or any agreement between Merchant and any third parry or any affiliated entity (b) has been duty authorized by all necessary anion and does not require any eenserlt or other action by or in respect of any third party; and (c) that the person signing this Agreement on behalf of Merchant is duly authorized to do so. Merchant shall perform as obligations under this Agreement in compliance with all applicable laws. 10.1 Waivers. No tern or condition of this Agreement maybe waived except pursuant to a written waiver executed by the party against whom such waiver is sought to be enforced. 10.4 Notices. Except as otherwise provided in this Agreement, all notices must be given in writing and either hand delivered, faxed, mailed first class, postage prepaid, sent via electronic mail transmission, or sent via overnight courier (and will be deemed to be given when so delivered or mailed) to the addresses set forth below or to such other address as either party may from time to time specify to the other party in writing. 10.5 Taxpayer Certification. Pursuant to 26 USC 6050W, Paymentech is a "payment settlement entity ", obligated to collect and report certain taxpayer information to the United States Internal Revenue Service. Therefore, in conjunction with the execution of this Agreement, Merchant shall provide Paymentech (either directly or through Service Provider) with the appropriate taxpayer certification documentation, via Internal Revenue Service (IRS) Form W -9 (or the appropriate versions of Form W -S, if applicable). Merchant shall promptly notify Paymentech if there are any changes in this information. Paymentech may deduct withholding taxes, if any, from proceeds payable to Merchant or any entity that is a party to this agreement where required under applicable law. Paymentech may, in accordance with applicable law and from time to time during the term of this Agreement. request Merchant to recertify its taxpayer certification hereunder. Furthermore. Merchant shall immediately reimburse Paymentech far any fines, fees, penalties or assessments that may be imposed on Paymentech for Merchant's failure to comply with Section 10.5. 10.5 Merchant Application; Information about Merchant and Merchant's Business. In addition to the obligations set forth herein, Merchant may be required to complete a merchant application or additional set up documentation to allow Paymentech or Service Provider to, among other things, perform required credit and underwriting functions and activate Merchant's account within Paymentech's processing system(s). Furthermore, upon five (5) days' written notice; Merchant agrees to furnish to Paymentech (a) its most recently prepared financial statements and credit information; and (b) if applicable, its three most recent filings with the SEC. Merchant agrees to provide Paymentech with prompt written notice lf Merchant is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant's signature on this Agreement authorizes Paymentech to perform any credit check deemed necessary with respect to Merchant. Merchant acknowledges that the Payment Brands may require Paymentech or Member to audit Merchant's Compliance with this Agreement or the Payment Brand Rules. Accordingly, with prior notice and during Merchant's normal business hours, Paymentech's duly authorized representatives may visa Merchant's business premises and may examine Merchant's books and records that pertain to Merchant's Transactions or Merchant's compliance with this Agreement. 10.7 Survival. The provisions of Sections 4, 5, 6, B, 9, 10, 11 and 12 shall survive the termination of this Agreement. 11. Limitation of Llabllity. Under no circumstances with Paymentech's financial responsibility to Merchant for its failure of performance under this Agreement exceed the total fees paid to Paymentech by Merchant (pursuant to Section 7) or Service Provider (net of Payment Brand fees, interchange, assessments, penalties, and fines) for the six months prior to the time the liability arose. IN NO EVENT WILL PAYMENTECIL ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEFS, OR AFFILIATES, BE LIABLE FOR SPECIAL. INCIDENTALL, CONSEQUENT IAL, OR PUNITIVE DANAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGE TO DATA TRANSMITTED ELECTRONICALLY IV CONNECTION WITH THIS AGREEMENT. ALL PARTIES ACIGNOWLEDGE THAT THIS IS AN AGREEMENT FOR COMIMIERCIAL SERVICES. T'HE UNIFORM COMIMIERCAL CODE. DOES NOT APPLY AND P. \Y ?IENTF.CH AND MEMBER HEREBY DISCLAIMI ANY AND ALL WARRANTIES, EXPRESS OR WIPLIED, MADE TO MERCHANT .OR ANY OTHER PERSON, REGARDING QUALITY, SUITABILITY, MIERCHANfABILITY, FITNESS FOR A PARTICl l PURPOSE, OR OTHERWISE (REGARDLESS OF ANY COURSE. OF DEALING, CUSTOM, OR USAGE OF TRADE) OF ANY SERVICES PROVIDED UNDER THIS AGREEMENT OR ANY GOODS PROVIDED INCIDENTAL TO SUCH SERVICES. Brazos County Pay Connexion POS Public Sector Merchant Terms and Conditions Page 16 of 20 Vol. pg•—�� i 12. Definitions. Terns not otherwise defined in this Agreement shall have the meaning aacdoed to them in the Pay Connexion Service Terms. "Chargebaclf means a reversal of a Transaction Merchant previously presented to Psymentech pursuant to Payment Brand Rules. "Data Compromise Event" means an occurrence that results, or could result, directly or indirectly, in the unauthorized access to or disclosure of Transaction Data, Card information and/or Payor Information. 'Refund" means any refund or credit issued for any reason, including, without limitation, for a return of merchandise or cancellation of services, and any adjustment of a Transaction. "Refund Policy' means a written policy with regard to Refunds. "Retr/eval Request" means a request for information by a Payor or Payment Brand relating to a claim or complaint concerning a Transaction. "Settled Transaction" means a Transaction conducted between a Payor and Merchant utilizing a Card in which consideration is exchanged between the Payor and Merchant for the purchase of a good or service or the Refund of such purchase and the value for such Transaction is settled by the Payment Brand through Paymentach to the Merchant. 'Transaction' means a Transaction conducted between a Payor and Merchant utilizing a Card in which consideration is exchanged between the Payor and Merchant (including PCX Transactions), and when Merchant accepts POS Transactions, CSR Transactions, Admir Transactions and /or API Transactions, the term Transaction shall also be defined to include CSR Transactions, API Transactions, Admin Transactions and POS Transactions. "Transaction Data" means the written or electronic record of a Transaction, including, without limitation, an authorization code or settlement record, which is submitted to Paymentech "Transaction Receipt" means an electronic or paper record of a Transaction generated upon completion of a sale or Refund, a copy of which is presented to the Payor. IN WITNESS WHEREOF, the undersigned parties have duly executed this Agreement. Agreed and Accepted by BR B au harizad sig Print Name and Title Date — 300 E 26th Suite 313 Address Brvnn. TX 77803 City, State Zip Agreed and Accepted by: JPMORGAN CHASE BANK, N.A., In its capacity as Service Provider By (authorized signature) Print Name and Title Date 300 S Riverside Plaza Sure IL1 -0199 Arm Pay Connexion Address Chicago Illinois 60606 City, State Zip Agreed and Accepted by: PAYMENTECH, LLC for itseB and on behalf of JPMorgan Chase Bank, N.A., solely in its capacity as Member By (authorized signature) Print Name and Title Date Address City, State Zip To be completed by Paymentech, LLC Merchant Agreement Contract Number. Merchant processing IDs will be provided at the time of setup Brazos County Pay Connexion POS Public Sector Merchant Terms ---- age 19 of 20 Vol. / is pg. 3y� Exhibit D I POS DISCLOSURES [To be provided, if applicable] Brazos County Pay Connexion POS Public Sector Merchant Terms a -d Conditions Page 20 of 20 Vol. l%S Pg. 3-? 25 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: January 14, 2014 SUBJECT: Utility Permit — Halcon Field Services, LLC Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Old Reliance Road approximately 4,780' southwest of Andert Road. Project will connect several oil wells in the area. Site is located in Precinct 2. SUBMITTED BY: *V..Salvato Right of Way Agent APPROVED BY: ammo talena Commissioner Precinct 2 This request is Ll APPROVED / DENIED El by Commissioners' Court Duane Peters, County Judge DATE: l q I W TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Halcon Field Services LI C [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased Old Reliance Road 85' x Facility to Pa Ilel County Road Within Right-Of-Way CONSTRUCTION TYPE 8.625" Diameter 0.250" Wall Thickness 0 High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification X -52 Steel operating pressure) pressure) Minimum Yield Strength 52,000 Psi Maximum Operation Pressure 1440 nisi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 600i day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial And underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be appr rlties Counq, pugin ce or its designated representative. \/� �_ _._ 9 Pg.=-Z- 7 — Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In tine event Company foils to obtain a permit prior to the itslallatfat or does not install utilities in compliance with installation requirements set fortiu herein (i.e. depth, locatlon, etc), Company assumes ali filmncinl responsibility for damages and/or destruction of lilies, cables, etc. based upon its failure to comply with Brazos Comity requirements. Applicant agrees that If Brazos Comity demonstrates a violation of the terns of this policy, Applicant stipalues thin requisites for Injunctive relief exist and that Brazos County Is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this pernnit at any time, in the sole discretion of Brazos County, for interests of pubfic health, safety or welfare, or for failure to repair any damages upon dentamb or for any other reason deemed suffrclent by Brazos Comnty. in the event Company fails to comply Wilk any or all of the requirements as set forth herein, the County may lake such action as 11 deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicaut/Company. Failure to obtain this peratil and/or notify tine County Engineer's Office within 24 hours of beginning construction shall constitute grouudsJorJob shutdown. By signing below, 1 certify that i am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. 0l -1 a�, c1� <r �t�- — Company Name n tell', 7) - -- t. � V u, Address �1 City State Zip �17r9 P tone Number kU1.15 �` •1•C�fCSQU rL� CC1+^ Email: ` �w °ppruvz gp,3.3Sx.. N't'i4 m:1. wvn '�'Y°JloaSt.s�.k OS PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated - S - z0I t /except as noted below: (Month /Daff em ) EXCEPTIONS: NO ME �pR 11M BRAZOS COUNTY. TEXAS THOMAS M. SPLANE SURVEY ABSTRACT No. 53 'sIR ' iI NATURALGAS FI CLASS I PIPE MATERIAL STEEL SPECIFICATION AND GRADE OF PIPE MATERIAL X•51 OUTSIDE DIAMETER AND WALL THICKNESS 1.625' O.D. x 0.250 WALL YIELD STRENGTH OF PIPE MATERIAL 51.000 P.S.I. _ TYPE OF JOINT MELDED METHOD OF INSTALLATION BORING MAXIMUM OPERATING PRESSURE 1.440 PSI _ 15 MILS FBE W150 MILS ABO COATING MATERIALS HEIGHT ABOVE GROUND WARNING SIGNS EACH SIDE 4'4^ - (COUNTY ROAD) MINIMUM DEPTH BENEATH DITCHESOR DRAINAGESTRUCTURES IW-W ONE(1) TWO WIRE CATHODIC PROTECTION ., 00 AmV �nmuv avnre P �+— I 1 MM ova wx CATRpIC MOlFf11T T9xT V.P `CARRIER PIPE LINE PIPE 87 OF 1.62V O.D. x 0150^ W.T.. X32 LIKE PIPE 15 MILS FBE WITH 20 MILS ARO COATED LINE PIPE CARRIER PIPE DATA CONTENTSTOBEHAWDLED NATURALGAS CLASSIFICATION CLASS I PIPE MATERIAL STEEL SPECIFICATION AND GRADE OF PIPE MATERIAL X•51 OUTSIDE DIAMETER AND WALL THICKNESS 1.625' O.D. x 0.250 WALL YIELD STRENGTH OF PIPE MATERIAL 51.000 P.S.I. _ TYPE OF JOINT MELDED METHOD OF INSTALLATION BORING MAXIMUM OPERATING PRESSURE 1.440 PSI _ 15 MILS FBE W150 MILS ABO COATING MATERIALS HEIGHT ABOVE GROUND WARNING SIGNS EACH SIDE 4'4^ - (COUNTY ROAD) MINIMUM DEPTH BENEATH DITCHESOR DRAINAGESTRUCTURES IW-W ONE(1) TWO WIRE CATHODIC PROTECTION TEST STATION 00 AmV WAYNE ACREE P.LS. INC. A »epvla.w SvmIM1M 1°^ Pv nnzM 9'EEt MnNAnE, L W IEIANA O�RJwIn� L INB WOMHAT 2H Halcon Field Services, LLC PROPOSED 8" PIPELINE CROSSING UNDER OLD RELIANCE ROAD IYI AGO 1] rAU NDA 3,99nal A 06991 ti I ) S + I WAY 1 t 1 I to 1 y A tk 5 � ) 9 t L� I Y ^ PRO Y; I ISO T _ , I i I' ^ if WAS Zito! 'Vivo Mt k VIVO BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A, General Requirements 1. Adequate drainage shall be maintained in ditches at all tunes. 2. Permittee will use best management practices ('BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way anc property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained andlor repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffrr Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. ifconstruction is within ten (10) feet of the roadway; or c. any work performed in the road right- of.way; 6? 2. Plan must be attached to the pennit and kept at the.job site any time work is being performed. 3. Plan must set forth the time of completion for lhejob, D. Design Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any, pole placed in violation of this requirement will be required to he moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least Forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see Nigh Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally V Phone — 2 -4 feet, nominally 3' Gas —4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing fj the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. /9✓`� - pg.� 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot he prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e, all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and /or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the tubber tire variety. Appropriate traffic control shall be provided meeting TMUPCD requirements. 13. In the event said construction and /or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs 10 esiNthig frrelAties Maintenance and /or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of otililies When and if the County Engineer detennines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non- controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the ininimunt Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Ttneof Pineline (below deenest ditch erade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36' deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus IF minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. E�4 4E_� eE26E�6a 'y 9'd�i4 ° & I (7(E pi pT z {tF "( E d�ae �re� fit, sE1S ?& d $•! - A {Fd pAll- �• €i. FMK fiYi. YtY�Ti ggf €€1 =�st;i1¢EE� ;d, till * b n 4 SiY i� AN M J A J .... -- —. • UUp�F� m a $3■ =j w — . +rovm ♦ N N CoC 9b1 r'.w w1 ww n fill 1 aln . 1 vl Vy el nI. ° d INIM.0 � 1 Iq ITM Q ZZ C0C uq♦er. u d' i�� •Win.. n kp 9 W� ue. n wI • w +nnN•n •romwc N __ ____ Jam IroYnN .NIn.V. � V E a€ � Vol. ��`5 Pg. �� YEE6�9ksR§�g�._ : §a& §4k l+�E �'lyyl 333333 ! ♦ R dFaCp R 4 yyibKeFD� �P9DKK � •�s r E�4 4E_� eE26E�6a 'y 9'd�i4 ° & I (7(E pi pT z {tF "( E d�ae �re� fit, sE1S ?& d $•! - A {Fd pAll- �• €i. FMK fiYi. YtY�Ti ggf €€1 =�st;i1¢EE� ;d, till * b n 4 SiY i� AN M J A J .... -- —. • UUp�F� m a $3■ =j w — . +rovm ♦ N N CoC 9b1 r'.w w1 ww n fill 1 aln . 1 vl Vy el nI. ° d INIM.0 � 1 Iq ITM Q ZZ C0C uq♦er. u d' i�� •Win.. n kp 9 W� ue. n wI • w +nnN•n •romwc N __ ____ Jam IroYnN .NIn.V. � V E a€ � Vol. ��`5 Pg. �� o CHECK 16i RARILY WHEN WARNED BYTOLICHORFRICT(ON.SEEIIIACK A00MAL FEATURES. 'ik.Rib THiRib 816URED -SP-L0641114 ii�ito"W'ER R P-F'THi - " Ficiffli i I ` " ' " ' 4 ""61 — ' I - 40 HALCON RESOURCES CORPORATION ROW ACCOUNT 1000 LOUISIANA ST. STE 6700 HOUSTON, TX 77002 2974 DATE ) ?— - I () - I3 — 1124/L210 PAY ORDR TO THE 1 11 s rf% p u s ER OF 0 Wds Fula Mari, N A. MEMO 000 2974tim Vol. (/9.f' pg. DOLLARS DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge January 14, 2014 Utility Permit— Halcon Field Services, LLC Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Wilcox Lane approximately 3,790' northeast of FM 974. Project will connect several oil wells in the area. Site is located in Precinct 2. SUBMITTED BY: — A4w�� — Jo 7. Salvato Right of Way Agent This request is l� APPROVED BY: mmy alena Commissioner Precinct 2 DATE: / pg. ' � -- ioners' Court 26 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Halcon Field Services LLC [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: cilitv to Cross Road Road Name & Block Number Length of Crossin TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased Wilcox Lane 65' X Facility to Parallel County Road Within Right- Of -Wav CONSTRUCTION TYPE 8.625" Diameter 0.250" Wall Thickness 19 High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification X -52 Steel operating pressure) pressure) Minimum Yield Strength 52.000 Dsi Maximum Operation Pressure 144012s The location and description of the proposed installation and appurtenances must he fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60ih day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. / �.J Vol. — ___ pg. _�/% Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. Le die event Company falls to obtain « permll prior to the Installation or does not install utilities In compliance with Installation requirements sel forth herein (i.e. depth, location, etc), Company assumes all f7nrntclnt responsibility jar damages anllor destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of lite (ernes of this policy, Applicant stipulates than requisites for injunctive relief exist and that Brazos County is entilled to relief enjoining any conduct by applicant which is contrary to the policies. This permil is a revocable perndL Brazos County reserves lite right to revoke this permit at any time, in the sole discretion of Brazos County, jar interests of public health, safety or welfare, or for faihve to repair ally damages upon denia nl, ar for any other reason deemed sufficient by Brazos County. III the event Company fails to comply with any or all of the requirements as set forth herein, the Co my allay take such action as It deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Perneil by verbal notiffcatlon to file ApplieanflConpany. Failure to obtain this pernill a nlor notify the County Engineer's Office within 24 hours of beginning construction shall conslltute groranis for fob shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. L;J ompany Name �N,Mt,�c1 LI By: 1.111:. Sign lure �ry Title' Address City — State Zip x12_`717- 3� Phone Number Email; Please contact Tyson Glasscock @903. 258.4978 with questions, comments, and /or when permit is approved and ready to pick up. PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the ut /ility in the County right of way as shown by accompanying drawings and notice dated / ^ v Q - ZO/ 7 except as noted below: (Month/Day/Year) EXCEPTIONS: rvF- County Engineer Vol. � %� Pg. ✓`�� N 48'3J 02" W WILCOX FAMILY REVOCABLE LIVING TRUST - WALTER W. WILCOX & HELEN C. WILCOX (TRUSTEES) CALLED 26.82 AC. VOL. 4450, PG. 160 G. H. COLEMAN A -10 Q II H i 40 338 336 334 332 330 328 26 W 2 SANN BARNES K£NNEY ET VIR CALLED 160.97 AC. W N VOL- 1104, PG, 522 NT c� a w U J d b @Y:1` di 8064 PAUL GHEORGHE C12MAS ET UX a n� 2;;� {I h W 3 CALLED 60.00 AC. j'f,%` -j w N VOL. 9572, PG. 79 =w2 Z ZZ_ 60 co U U I 12' I.R.F. U U U 4 30 r w o IF I rl N.A.D. 83 I LAT: 30.74736' LON: 96.35764' w Ln 3w a PROPOSED PIPELINE N 48'3J 02" W WILCOX FAMILY REVOCABLE LIVING TRUST - WALTER W. WILCOX & HELEN C. WILCOX (TRUSTEES) CALLED 26.82 AC. VOL. 4450, PG. 160 G. H. COLEMAN A -10 Q II H i 40 338 336 334 332 330 328 26 W 2 SANN BARNES K£NNEY ET VIR CALLED 160.97 AC. W N VOL- 1104, PG, 522 NT c� a r+j r+j M M h M i'1 N N w U J d b NATURg1 8064 m g —e~•i h N a n� h W h w x =w2 Z ZZ_ 60 co U U U U U 4 30 K w o ww 3 w o `J 3w a r+j r+j M M h M i'1 N N 338 336 334 332 330 328 3 326 4 +00 3+60 3 +20 c 2+80 2 +63 N PROPOSED PIPELINE NOTE.' BEARINGS ARE BASED ON N.A.D. 1983 DATUM ELEVATION VIEW OF JOB N0D, TI30789- BRUIN -KOOWf III & 2H PIPELINE -WACOX LANE BRUIN- KODIAK #1H & #2H PIPELINE HALCON FIELD SERVICES, LLC WILCOX LANE r PIPE SPECIFICATIONS PROPOSED PIPELINE CROSSING WILCOX LANE 0.72 MILES (3790) NORTHEAST OF TABOR ROAD - F. M. 974 WARNING! UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY BRAZOS COUNTY, TX. THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN. BEFORE ANY EXCAVATION OR CONSTRUCTION OPERA77ONS BEGIN THE CONTRACTOR SCALE.' DRAWN BY.., DATE.• MUST CONTACT ONE CALL UNITY LOCATION SERWCES AND THE OWNERS OF THE UTILITIES TO VERIFY THEIR LOCATION, G� 1 " = 40' K. G.W. 01-01- 14 vc,I /!"'_.. ray ✓-.�2_ b v_�— NATURg1 8064 m g —e~•i h N a n� h W h Z 338 336 334 332 330 328 3 326 4 +00 3+60 3 +20 c 2+80 2 +63 N PROPOSED PIPELINE NOTE.' BEARINGS ARE BASED ON N.A.D. 1983 DATUM ELEVATION VIEW OF JOB N0D, TI30789- BRUIN -KOOWf III & 2H PIPELINE -WACOX LANE BRUIN- KODIAK #1H & #2H PIPELINE HALCON FIELD SERVICES, LLC WILCOX LANE r PIPE SPECIFICATIONS PROPOSED PIPELINE CROSSING WILCOX LANE 0.72 MILES (3790) NORTHEAST OF TABOR ROAD - F. M. 974 WARNING! UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY BRAZOS COUNTY, TX. THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN. BEFORE ANY EXCAVATION OR CONSTRUCTION OPERA77ONS BEGIN THE CONTRACTOR SCALE.' DRAWN BY.., DATE.• MUST CONTACT ONE CALL UNITY LOCATION SERWCES AND THE OWNERS OF THE UTILITIES TO VERIFY THEIR LOCATION, G� 1 " = 40' K. G.W. 01-01- 14 vc,I /!"'_.. ray ✓-.�2_ HALCbN FIELD SERVICES, LLC This letter is written to comply with section H — item 3 of the "Brazos County Roadway Safety and Road Preservation Standards" for work conducted in Brazos County right -of- ways: The design and installation of this pipeline and roadway crossings will be constructed in accordance to 49 CFR Part 192 of the Federal Safety Standards. Project Design and Installation Parameters: Project — Bruin to Kodiak - Wilcox Lane Product — Natural Gas Pipe Diameter — 8.625" Pipe Wall Thickness — 0.250" Material Specification — Steel, X -52 Minimum Yield Strength — 52,000 psi Maximum Operating Pressure —1,480 psi This pipeline is considered high pressure and will consist of a non -cased pipe with county road crossings depths at or greater than 10' (12011) below ditch flow line. Sincerely, Tyson B. Glasscock Contract Rep. For Halcon Field Services LLC 903- 258 -4978 Tyglasscock@gmail.com S"/ BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must he put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below, 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must lake such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shalt provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided forthe following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires s eo cific nighttime traffic control measw•es pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work perfonned in the road right•of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Slaudards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power— 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. / 9s Po 26-t 9. Bore Pits a, no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented fiom entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right- of-way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber lire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as detertined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deenest ditch grade) Special Renuiremenis Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a litre that serves the final customer. Vol. _1��� pg. S� of !% Pg.__Sy- I pqR Fito11A ! 2 i INb � � i 1 ?� �� g g }i�Y�Y �1 �ra pit 21b�bf.It 1 : H9 r I ,I i' f'i 1111 ill, K1111 ,111,11 - �x RASS9 99 Rs a a • a Y MOAO � f /1� MV { AI a I• yy U$i w I�l • •1.11, H O 8� S w A •e, aiella ��k t -6 iT�^ tp! pp e" ppxiCc i �j$y �b ��diQGaYs n ppki ® B$i ♦'.•AU y @� 66tr�i AW F Rllaa VI � ° v r e VNN MI• ' � ,rolnx6 - • • ,rormn �1, V a N o � w ,I.lexn 1/I 'i yy gg ..tea .e� K lis�C:a . „.- __ur°r'os— •HIM11 /NIrWt N N .NVMa ,1911•'ll U V ia4 } b 9 11•. eA,ue w . .ul w N AI �LI 1 vni i1 ..z;1! ziL,R.�'li�tiix: G�: xti�":, ?U,^�?c°"•.�.,...�.:^'a:�ti!i.� "� �i x,..��1.1. of !% Pg.__Sy- .. . THE AED7HEPM0 SECURED "SP' LOGO IN,THE LOWER CORNER OFTHIS CHECK MUST FAOETEMPORARILYWHEN WAPMED BYTOUCH OR FRICTION. SEE BACK FOR AOORK)NAL FEATURES. HALCON RESOURCES CORPORATION 3329 i ROW ACCOUNT DATE �' 1. • I� S; 1000 LOUISIANA ST. STE 6700 d1a, HOUSTON, TX 77002 �i PAY `n\ /1 S //M r ORDEROOF ' V��•7\DS4 (�ClSY1� V V V 11vD DOLLARS ®Wel6t�Fv9a MEMO 11'00332911' Vol. / %5 pg, G'D BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: January 14, 2014 SUBJECT: Temporary Utility Permit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line through roadway culvert located on Wilcox Lane. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: -//4 0--AX4 - Joe 7. Salvato Right of Way Agent APPROVED BY: 4animyy alena Commissioner Precinct 2 This request is & APPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: ( 11qby 11 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE. Bored lacked Driven Cased Wilcox Lane 65' Facility to Parallel County Road Within Right-Of-Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 10" Diameter Wall'rhickness Material Specification Aluminum Maximum Operation Pressure 50 PSI PROJECT WILL LAY 10" ALUMINUM WATER LINE THRU 30" CULVERT FOR APPROX. 14 DAYS. JAN 14th — JAN 28' The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within 14 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60 "' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfor damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or far any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. ^ tocd-e.- Title I r,C LOLtt SiCr1C SLu,I Address H icsIto )ti Tl{ %70 "l%' 2 City State Zip 14tic) Phone Number A0,Wr- o 001 _G �•� _. Email WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated l , Yi' ZB/9" except as noted below: EXCEPTIONS: Af�NF I (Month /Day/Year) Brazos County Engineer S' ature /ed�jt/ Title V �m «t, .T 1i� .4 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requfreuteats 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit andlor pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni2littinic traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at thejjob site any time work is being performed. 3. Plan must set forth the titne of completion for thejob. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safetyto the public. Any pole placed in violation ofthis requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c, be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable -6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location., 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing Ij the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. /IZ5� ;, r'o7 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting . the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to , protect pavement integrity; E based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within. ten (10) feet of edge of pavement shall meet the following: a, location must be approved by the County Engineer or his representative b. backfrlled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tine variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer, 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency wa•k In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilitles When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth TyFie of Pipeline (below deenest ditch grade) Special Reauirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall he minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road, 6. Natural Gas Distribution is a line that serves the final customer. y� S N ]�i E ? 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H N Vn Alta a _ _ _ _ _ _ _ _ — _ — -- o �Q — A •wlrvn Jrocrorc YS .W Q ~ a V1 hit a V. /✓ pg. �� BRAZOS COUNTY, TEXAS BUDGET AbIENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 14.1-14.8 On this the 14th day of January 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I 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 WREREAS, on 14th day of January 2014 the Court heard and approved a budget amendment for the 2013 -2014 budget year for Brazos County, Texas; and LVHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 14th day of January 2014. THE COMAHSSIONERS 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 /yam— 71 30 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -14.1 1114/2014 FUND DN ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 22000100 61900000 CR Visiting Court Reporters 161.00 0100 22000100 51630000 DR Hourly Part Time 132.00 0100 22000100 53100000 DR Social Security 10.00 0100 22000100 . $3200000 DR Retirement 18.00 0100 22000100 53800000 DR Workers Comp 1.00 85th District Court Reallocation of funds to cover for a sub court n: rtcr that worked on December 13, 2013 for 4 hours in the 85th District Court. 95 pt: 7� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -14.2 of funds to cover for the reclassifications that were approved during Commissioner's Court on December 31, 2013, agenda item Vol. I-X-5 V BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -14.3 I& BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 14.4 1/14/2014 9s' Pq �� 1 Extension In BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -14.6 is Vol. Pg,� one license BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -14.6 VoL �i✓� pg. -1 !nn 'Data"" BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14. 14.7 Vol. BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 13114 - 14.8 1/14/2014 _ pg. %� 00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 14, 2014 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Hurst, Kevin Termination County Attorney Anderson, Rodney Ask, Hutton Giles, Spencer Holmes, Joshua Monschke, Nessa Quisenberry, Eric Rogers, James Other New Hire Transfer Win Dept. Transfer Win Dept. Other Other Transfer Win Dept. Justice of the Peace - Pct.1 Treat, Ronnie Budget Change Juvenile Brown, Dexter New Hire Munoz, Patrick Resignation Roberts, Barbara Transfer wlin Dept. Tolmsoff, Shawn Promotion Road & Bridge Edwards, John Retirement Tracy, Catherine K. Retirement S.O. Admin Navarro, Mary Resignation Stone, Elizabeth Reinstated S.O. Jail Jordan, Cody New Hire Vol. Z %� pg, 80 Approved in Commissioners' Court: Janua 14 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. %5 p9 ��