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HomeMy WebLinkAbout2016-02-09 10:00AM REGULAR MEETINGBWOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON FEBRUARY 9, 2016 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 Commissioner Mallard 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3 - 14: 3. Request for variance to Comp Time Policy allowing employees of the County Clerk's Office until May 6, 2016 to take their accrued comp time earned while working the 2016 Primary Elections. 4. Request from Emergency Management for out-of-state travel for Michele Meade and Christopher Martin to attend the National Hurricane Conference from March 20-24, 2016 in Orlando, Florida. 5. Request for additional funds for capital project # 2016-070, Roof Repair of Brazos County Administration Building in the amount of $4,000.00. 6. Award of contract for RFP # 2016-144, Courthouse Renovation- Phase V. 7. Change order to PO #16000658 to Patterson Architects for final bid price on phase V of courthouse. 8. Award of bid # 2016-145 Crack Seal. 9. Approval of contract # 2016-160 Quiet Zone Implementation Plan for Greens Prairie Trail with CTC, Inc. 10. Consider and take action on the Peach Crossing Homeowners Association utility permit on Peach Crossing Drive located 75 feet East of Peach Creek Road. Work consists of boring a distance of 70 feet for a 3 inch electrical conduit for lighting to the entrance of subdivision. Line will be a minimum of 36 inches under the roadway ditch. Site is located in Precinct 1. 11. Tax Refund Applications for the following: • a. Gilbert & Mary Juarez -overpayment -$9.89 • b. David Allen Michael -overpayment -$2656.48 • c. BBVA Compass Bank -overpayment -$3710.79 • d. University Title Company -overpayment -$1025.62 • e. Helen Nerod-overpayment-$199.98 • f. Jason L. Siegert Trustee -overpayment -$20.00 • g. Branch Banking & Trust -overpayment -$392.00 12. Budget Amendments. Vol. Pg.ol7� Budget Amendments FY 15/16 20.1 - 20.4 13. Personnel Change of Status. Personnel Action Forms 14. Payment of Claims. 15. Acknowledgement of the Citation of Honor from the American Institute of Architects -Brazos County Chapter presented to the Brazos County Tax Office. 16. Acknowledgement of the Mental Health Mental Retardation Authority of Brazos Valley Annual Financial Report for the Year Ended August 31, 2015. 17. Acknowledgement of the Monthly Reports submitted in January 2016. 18. Sheriffs report on inmate population. 19. Announcement of interest items and possible future agenda topics 20. Call for Citizen's input 21. Adjourn. Vol. '), -3 / Pg. ,L7-�- PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brams 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. 1 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 speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Tums Open Meetings Act 7551.042. 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 W11 have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County AdministrationBuilding, 200 South Texas Ave., Suite 106, Bryan, Vol. Pg. i q, TX77803 is wheelchair accessible. I-landicap 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. 'M / Pg. MINUTES FEBRUARY 9, 2016 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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, February 9, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3 -14: 3. Request for variance to Comp Time Policy allowing employees of the County Clerk's Office until May 6, 2016 to take their accrued comp time earned while working the 2016 Primary Elections. Vol. pg.� Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 4. Request from Emergency Management for out-of-state travel for Michele Meade and Christopher Martin to attend the National Hurricane Conference from March 20-24, 2016 in Orlando, Florida. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 5. Request for additional funds for capital project # 2016-070, Roof Repair of Brazos County Administration Building in the amount of $4,000.00. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 6. Award of contract for RFP # 2016-144, Courthouse Renovation- Phase V. Commissioner Cauley asked if Madison Construction had the lowest bid. Judge Peters said yes, Madison Construction submitted the lowest bid. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP # 2016-144 Courthouse Renovation - Phase V to Madison Construction, L.P. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann Change order to PO #16000658 to Patterson Architects for final bid price on phase V of courthouse. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann Award of bid # 2016-145 Crack Seal. Vol. Pg._.2 The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract # 2016-145 Crack Seal to Champion Infrastructure, LLC. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 9. Approval of contract # 2016-160 Quiet Zone Implementation Plan for Greens Prairie Trail with CTC, Inc. Judge Peters thanked Commissioner Wassermann for his work in implementing a Quiet Zone for the FM 2154 Corridor. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 10. Consider and take action on the Peach Crossing Homeowners Association utility permit on Peach Crossing Drive located 75 feet East of Peach Creek Road. Work consists of boring a distance of 70 feet for a 3 inch electrical conduit for lighting to the entrance of subdivision. Line will be a minimum of 36 inches under the roadway ditch. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 11. Tax Refund Applications for the following: • a. Gilbert & Mary Juarez -overpayment -$9.89 • b. David Allen Michael -overpayment -$2656.48 • c. BBVA Compass Bank -overpayment -$3710.79 • d. University Title Company -overpayment -$1025.62 • e. Helen Nerod-overpayment-$199.98 • f. Jason L. Siegert Trustee -overpayment -$20.00 • g. Branch Banking & Trust -overpayment -$392.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 12. Budget Amendments. Vol. 'zj% Budget Amendments FY 15/16 20.1 - 20.4 20.1 Reallocate funds for General Capital Improvement Fund -Human Resources. 20.2 To transfer funds from State Aid mental health operating expenses to local funds. 20.3 Reallocate funds for the Law Library. 20.4 To recognize actual proceeds from the issuance of Certificates of Obligation during October 2015. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner _Loyd Wassermann. Other. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 13. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 14. Payment of Claims. Claims 7141158-7141383 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 15. Acknowledgement of the Citation of Honor from the American Institute of Architects - Brazos County Chapter presented to the Brazos County Tax Office. The Court acknowledged and congratulated Brazos County Tax Assessor -Collector, Kristeen Roe on receiving the Citation of Honor from the American Institute of Architects -Brazos County Chapter. 16. Acknowledgement of the Mental Health Mental Retardation Authority of Brazos Valley Annual Financial Report for the Year Ended August 31, 2015. The Court acknowledged receipt of the Mental Health Mental Retardation Authority of Brazos Valley Annual Financial Report for August 31, 2015. 17. Acknowledgement of the Monthly Reports submitted in January 2016. The Court acknowledged receipt of the Extension Service reports submitted in January 2016 and acknowledged receipt of reports from the following County Offices showing revenues collected and remitted to the County Treasurer: Vol..3/ Pg. 8/ County Clerk District Clerk 18. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 620 inmates in jail, 52 have electronic monitors and 16 are pending for monitors. 19. Announcement of interest items and possible future agenda topics. There were no announcements. 20. Call for Citizen input and/or concerns There was no citizen's input. 21. Adjourn. Vol. — j l pg. �� The foregoing minutes of the Commissioners Court meeting held February 9, 2016 have been examined and are approved in open Court this I J I day of M4 -Li ,�a , 2016, in Bryan, Brazos County, Texas. County Judge Commissioner, Precinct 1 akz my Ca ena Commiss'oner, Precinct 2 Irma Cawley Commissioner, Precinct 4 Attest: Karen cQueen County Clerk /Oly` Kenny Mall 1 Commissioner, Precinct 3 Vol. —2� 5 / pg,; of BRAZOS COUNTY COMMISSIONER'S COURT iDAY • J VD ✓lP P2L0 201(o Name Organization Vol. Pg. %, dq 5C BRAZOS COUNTY COMMISSIONER'S COURT DAY 0 Name (PLEASE PRD\TT) V4 11A4,6 WLMAT l>ccC- e 4-rt4 -a -s Organization (PLEASE PRNM 016 P6?eof(/ /� l77 nr tJ L. U[L/7 - 7�71 o -i, _rm-.i�( H `PAAci� L_ c4. Lie 9� (2j) nn • C-% , Vol.! I'9.. �`S AGREEMENT FOR CONSTRUCTION OF (RENOVATION OF COURTHOUSE- PHASE V) RFP #2016-144 BRAZOS COUNTY, TEXAS (.vecs01 i4-}des,7 Page 1 Vol. s� J pg, '� f � 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:tUsers\MattlAppData\Local\Microsoft\Windows\Temoorary Internet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement- final (003).docxFAQfw4ACL`�n'T ❑c =,r r„ in-ru�n-rug MOn�i ,o�,.,,�� ltr n.pa A �,,„, r z____ Page Vol. _� .l / Pg. AGREEMENT FOR RENOVATION OF BRAZOS COUNTY COURTHOUSE — PHASE V This Agreement for the RENOVATION OF BRAZOS COUNTY COURTHOUSE — PHASE V, Brazos County, Texas, in the amount of five million, nine hundred seventy- five thousand dollars , is entered into this day of January, 2016 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 V is hereinafter referred to as the "Project." The Architect/Engineer 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 # 2016-144 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\Matt\ApoData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF4GMRQ1 JFNT Fn oc�c%Q91 fueFsiea-04-2G14)docx r/ Page 3 Vol. a 3�_, Pg. � gb 1.1.2.1 SUMMARY OF THE CONTRACT PRICE: Contractor's price schedule, Exhibit E, indicated a price of five million, nine hundred seventy- five thousand dollars ($ 5,975,000.00). This total includes acceptance of the following: Alternate #1, Concourse Flooring (in the amount of $96,000). 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 V 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 second and third floors of the Brazos County Courthouse. 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. 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." CAUscrs\MattWopData\Local\MicrosoftlWindows\Temoorary Internet Files\Contant.Ontlook\WHLP0035\Phase V Draft Agreement - final f003).docx€a_M1%C1 14 T F11 €S\C9tJRTKOUSE-R€M9D€L1Phas, `�-,-,�^-^" F--emeRt- (versiea-04-2844):deex Page 4 vol. _3_/ Pg. 8 9 .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. 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 C:\Users\Matt\AppData\Local\%IicrosoftSWindows\Temporary Internet Files\Content Outlook\WHLPQQ35\Phase V Draft Agreement - final t003).docxF-%CiviRrl i❑�,�,FPIT- oiL€S1C4)UR-T 4QUSE-REAgDL�o ase4V Draft-A^gFee^ment (.....: ,ten, on,-.T),doc* Page 5 Vol. 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 Agreement/Contract: 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 Architect mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in C:Wsers\NattW,00Data\Local Wlicrosoft\WindowslTemoorary Intemet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF-=%ri141 PAT-�16E�1S9L�RTk106kSG-G €M9D� ` ��^^^ `-,-�.•^�"�,^gceemenf-- (uersieR44-2934 ).&G; Page 6 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 # 2016-144 E. Special Conditions F. Specifications and Drawings. In the case of an inconsistency between 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 C\Users\Matt1ADDData\Loral\Microsoft\Windows\TemoorarV Internet Files\Content Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF:`GWWQI '�"'T-F4LE-11=U-"TtG4&Ec ZEA40 E �o DFaft-A e„r tversien-0-1-;z0d-4}desx Page 7 Vol. �/ Pg. %� 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 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 C:\Users\Matt\ADpData\Local\Microsoft\Windo,ms\Temporary Intemet Files\Content.Outlook\WHLPQ035\Phase V Draft Agreement - final L003LdocxF-4CivMG1'PIT a oc CC)UoTAOLL c or IQQgt-1P#sse 1V n..Aq�eemem (versi9a-04-20-14);docx Page 8 Vol. �,J / _- Pg._o� Cr 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 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 C:\Users\Matt\AppData\LocallMicrosoft\Windows\Temporary Internet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement - finaligM docx;-ACivil\901-NTriLESICOUPTHOUSE4�€MODEL-\P-hase+V-0raft-Agreement- (ye=sieg-0-1-'2na nes: I Page 9 Vcl. __ 023 / Pg.! %41 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 Owner's representative is Gary Arnold, Capital Projects Manager, 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, which are the responsibility of the Contractor under the Contract Documents, Owner C\Users\Matt\AopData\Local\Microsoft\Windows\Temoorary Internet Files\Content Outlook\wHLPQQ35\Phase V Draft Agreement - final (0031.docxF-aGivil4GLl€t+��FILESIGOdRTuniico�ntnw�ro �siee-41-2-W4}desx Page 10 \lot. _ J7/_ Pg._ � y� 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,\Users\Matt ApoData\Local\Microso`t\Windows\Temporary Internet Files\Content Outiock\W HLPQQ35\Phasey Draft Agreement - final (003).docxF—:1SNtiN _ �1-2014).docx Vol. page 11 -v� 3_%-- pg'-��lD 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 Contractors 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, Cz\Users\Matt\AooData\I-ocal\Microsoft\Windows\Temporary Internet Files\Ccntent.Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF4Giv!AG '�E..^'r �I6€—'3iSOURT3 4OUS€-R€MOD€NP-hase-I/Bratt-Agreemeat- (versiGn 1-24)44desx Page 12 Vol. Pg. � 97 omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a 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 Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, 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 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 C\Users\Matt\AopData\Local\Microsoft\Windows\Temporary Intemet Files\Content Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF,: Q, ilkQ cn.,�.�,-.mac ❑e�rgy THgyc�E BF499 e- raft -„gFeemeat-- Pg. (ver6ion0-1--2014).deox Page 13 _a_� 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 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 3.4.1 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, after evaluation by the Architect and in accordance with a Change Order, or by Owner's 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 C\Users\lvlatt\AgpData\LocallMicrosoft\Windows\Temporary Internet Files\Content Outlook\WHLPQQ351Phase V Draft Agreement - final (003).docx€r1Ci --1 R&AQDE' �gfeement— n, on,e desx Pa e14 .c�?, vOi.�31 P g them. 3.5 WARRANTY 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 (versien41-2G44-y49GX Vol.age 15 ol. �3 ) Pg._ Q o COMMISSIONER COURT MINUTES OF FEBRUARY 9, 2016 ARE CONTINUED IN VOLUME 232 PAGE 1 Vol. ,?,I/ . P9•, - COMMISSIONER COURT MINUTES OF FEBRUARY 9, 2016 ARE CONTINUED FROM VOLUME 232 Vol. 02 3 Pg.�__ 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 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 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 This project is exempt from Texas State Sales Tax and a Texas Resale Certificate will be issued to Contractor. Contractor, Subcontractor, Sub subcontractors and suppliers are solely responsible for any sales taxes due the State of Texas for any unincorporated taxable items. C1Users\Matt\AoDData\Local\Microsoft\Windows\Temporary Intemet Piles\Content Outlook\WHLPQQ35\Phase V Draft Agreement - final (0031.docxF—AJQM4QIF.Pr.L�€M9B€NP„-,VDF",-Agre-ementt (versie., n' 2014).dRG — Page 16 JlVo. —���i pg•� 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. 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 (uer^'^�^-' rR'014):desx -- Page 17 `Vol. �_, � Pg. __�_ 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 Section 01 21 00 of the Specifications. 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 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 Contractors 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 Contractors construction schedule CiUsers\MattWooData\Local\Microsoft\Windows\Temoorary Internet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF-\6.4,r «i OTHn' ICC OCA4C)DEI \P - .a V I..NM.ee..�nt _ (versien-Oa-2844).des Page 18 L01- 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. 3.10.4 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 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. 3.12.5The 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 C:\Users\Matt\APPData\Local\Microsoft\VVindows\Temporary Internet Files\Conte nt.0ut1ook\WHLPQQ35\Phase V Draft Agreement- final (003).docxF ''..,..�^'T-F-!'FR`)n iRT4 r ,c�o�cnnn�� �p�se-IV-D,^f emeni— (version44-2014).doox I Page 19 Vol. ,'.Y.2, pg.X 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. 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. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's 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 CiUsers\Matt\ADDData\Local\Microsoft\windows\Temoorary Internet Piles\Content.Outlook\wHLPQ035\Phase V Draft Agreement - final (003).docx€4QMAS61€AAc oc-n ioTun! is o�nnn ci �P�.ase-}�f_gFaft-p,gr6em9gF- (version-0-M1-2&l4}9eex Page 20 Vol. _; 3a, Pg. 6 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 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 C\Users\Matt\APPData%Local\Microsoft\Windows\Temoorary Intemet Files\Content Outlook\WHLP0035\Phase V Draft Agreement - final t0031.docxFA6iv kQ\ 4€NT �o octan RTun��, n�Tm V4Dra..-„greemeat— (ver-sien 04--2^ )-desx -- - Page 21 Vol. P9 --/ 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 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 3.98.9 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 1S 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 C:1Users\4att\AopData\Local\Microsoft\Windows\Temporary Internet Files\Content.Dutlook\WHLPQQ35\Phase V Draft Agreement - final (00X.docx€28v iPG1 RNT rll ❑earn orun icc oo�nnnn Phase v nv )Fa#a r (veFsion-04-2&14)-desx r/ Page 22 Vol. .2-3—-- N�'--a 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 1S 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 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. C:\Users\Matt\APPData\Local\Microsoft\Windows\Temporary Internet Files\Contenl.Outlook\WHLPQ035\Phase V Draft Agreement - final (003).docxFACkv:Ar rNT Al Draft A ffee.�me„„r _ (vecsien 01-2944).desx _....---- Page 23 Vol. _a 3� Pg. 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. 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) 15 days prior to Day 0: Contract is approved by Commissioners' Court and Contractor is notified to present bonds and insurance to County Day 0: Notice to Proceed is delivered to Contractor No later than Day 630: Contractor attains Substantial Completion No later than Day 660: Contractor attains Final Completion (30 days following Substantial 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 C:\Users\Matt\ApoData\Local\Microsoft\Windows\Temporary Internet FileskContent.Outlook\W HLPQQ35,Phase V Draft Agreement - final (003).dccxF—:1QvAGL!E ° Tr Q1 1SF D,P4 PE4. Rhase !V D.�Rt —------------------ Page 24 LVC)l.3� 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 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 or neglect 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 3.3. The Architect will not be C:1UserslMattlAppData\Local\Microsoft\windows\Temporary Internet Files\Content.0ut1ook\w1-ILP4435\Phase V Draft Agreement - final (003).docxFAG 4%GLIENT. 111 Draft AgFeemept— EVe, Page 25 L10 l. 3 Pg. // 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. 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 Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not ✓1011 f141 V'GIIIGI,I�llllollv�.i rnrvmvc,cm�-2vv_rovorcrrvwcac-.v.- •. .�iv�u..y�...........• Eversiecr0.�-2E}44},dosx Page 26 Vol. .2se� Pg.- ��� 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. 4.2.8 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. 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: C\Uses\Matt\AppData\Local\Microsoftlwindows\Temporary Internet Files\Content Outlook\wHLPQQ35\Phase V Draft Aoroement- final(003).docxFt\CiviPn iG rr� �g\r�noru_co ornn,�,,,�nc Aphase4VrDfaft- greement (arersioa-pa 2-&14},desx Page 27 Vol. _o�.J7 �--- pg. i3� .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. 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 EveFsie --^' '^',--gym, Page 28 Vol. �,.J� . Pg. /-// 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 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 (NOAH) for the prior ten (10) years. In the absence of NOAA records for C\Users\Matt\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\WHLPQQ35\Phase V Draft Agreement- final(003).docxF-G+viV_L1 NT F11 E HOU&€R€MODEL\o#as�a'V-Bra" t (vecsio� ^^'desx Page 29 Vol. cU__� Pg. Xf: 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 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 6\Users\MattWgpData\Local\Microsoft\Windows\Temoorary Internet Flles'Content Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF4G1 ikgL- T r ❑cern OTLnI ICG oEMODE Ao�.a�„�,4v n,..v�-AQr.-,emeRt (versienAT4}.�eo--------------- -- Page 30 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 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 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 Owner's 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. 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— C�\Users\Matt\AppData\Local\Microsoft\Wlndows\Temporary Internet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement -final (003).docxF-S2,^ ENT,,, ...TFILE=nIIRTHOUSE-of_ IQDENphase-IV-Draft-Agreement— (vers:on 01 2044):des* Page 31 Vol. 7,; 2- �g.. i 7 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 5.2.1 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 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 Eversiori4l201 ^mss; pg, --/e d Page 32 vol. sZj Z - 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 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 (vereie^ ^^.,� :-:).dqPage 33 Vol. _a_�.z_ ng. � � 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. 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. (,,eF6ieR 01 2014) PIQG Vul._a 3oZ_. . - 1 U Page 34 Pg 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 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. 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 C\Users\Matt\Apr)Data\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\WHLPQQ35\Phase V Draft Agreement- final (0031.docxG.`^`o�ase-tV-BcaF�Agreeaaeat- (Ve 19 nom' 'e14)doex----- Page 35 � rel. _. 0?�3 _. pg.% 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. 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, (version O 2044)des Vol. �oC g•— P 9 ! I Page 36 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, 10% 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 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 by law, 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 (vers i o R-04-2 0 1 4HIoex Vol. Page 37 8.1.1 The Contractor shall achieve completion of the Work not later than 630 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 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 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 :\Users\MaU\AonData\Local\Microsoft\Windows\Temoorary Internet Flles\Content.Outlook\WHLPQQ35\Phase V Draft Agreement -final (003).docxF::\ow iACLIENTFIL&-, y-F,uni ec ocnn n❑ �p ,��..�i�m..,a ro �„� (�ecsiesr9�,�8-'F4�-deep I -�Jq A �, Page 38 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 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. C:\Users\Matt\ApoData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\wHLPQQ35\Phase V Draft Agreement - final (003).docxF—:1CMIXG-.LI€- T-FILE—REy9DEL\Phase-N-DFaft-Agee ' (uersieFl-Oa--2&14}:doc�c �� FV Page 39 ol. Pg.-- - — 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 seventy- five thousand dollars 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. 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 made no later than the fifth day of the following month. 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. C'\Users\MattWODData\Local\Microsoft\windows\Temporary Internet Files\Content Outlook\WHLP00351Phase V Draft Agreement- final(003).docx€.\GMkC ion Tuo i o Wilco o€A49B€L-\Rhase-4V-Dratt-AOreemenc- (VeFSian /N .c; Page 40 Vol.11� 3C_ Pg. %� l0 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. 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. C:\Users\Matt\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WHLP0035\Phase V Draft Agreement - final (003).docxF—:RCivil1GUENT F46ES\COURTHOUSE—REMOD€L-\P-Rase-1 lLDraft-Agreement— (-versien-B3-2 44)4esx Page 41 Vol. _o� �o� Pg. �7- 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: .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 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. C:\Users\Matt\ADOData\Local\MicrosoftlWindows\Temoorary Internet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxP4GivihCN€N-T-'F41;&SkCJgtIRT1409S�EoEWDEi aS(veFsieR 04 294 4)AGG; e Vol. __ �r��— hg. d'j Page 42 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 9.5.1.10, 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 -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 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 C:\Users\Matt\APQData\Local\Microsoft\Windows\Teml)orary Internet Files\Content.Outlook\WHLP0035\Phase V Draft Agreement-final(003).docxF4Qvil\CN€WT-FI6€S:GOURTk0LIS€-R€MOn..,�' PUase-iV-Braft-Agreement-- Page 43 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. 9.8.4 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 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 C:\Users\Matt\Apl)Data\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docx€4Sivi4\SRFMODEtAPhas .V nv nrA-Agreement— "rsion-04-2044):docx Page 44 [voi.—_j 3 Jz pg._ S —1 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 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 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 C:\Users\Matt\AppData\Local\Microsoft\Windows\Temoorary Internet Files\Content Outlook\WHLP0035\Phase V Draft Agreement -final (003).docxF.: QviVQ6 FNrr Fc�Cni ioTuni c❑ o,,..,�,�nnnnoi �ohasp,}V_DraiFApreerngnt (version 01-2-014),desx Page 45 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. 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. C\Users\Matt\AooData\Local\Microsoft\Windows\Tcmoorary Internet Files\Content.Outtook\w HLPQQ35\Phase V Draft Agreement - final (0031.docxt ACivikQ9F T Fl E-S4COURTHOUSE-R€M9A€LAPhase "rT,-)raft-;greement- (veFsien Page 46 �7 1 Pg 3 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. 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. C:\Users\Matt\A Data\Local\Microsoft%Windows\Tem ora Internet Files\Content.Outlook\WHLP0035\PhaseV Draft Agreement - final (003).dccxFAGWGLENT—F 11 F2COURTHOUSER€MODEL\Phase-IV-Draft-Agreament (VeFS ^^,�--mow;, Page 47 FO I. Pg. 33 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 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 C�\Users\Matt\AppData',Local\Nlicrosoftlwindows\Temporary Internet FileslContent.Outlook\wHLPQ035\Phase V Draft Agreement - final (003).docxF4Gk44GL4FMT RLESCQUPTu c❑o nnnnr: Phase-V-DFaft Ag.re ment— (rersien 01 on o.. Page 48 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. 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 Ufaii HgftlBfll@fll- 11FIal 1VV0I.00GX . ,..; ^^ ^, ^2^^ ^,�oc i- Page 49 vol. __�?3.Z _ pg.--�-- 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 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 Ural( Awl eel Il el a -III id, VVJLUUUA iblwl -VdE-IiEiWkYCEttI=HBJC-WtJtiStrMgfCCH1CHt- (v4ar ter^'2^'4):docx Page 50 VOL _z4yZ . P g - 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 a!I 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 Contractors 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; .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; C\Users\NlattWpoData\Local\Microsoft\WindowslTemoorary Internet Files%Content.Outlook\WHLPQQ351Phase V Draft Agreement - final (003).docx€:aGPAi GOO Tom...-.-.�,�.-.�rni oTuno own nn��oh� no,�„��r n,5 e (versioFr61-2-014)AE)Gx "---- "--- -i Page 51 L\ p9. J 7 .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. .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) 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): CausersWlattlApgDatalLocal\Microsoft\W indows\Tempora ry f ntemet FileslContent.Outlook\W HLPQQ35\Phase V Draft Agreement - final (003).docx€A9ivikG4=1F iT-nim.,- ,�VoC)i RTug4��W-MQDELkPh ase'V Draft n,..,.,..npnt Ev,aFsien-04-"" ^=o I-dasx - Page 52 (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 year(s) 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 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 Intemet Files\Content Outlook\WHLP0035\Phase V Draft Agreement -final (0031.docx€4Siv;14.�-.=- - -- -- aseT!V Draft Agreeme E- B-' page 53 Val.- 3a�pgg &_7 =� J 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, 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. 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. 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. Page 54 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. 11.4.6Upon 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 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 C\Users\Matt\ApDData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\WHLP0035\Phase V Draft Agreement- final (003).docxF-s,rk. fl�Q rNT-F4LEc�rni 1RT 01 icc own n I �P��\9e _ (*e sien44-29444.desx Page 55 VOL P9•.� 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 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. 4'Ui. J, 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 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. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's 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 Contractor's 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 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. C:%Users\Matt\ApoData\Local\Microsoft\Windows\Temoorary Internet Files\Content.OLItlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF—AQivAQ°`-.=,J�.-.T F L-€QICOURTMONSE—R€M8B€L4Phase `- n• on1444GG-X Page 57 _q,_::::J 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. All testing covered in section 3.6 shall be paid for in accordance with payment of allowances. 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 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. O\UserSlMattlADoData\Local\Microsoft\Wlndows\Temoorary Internet Files\Content OUtlookUNHLP0035\Phase V Draft Agreement - final (333).docxF4GMkG! c�T❑�'�c WPTuQ11SFRrMOD Lop gr�emeGt— (versien-Bi-2-0�4-)�osx Page 58 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, 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 C:\Users\Matt\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conlent.Outlook\WHLP0035\Phase V Draft Agreement - Anal (003).doczFASiviNGL-IE-FJT-€I>=€S\GOUf2TH9l=ISE �nnnNppase-IDraft-Agreement— (versi9a&1-2944)-.dosx -- - Page 59 Vol. o>Z 2 Pg. '%i 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 13.9.1 In 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 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. C:\Users\Matt\ADDData\Local\Microsoft\Windows\Temaorary Internet Files\Content.Outlook\WHLPQ035\Phase V Draft Agreement -final (0031.docx��r.-•nri�niT ❑oµ ClrwioTuni i� oGnnnpo �or�„ ni pF�A� (vers 4).desx _. _.. _ -. --- i Page 60 Vol._ 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. O\Users%MatMppData\Local\MicrosoftlWindowslTemporary Internet Files\Content Outlook\WHLPQQ35\Phase V Draft Agreement - final (003).docxF �o; n„6,RFMODG_�.,a n.,...,,.,,e..� _ J Page 61 Vol. ���__ pg % 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. C:\Users\Matt\ApoData\LocakMicrosoft\Windows\Temporary Internet Files\Content.Outlook\'NHLPQQ35\Phase V Draft Aoreemont - Flnal(0031.docxF4Qv4kCl-[FNT-FII-P&r—QURT 4OUSi=RE-M9D€NRhase-4V-Draft-Agreement-- tVefSiaa e, 2e� ^"i."G Page 62 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 Court's approval of the Agreement as set forth in the minutes of the Court's meeting. C:\Users\MattW Data\Local\Microsoft\Windows\Tem ora Intemet Files\Content.Outlook\WHLPQQ35\PhaseV Draft Agreement - final (003).docxF:14" '%(i IDIT Fn Fc�CQ RTuniicF RFW)DE Phase ni DFA Ao�ppment- (versi� on,�� ....-- Page 63 F101 �a-- ---- ---- 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. Brazos County Judge 200 South Tx. Ave., Ste. 352 Bryan, TX 77803 APPROVED AS TO FO Assistant County Attorney X9111MLC9(s]: MADISOY CO STRUCTION, L.P. By: f%j'ZhW1 J049Y5 Title: Address: /z5 C:\Users\Matt\ADPData\Local\Microsoft\N/indows\Temoorary Internet Files\Content.Outlook\w HLP0035\Phase V Draft Agreement- final(003).docxFAGWACLIENT v IDFA Agrerp644— (�ecs'ren-04-2944).desx — — - Page 64 Vol. ��� Pg. TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2nd Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos Revised: 10/07/14 CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 11.68 Asbestos Abatement Worker 12.49 Carpenter 14.57 Concrete - Pour and Finish _ 13.78 Crane Operator 23.15 Driver 11.26 Drywall Installer 10.87 Electrician - Journeyman 18.96 Electrician - Apprentice 11.67 Elevator Mechanic -Journeyman 52.38 Elevator Mechanic - Apprentice 45.98 Fire Protection - Controls 12.80 Fire Protection - Pipefitter 19.30 Formwork Builder 11.31 Glazier 13.67 HVAC - Journeyman 18.74 . HVAC - Apprentice 11.87 HVAC - Controls 15.10 Insulator 12.00 Ironworker 14.09 Laborer/Helper 10.64 Mason 12.67 Equipment Operator -Light 11.60 Equipment Operator -Heavy 11.75 Painter 10.19 Pipefitter - Journeyman 24.29 Pipefitter - Apprentice 14.19 Plasterer 13.68 Plumber - Journeyman 23.99 Plumber - Apprentice 14.47 Reinforcing Steel Worker 10.80 Roofer 15.85 Stone Mason 14.60 Terrazzo Installer 9.76 Tile Setter 14.08 Waterproofer 12.17 Note: Listed minimum prevailing wage rate is the base hourly wage rate including fringes. Vol. _a�, -2 pg.._ _ RFP # 2016-021 Extension of Greens Prairie Trail )ry# Category Available Points Madison Stoddard Base Bid $ 5,879,000.00 $ 6,550,000.00 Alternate #1 $ 96,000.00 $ 126,000.00 Total Costs $ 5,975,000.00 $ 6,676,000.00 Unit Prices Concrete Roof Deck -3" $ 30.00 $ 150.00 Concrete Roof Deck -3 1/2" $ 35.00 $ 165.00 Metal Roof Deck- 1" $ 20.00 $ 150.00 Metal Roof Deck- 11/2" $ 25.00 $ 175.00 Treated Wood Blocking -2x4 $ 45.00 $ 35.00 Treated Wood Blocking- 2x6 $ 65.00 $ 40.00 Treated Wood Blocking -2x8 $ 80.00 $ 45.00 Treated Plywood $ 150.00 $ 80.00 Time to Substantial Completion 630 Days 420 Days Start Time 15 Days 30 Days Subcontractors Electrical Dowling Electric Dailey Electric Mechanical Mesa Mechanical Mesa Mechanical Plumbing Udelhoven Udelhoven Plumbing Millwork Howard -McKinney Keystone Millwork Network Cabling Carroll Systems Tem Technologies Audio/Video Avinext Avinext 1 Costs 40 40 36 2 Subcontractor Experience 15 15 15 3 Proposer's Reputation on Similar Projects 25 21.7 21.25 4 Ability to Perform 20 20 20 Total 96.7 '600 days proposed, but 30 days added during negotiations to allow for freight elevator jack replacement on a separate contract that affects Madison's project duration. RecommendedA and: D Signature: Pg rol. 92.0 Brazos County Courthouse Renovation - Phase V Request for Proposal # 2016-144 ■ ■E Mm MADISON CONSTRUCTION, L.P. Madison Construction, L.P. Courthouse Renovation- Phase V Request for Proposals # 2016-144 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Ste. 352 Bid No.2016-144 Bryan, Texas 77803 Page 1 of 19 pages Telephone (979) 361-4292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Thursday, December 17, 2015 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 in the Administration Building Auxiliary Courtroom located in the Brazos County Administration Building, 200 South Texas Ave, Ste. 126, Bryan, Texas 77803 at 2:00 p.m. on Wednesday, December 9, 2015. Release of RFP...............................................................Tuesday, November 24, 2015 Advertisement Dates........................................................Tuesday, November 24, 2015 Tuesday, December 1, 2015 Pre -Proposal Conference............................Wednesday, December 9, 2015 at 2:00 p.m. CST Deadline for Questions...................................Friday, December 11, 2015 at 5:00 p.m. CST Proposal Submission Deadline ......................Thursday, December 17, 2015 at 2:00 p.m. CST Review/ Contract Evaluations/ Negotiations .....................................................December Anticipated Award........................................................................December/January Anticipated Construction Start .......................................................................January A. PROCURF,NIENT DELIVERY Brazos County will follow the Texas Local Govcmmcnt 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 wilt 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. Vol. �� rl— Ng, s z/ _ 1 Madison Construction, L.P. B. SUDIMARY OF WORK This project consists of the renovation multiple courtrooms and associated office suites, upgrade of the FIVAC in affected areas and addition of fire sprinkler systems throughout remaining areas of second and third floors not previously renovated. C. ALTERNATES See the plans and specifications for additional information #1- Concourse Flooring 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 State Constitution and Laws. C. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor 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. Proposals must be received by the Purebasine Department prior to the time and date specified. 4_ The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 21 Page Madison Construction, L.P. 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. 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. Experience of subcontractors on similar projects 15% c. Proposer's reputation with similar projects 25% d. 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 3Page P9 S6' Madison Construction, L.P. 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 trust show full company name mailing address and telephone shall appear in each space provided The Contractor must include Emplover 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 Exhibit A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 21. Proposers must comply with the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. 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 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. 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. 24. 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. 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 4Page [VO►. a 372-p:g � 7 __ G Madison Construction, L.P. 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. SPECUL PROVISIONS I. Contractors with questions regarding the proposal should submit them in writing via the Brazos Valley Online Bidding System at https:/ibrazosbid.cstx.gov. 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Thursday December 17 2015 The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos County web site https://brazosbid.cstx.gov. The proposer must put the proposal number and name on the front of the envelope before delivering 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 no more than 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. 7. 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. 8. 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. S�Page Evol. 3 Z . Pg. -1 Fa Madison Construction, L.P. 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 properly by the Contractor or its representative(s). 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 part of it are confidential, as proprietary information, (s)hc 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 concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. E01 �.��_ --T-10 6 1 Page J� / Madison Construction, L.P. 3. Marking your entire Proposal CONFIDENTIALIPROPRIETARY is not in conformance with the Texas Public Information Act. G. 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 Coun 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 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 rejection 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 fun 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 the question deadline. 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. 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. 71Page Madison Construction, L.P. 5. All addenda must be acknowledged on this form. 1. Examination of Documents and Requirements 1. 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. Taxes Brazos County is tax exempt. Tax exemption certificates wilt 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. 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. 8Page Vol. ���_ F'9• � � ', Madison Construction, L.P. 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 au 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 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) 9Page Madison Construction, L.P. 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 efinitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreernent )TWCC-81), TWCC-83, or• TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in section 406.096 (of the Texas Labor Code= includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable 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 rnust provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 101 Page IV ol. _��_-�--� � I' Madison Construction, L.P. (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall note the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 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. 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 statuutory requirements of Texas Labor Code, Section 401.011 (44) far all of its employees providing services on the project, for 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 for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prim to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor., (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 11 Page FO 72 -P ______ -� Madison Construction, L.P. (5) 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 known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF TNSURA-NCE 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. 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 121 P a a e Madison Construction, L.P. 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 wam 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. 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 from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: 13 1 Page a. 0 Madison Construction, L.P. 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. 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, ctc., 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 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. 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 parry 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 14 Page Vol. __0'2 Madison Construction, L.P. 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. INT 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. Q. Proposal Submittal 1. The Contractor shall submit the proposal on the fomes 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, their name must be signed by them or their 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 six (G) copies of the proposal to Brazos County. The original must contain all of the required information including pricing. The copies must contain all of the required information, but the pricing may be omitted. 4. The complete proposal should include the following: a. Completed and signed RFP. b. Contractor's Qualification Statement (AIA Document A-305 or equal) 15 Page vol. o� Jo2 pg. -L%- Madison Construction, L.P. C. Bid bond, certified check or cashier's check for 5% of the total bid amount d. Completed Bid Proposal Form 5. By signing the certification below, the vendor verifies that all plans, special conditions and specifications have been reviewed and are considered in the pricing attached. R. List of Subcontractors: �A 2. Mechanical meta /0",111c,03 'ny I 61t1[a l 3. Plumbing uU e, ( h oy 6l, 4. Millwork t w�tYGi 5. Network Cabling (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) �µYro �+._5 1 [ 6. AudioNideo (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) A-Vihe7c'1" S. Priciniz 1. Base bid: S .5 ,b'77, �l `% , 0 00 Base bid price in word format: Rye - 0H.11 2. Time to substantially complete (99%) base pr4pos work: L Do days Number of days in word format: 3. From award by Commissioners' Court and receipt of the purchase order respondent can begin work in 15- days Number of days in word format: i= i F+t_� Dc,..ls Alternate 1. Concourse Flooring: $�6r 0n' " Unit Pricing The following unit prices shall include all labor, material, plant, equipment insurance, overhead and profit to cover the finished work of the kind called for. 161 Page Vol. �� Pg. Madison Construction, L.P. 1. Concrete Roof Deck: If repairs to the existing concrete fill on metal form deck is required due to deterioration, the following price per square foot for removal for the existing concrete and replacement with 3,000 psi normal weight concrete with #3 bars at 12" o.c.e.w., will be used for contract adjustment. a. For 3" thickness $ 3D' /SF complete. b. For 3 1/2" thickness $ 35 - /SF complete. 2. Metal Roof Deck: If the existing metal deck is required to be replaced due to deterioration, the following price per square foot for removal for the existing metal deck and replacement with 22 gauge galvanized steel deck (profile to match existing deck) will be used for contract adjustment. a. For 1" thickness $ 2.a /SF complete. b. For 1 Yz" thickness $ ASS /SF complete. 3. Treated Wood Blocking: If any existing treated wood blocking is required to be replaced due to deterioration, the following price per ten (10) lineal foot for removal for the existing damaged blocking and replacement with new treated wood blocking (profile to match existing blocking) will be used for contract adjustment. a. 2 x 4 blocking S pi's' /for 10 LF complete. b. 2 x 6 blocking St?,/for 10 LF complete. c. 2 x 8 blocking $ 80' /for 10 LF complete. 4. Treated Plywood: If the existing treated plywood is required to be replaced due to deterioration, the following price per 4' x 8' sheet of treated plywood for removal for the existing damaged plywood and replacement with new treated plywood will be used for contract adjustment. a. For 3/a" thickness $ /4' x 8' sheet, complete. 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. 171 Page E7� -Pg �� STATEMENT OF AFFIRMATION "The undersigned affirms that he/she 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 Brvan. TX 77802 Proposer's Name: Michael R. (ones Position/Title: President Proposer's Deco ........ ...... .. Subscribed and swom tome on this 171 day of December in the year 2015 �,, $w��;%a• SHARON K. POLAK M Commission expires March 19 2016 _: My p — i -r:^_; Notary Puhlic, State of Texas My commission Expires Match 1 9, 2016 U. Addenda The undersigned acknowledges receipt of the following addenda issued during the time of Bidding and includes the changes therein in this Proposal. No. 1 No. ;L No. Date wee. 1� t 2a —5 Date -Dee -AS , Z6 5 Date 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 communicated to any other Contractor prior to the official opening. Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and 18 1 Page ILI �3_�Z Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, http://,Aww.epls.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://"-w.epls.gov. Signed By0 y Title: President Typed Name: Michael R tones Company Name: Madison Construction, L.P. Phone No. (979) 268-5520 Mailing Address: PO Box 3787 Bryan TX 77805-3787 P. O. Box or Street City State Zip Employer Identification Number: 74-2743961 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. 2016-144 By signing below, Brazos County agrees that this RFP 2016-144 will be awarded to the vendor whose name appears above, s agr o the terms con itions contained herein. By: Brazos County Commissioner's Court 19 1 Page Brazos County Courthouse Renovation Phase V Request for Proposal# 2016-144 SIMILAR REPRESENTATIVE PROJECTS ■ MADISON CONSTRUCTION, L.P. Similar Representative Projects Similar Representative Projects Name and Location of Project: Allen Academy Redevelopment - Bryan. Texas Owner Reference Contact: Name: Texas Private School foundation Contact: Stephanie Malechek Telephone: (979) 776-1111 Architect/Engineer Reference Contact: Name: SHW Group. LLP Contact: Gloria Barrera Telephone: (713) 877-0900 Name and Location of Project: TAMUS I uedecke Cyclotron Building Fxnansion - College Station Texas Owner Reference Contact: Name: Board of Regents of The Texas A&M University System Contact: David Wilkinson Architect/Engineer Reference Contact: Name: Paul Anthony +Associates_LLC Contact: Paul Sanchez Name: Jackson Galloway Associates PLLC Contact: Bob Galloway Name: HKS Inc Telephone: (979) 458-7043 Telephone: (210)375-7700 Telephone: (512)_474-8085 Telephone: (214)969-3161 Name and Location of Project: Jane Long Middle School Renovations -Bryan, Texas _- Owner Reference Contact: Name: Bryan Independent School District Contact: Larry Blair Telephone: (9791450-2725 Architect/Engineer Reference Contact: Name: R L Payne & Associates Inc. Contact: Robert Payne Telephone: (979) 696-7272 MADISON CONSTRUCTION, L.P. Vol. j pg �l-=3 Similar Representative Projects Similar Representative Projects Name and Location of Project: Srhuhot Exotic Bird He-ilth Center - College Station Texas Owner Reference Contact: Name: Board of Regents of The Texas A&M University System Contact: Sam Wigington Telephone: (979) 845-9142 Architect/Engineer Reference Contact: Name: The Arkitex Studio Contact: Mike Record Telephone:, (9791 260-2 63 5 Name and Location of Project: Central Texas Sports Medicine- Bryan Texas Owner Reference Contact: Name: Brazos Valley Health Real ity 1. LLC Contact: Tyler Coats Telephone: (979) 823-8525 Architect/Engineer Reference Contact: Name: The Arkitex Studio Contact: Eva Read -Warden Telephone: (979j 821-2635 MADISON CONSTRUCTION, L.P. n 2, \/OI. __ c/ Pg Contractor's Qualification Statement Brazos County Courthouse Renovation Phase V Request for Proposal # 2016-144 on ■V MADISON -C-OINSTRUCTION, L.P. AIA Document A306T" -1966 AIA Document A305--1986. Copyright® 1964, 1969, 1979 and 1996 by The American Institute of Architects. All rights reserved. WARNING. This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce fen (10) copies of this document when completed. To report -cop yright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. lar VOI. _ d� _E Pg.. %� Contractor's Qualification Statement The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to, be.misleading. ' BRAZOS COUNTY SUBMITTED TO: Administration Building I: 200 South Texas Avenue, Ste 352 ADDRESS "Bryan, Texas 77803 This form is approved and Madison Construction, L.P. recommended by the American SUBMITTED BY (979) 268-5520 Institute of Architects (AIA) and Michael R. Jones The Associated General Contractors of America (Ace) for NAME Pfesident use in evaluatingng the the ..° t, qualifications of contractors. No P.O. Box 3787 endorsement of the submitting rl, . I Bryan, Teras 77805-3787 party or verification of the ' ADDRESS information is made by AIA or ,. 1640 Briarcrest Drive, Suite 125 AGC. OFFICE B.rY6 Texas 77802 PRINCIPAL r ,Corporation r. t , 7. ® Plrtnershtp �°:''• �.% ts ,, Individual -'Joint ,t Other' NAMEOFPROJECT (If applicable) Brazos County Courthouse Renovation — Phase V (RFP # 2016-144) �f TYPE OF WORK' (File a separate form for each Classification of Work.) C#cral Construction HVAC .D " Electrical Plumbing t • ❑ Other: (Specify) § 1.0 ORWIM A'TION • 1.1 How mauy,years has your organization been in business as a Contractor? i'§ 20 years AIA Document A305--1986. Copyright® 1964, 1969, 1979 and 1996 by The American Institute of Architects. All rights reserved. WARNING. This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce fen (10) copies of this document when completed. To report -cop yright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. lar VOI. _ d� _E Pg.. %� § 1.61f the form of your organization is other than those listed above, describe it and name the principals: § 2.0 LICENSING § 2:1 Listjurisdictions and trade categories in which your organization is legally qualified to do business, and indicate i.. " reeistratton or license numbers, if applicable. I' your organization's partnership or trade name is filed. that your organization normally performs with its own forces. Miscellaneous steel work Drywall (IV rhe answer to any bf th *testions bkloly is yes, attach details.) § 3.251 I -las your oYPganization ever failed to complete any work awarded to it? No t: t.*�"I`... § 3 2.2 Axe theleiiyjudgments, claims, arbitration proueedings or suits pending or outstanding against your d _.;• , '„organization or its officers? 3{Has your organization filed any law suits or requested arbitration with regard to construction contracts Ile "within the last five years? Not, 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? answer is yes, attach details.) pf. V.” No ` r:,13 4 On a sep" rate sheet, list major construction projects your organization has in progress, giving the name of pcolecI owner;; architect- contract amount, percent complete and scheduled completion. date. w..!'r:d L§ 3 4;1 .S tate total worth of work in progress and under contract;. $16,121,500.00 AIA Document A30511" —1986. Copyright ® 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. �— Vol. _,2.3 Z Pg.. 77 § 5.1.2 Name and address of firm preparing attached financial statement, and date thereof The Adam Corporation/Group One Momentum Blvd., Suite 1000 College Station, Texas 77845 i -§ 5.1.3 Is the attached financial statement for the identical organization named on page one9 Yes 1.4 If not, explain :Title +u+i II and financial responsibility of tlldorganization whose financial statement is financial statement is attached act as guarantor of the contract for construction? day of December 20 15. adison Construction, LP rri f fi' NY Michael R. Jones being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be * 'misleading. Subscribed and sworn before me this 17th day of December 2015. AK r+'a Not Public: Sharon K. Po �CL� 1J` SHARON K. ate of �, C x` 1 ,..(>, Notary Commission Slate of Texas 1�a' A-` My CommiSsian'Expires 1VIy;+cot_haussion expires: 3/19/2016 r„ Match 19, 2016 CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A305- —1986. Copyright @ 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this At A* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law Purchasers are permitted to reproduce ten (W) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. F____ --- __I Vol. �J'� P9._2 Qualification Statement 3.4 Current Major Construction Projects Current Major Construction Projects Name and Location of Project: First Baptist Church -Waxahachie, Texas ContractAmount: $945000 Percent Complete: 11% Projected Completion Date: lune 2016 Owner Reference Contact: Name: foe Grubbs Address: 315 N Rogers St Waxahachie Texas 75165 Architect/Engineer Reference Contact: Name: Design/Build -Matt Nash Address: 1640 Briarcrect Drive Suite 125 Bryan Texas 77802 Telephone: 19721937-1940 Telephone: J9791268-5520 Name and Location of Project: New Community Life Center for First United Methodist Church - Huntsville Texas ContractAmount: 57500 Percent Complete: Projected Completion Date: April 2016 Owner Reference Contact: Name: Dennis Reed Telephone: (936)295-5441 Address: 1016 N Sam Houston Ave Huntsville TX 77340 Architect/Engineer Reference Contact: Name: The Arkitex Studio Inc Contact: Eva Read -Warden Address: 308 N Bryan Avenue Bryan Texas 77803 Telephone: (9791821-2635 x 211 Name and Location of Project: New Automobile Dealership for Allen Honda -College Station Texas ContractAmount: $9,500,000 Projected Completion Date: December 2016 Owner Reference Contact: Name: Don Rice Address: 4302 Hyde Park Lane Bryan Texas 77802 Architect/Engineer Reference Contact: Name: Stephenson Architects Contact: Tim Stephenson Address: 262 lefferson Parkway Ft Worth Texas 76107 Percent Complete: Telephone: f9791777-0425 Telephone: (817) 737-8094 MADISON CONSTRUCTION, L.P. voj. 9- Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects -Past 5 Years Name and Location of Project: Adam Plaza (Exterior Repair & Finish) - College Station Texas Contract Amount: confidential$10+ Date Completed: December2010 Owner Reference Contact: Name- Adam Development Properties L.P. Telephone: (979) 324-7321 Contact: Steve Christian Address: One Momentum Boulevard Suite 1000 College Station Texas 77845 Architect/Engineer Reference Contact: Name: HKS Inc Telephone: (214) 528-9014 Contact: Kevin Clark Address, 1919 McKinney Avenue Dallas Texas 75201 Name and Location of Project: Crestview Phase I Redevelopment - Bryan Texas ContractAmount: $3,564,079 Date Completed: Seotembe_ r _2011 Owner Reference Contact: Name: MRC Crestview Telephone: (281) 363-2600 Address: 1440 Lakefront Circle 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 Improvements - Bryan Texas ContractAmount: $1,029,705 Date Completed: October 2011 Owner Reference Contact: Name: Brazos County Telephone: (979) 436-2716 Contact: Gary Arnold Address: 200 South 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. �3� . pg._/�� Qualification Statement 3.S Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: Brazos County Courthouse Renovations Phase 1 and 11 -Bryan. Texas ContractAmount: $4.259.912 Date Completed: April 2012 Owner Reference Contact: Name: Brazos County Telephone. f979) 822-2127 Contact: Gary Arnold Address: 200 South Texas Avenue Bryan Texas 77803 Architect/Engineer Reference Contact: Name: Patterson *Architects, Inc. Telephone: (9791 775-6036 Contact: Fred Patterson Address: 701 South Texas Avenue Bryan Texas 77803 Name and Location of Project: Stepping Stone School - College Station Texas Contract Amount: $929.417 Date Completed: May 2012 Owner Reference Contact: Name: Gardner Five Holdings -Private School Telephone: (512] 459-0258 Contact: lim Paver Address: 2801 Franciscan Drive, Brvan, Texas 77802 Architect/Engineer Reference Contact Name: Daniel Turner Address: 1910 Justin Lane Austin Texas 78757 Telephone: (512) 4590258 Name and Location of Project: New Sales Building Woodson Lumber - Groesbeck Texas ContractAmount: $1,690,000 Date Completed: lune 2012 Owner Reference Contact: Name: Burleson Holdings Ltd. Telephone: (979) S67-3212 Contact: Craig Blum Address: PO Box 419 Caldwell Texas 77836 Architect/Engineer Reference Contact: Name: Williamson Group Architects Telephone: (979) 775-1778 Contact: Leon Williamson Address: 106 East 26th Street Bryan Texas 77803 MADISON CONSTRUCTION, L.P. 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 ContractAmount: $506.902 Date Completed: December2012 Owner Reference Contact: Name: St. Joseph Regional Health Center Telephone: (9791 776-5340 Contact: Steve Crichton Address: 2801 Franciscan Drive Bryan Texas 77802 Architect/Engineer Reference Contact: Name: R L Payne & Associates Inc. Telephone: -(979) 696-7272 Contact: Robert Payne Address: 1509 Emerald Pkwy Suite 104 College Station Texas 77845 Name and Location of Project: TDI -Brooks International Inc. Laboratory Building - College Station Texas ContractAmount: $1.545.903 Date Completed: December2012 Owner Reference Contact: Name: TDI -Brooks International. Inc. Telephone: (9791693-3446 Contact: Dr. lim Brooks Address: 14379 S. Dowling Road College Station Texas 77845 Architect/Engineer Reference Contact: Name: The Arkitex Studio Inc Telephone: (979) 821-2635 Contact: Mike Record Address: 308 North B,yan Avenue Bryan Texas 77803 Name and Location of Project: Sterling Buick GMC and Cadillac Renovations - Bryan Texas ContractAmount: $696.606 Date Completed: April 2013 Owner Reference Contact: Name: Sterling Auto 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: (713) 664-7974 Contact: Wayne Alderman Address: 3801 Kirby Drive Suite 600 Houston Texas 77098 MADISON CONSTRUCTION, L.P. V01. ���- pg._ -B Z- Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: TAMUS Luedecke Cyclotron Building Expansion - College Station Texas Contract Amount: $3.075.226 Date Completed: May 2013 Owner Reference Contact: Name: Board of Regents of The Texas A&M University S sy tem Telephone: (979) 458-7043 Contact: David Wilkinson Address: P.O. Box 15812 College Station Texas 77841-5013 Architect/Engineer Reference Contact: Name: Paul Anthony+Associates LLC Telephone: (210)375-7700 Address: 6243 IH 10 West Suite 1010 San Antonio Texas 78201 Name: Jackson Gallows Associates PLLC Telephone: (512) 474-8085 Address: 2705 Bee Cave Road Suite 230 Austin Texas 78746 Name: HKS Inc Telephone: (214) 969-3161 Address: 1919 McKinney Avenue Dallas Texas 75201 Name and Location of Project: Remodel of the Brazos County Courthouse Phase In - Bryan Texas Contrac[Amount $3.981.577 Date Completed: lune 2013 Owner Reference Contact: Name: Brazos County Telephone: (979)822-2127 Contact: Gary Arnold Address: 200 South 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 Name and Location of Project: TDI -Brooks International Inc Administration Building- College Station 'Texas ContractAmount: $2.098.986 Owner Reference Contact: Name: TDI -Brooks International Inc. Contact: Dr. jim Brooks Address: 14379 South Dowling Road College Station Texas 77845 Date Completed: lune 2013 Telephone•. (9791693-3446 Architect/Engineer Reference Contact., Name: The Arkitex Studio Inc. Telephone: (979) 821-2635 Contact: Mike Record Address: 308 North Bryan Avenue Bryan. Texas 77803 MADISON CONSTRUCTION, L.V. Vol. Py. e� Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: Best Western Hotel - College Station Texas Contract Amount: S3,709,140 Date Completed: March 2015 Owner Reference Contact: Name: P+S Hoseitality Telephone: (5121 762-3557 Contact: Hatel Patel Address: 1724 Heath Drive College Station Texas 77845 Architect/Engineer Reference Contact: Name: Desig_nJBuild-Matt Nash Address: 1640 Briarcrest Drive Suite 125 Bryan Texas 77802 Telephone: (979) 268-5520 Name and Location of Project: Prolamsa Pipe & Tube Mill (Axis) - Bryan Texas ContractAmount: $2,292,902 Date Completed: December 2014 Reference Contact: Name: H&M Construction Co Inc. Telephone: (731) 660-3114 Contact: MattFite Address: 50 Security Drive Jackson Tennessee 38305 Architect/Engineer Reference Contact: Name: H&M Construction Co Inc Telephone: (7311660-3114 Contact: Matt Fite Address: 50 Security Drive Jackson Tennessee 38305 Name and Location of Project: Bouvea Office Finish Out - Denver Colorado ContractAmount: $420,000 Date Completed; August 2015 Owner Reference Contact: Name: Bouvea & Associates Inc. Telephone:J8601 868-4500 Contact: Barbara Bouyea Address: 5 Green Hill Road # 2 Washington Connecticut 06793 Architect/Engineer Reference Contact: Telephone: (303)_399-9100 Contact: Tia Jenkins MADISON CONSTRUCTION, L.P. Voll 30? _ Pg. a' Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project Brazos County Courthouse Renovation -Phase IV - Bryan Texas ContractAmount $5.900.000 Date Completed: May2015 Owner Reference Contact: Name: Brazos County Telephone: (979) 822-2127 Contact: GaryArnold Address: 200 South 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 Hrvan Texas 77803 Name and Location of Project: New Modular Fabrication Facility (Chemex) -New Waverly Texa ContractAmount: $4.396.752 Date Completed: September 2015 Owner Reference Contact: Name: Cowhouse Partners LLC Telephone: (936)_577-5889 Contact Steven Rios Address: 2722 IH 45 South New Waverly 77358 Architect/Engineer Reference Contact: Name: Hawkins Architecture Telephone: (979) 693-3179 Contact: Andrew Hawkins Address: 7607 Fastmark Drive # 200 College Station Texas 77840 Name and Location of Project Central Texas Sports Medicine -Bryan Texas ContractAmount: $6,309,777 Date Completed: October 2015 Owner Reference Contact: Name: Brazos Vallee Health Realty 11 LLC Telephone: -(979) 823-8525 Contact: Tyler Coats Address: 318 North Bryan Avenue Bryan Texas 77358 Architect/Engineer Reference Contact: Name: TheArkitexStudio.Inc. Telephone: ,(979) 821-2635 Contact: Eva Read -Warden Address: 308 North Bryan Avenue Bryan Texas 77803 MADISON CONSTRUCTION, L.P. Vol.$�-- Qualification Statement 3.5 Major Projects Completed Past 5 Years Major Construction Projects - Past 5 Years Name and Location of Project: New Feed Mill Warehouse - Bryan Texas ContractAmount: $2.100.000 Date Completed: November 2015 Owner Reference Contact: Name: Producers Cooperative Association Contact: fames Deatherage Address: 1800 North Texas Avenue Bryan Texas 77802 Telephone: _(979) 778-6000 Architect/Engineer Reference Contact: Name: Nathan Winchester Designs Telephone: (979)_823-4039 Contact: Nathan Winchester Address: 201 North Main Street Bryan Texas 77803 MADISON CONSTRUCTION, L.P. Vol. PCJ� Qualification Statement 3.6 Key Individuals Key Individuals Donald A. Adam Chief Executive Officer Principal adam fa) ad amcorp o ratio n. co m 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 m r i o n e s ft m a d i s o n- co n s t ru c t i o n. c o m Mr. Jones graduated from Texas A&M University in 1976 with a Bachelor of Science in Building Construction. His 39 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 mysnwoltna madison-construction.com Mr. Synwolt's 36 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 iodv@rfiadison-construction.com Graduating from Texas A&M University in 1977, Mr. Quimby has spent the last 38 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 irp(mmadison-construction com A 1971 graduate of Texas A&M University, Mr. Patraneila's experience includes managing a commercial and industrial division of a medium size general contractor (R.B. 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. eZ Z . Pg. S 2._. ■ m MADISON CONSTRUCTION, L.P. CONTRACTOR'S FINANCIAL RESOURCES INFORMATION Madison Construction, L.P. Bryan,Texas Attachment: Madison Construction, L.P.'s Unaudited Financial Statement dated September 30, 2015. Notes: 1) Madison's unaudited financial statement is attached. When reviewing this statement, please understand that Madison Construction, L.P. is a wholly owned subsidiary of The Adam Corporation/Group. All cash for Madison Construction, L.P. is managed at the corporate level. 2) Due to the financial strength of The Adam Corporation/Group, Madison's bonding company NAS Surety Group does not require audited financial statements of Madison Construction, L.P. for bonding, thus Madison does not have an audited financial statement. 3) Also, please contact Madison's bonding agent, Joshua R. Loftis of Cobb Strecker Dunphy & Zimmerman, Inc. at (612) 349-2467 for any questions concerning Madison's bonding capacity. Please contact me if you have any questions concerning Madison's financial ability and I will provide information to answer'any questions you may have. Thank you for your consideration for this project. Sincerely, MADISON /COONSTRUC ION, L.P. Michael R. Jones President 1640 Briarcrest Drive • Suite 125 •Bryan, Texas 77802 - P.O. Box 3787 • Bryan, Texas 77805-3787 FAX 979-268-6022 • 979-268-5520 -- w .MadisonConstructionTexas.com 1 39 -VO ol9 __ Qualification Statement Financial Statement Assets Liabilities MADISON CONSTRUCTION, L.P. Statement of Financial Conditions (Unaudited) For the Year End September 30, 2015 Cash Receivables Other Assets Net Fixed Assets $ 548,506 2,822,991 4,419 16,186 Total Assets $ 3,392,102 Total Liabilities 2,117,261 Total Equity 1,274,841 Total Liabilities & Equity $ 3,392,102 Vol. _; I� p9.--8,7— Qualification Statement Financial Statement Statement of Operations (Unaudited) For the Year End September 30, 2015 Sales $ 18,796,260 Cost of goods sold (15,869,396) Gross profit 2,926,864 Other Income Total Income Expenses Compensation Occupancy Depreciation Transportation Professional fees Property tax Other expenses Total expenses Net Income (loss) MADISON CONSTRUCTION, L.P. 3,678 2,930,541.67 812,737 84,328 5,284 1,355 9,123 2,393 237,787 1,153,008 $ 1,777,534 Qualification Statement REFERENCES Owner/Architect References Credit References Mr. James Deatherage American Momentum Bank PRODUCERS COOPERATIVE ASSOCIATION One Momentum Blvd. (979) 778-6000,(979) 778-0243 College Station, TX 77845 jwd@producerscooperative.com Mr. Frank Varisco (979) 774-1111 Mr. Niels Jensen Woodson Lumber Co. (979) 571-3420, no fax number PO Box 3950 niels.jensen@aggienetwork.com Bryan, TX 77805 Ms. Linda Gaas (979)567-3212 Mr. John Duncum (979) 204-1491, no fax number CMC Construction Services Johndu8207@gmail.com 9103 E. Almcda Rd. Houston, TX 77054 Ms. Velva James (713) 799-1150 Mr. Craig Blum BURLESON HOLDINGS, LTD (979) 567-3212,(979) 567-7061 Praxair (flea Boteo) cblum@woodsonlumber.com 812 South Bryan St. Bryan, TX 77806 Ms. Maureen Mr. John Jordan ROSEROCK We -Rent -It (9790 823-8525, (979) 823-8521 PO Box 5449 jjordan@roserock.co Bryan, TX 77805 Ms. Sherry (979)822-3765 Mr. Mike Record THE ARKITEX STUDIO (979) 821-2635, (979) 775-8224 msr@arkitex.com MADISON CONSTRUCTION, L.P. � Vol. a 3� THE AMERICAN INSTITUTE OF ARCHITECTS Il AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Madison Construction, L.P. 1640 Briarcrest Dr Suite 125 Bryan, TX 77802 as Principal, hereinafter called Principal, and Washington International Insurance Company 475 North Martingale Road, Suite 850 Schaumburg, IL 60173 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called Surety, are held and firmly bound unto Brazos County 200 South Texas Avenue Bryan, TX 77803 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% ), 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 (Here insert full name, address and description of project) Brazos County Courthouse Renovation Phase V # 2016.144, 300 East 26th Street, Bryan, TX 77802 NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, 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. Signed and sealed this 17th day of December , 2015 . Madison Construction, L.P. (Sea!) (Witness) T e) Michael R. Jones President q� �( Washington International Insurance Company r-�Y) (Sea!) (Witness (Title) n E. Tauer, Attorney -in -Fact Vol. 02✓7� Pg._ '2, _ LIMITED PARTNERSHIP ACKNOWLEDGMENT State of Texas ss. Countyof _S'r&zzS On this 17th day of December , 2015, before me personally appeared Michael R. Jones to me known who being by me duly sworn, that he/she is the President of Madison Construction. L.P the Limited Partnership described in and which executed the foregoing instrument, and that he/she signed his/her name thereto by order of the Board of Governors of said Limited Partnership. r^ SHARON K. POLAK, �I ='tPi V e` Notary Public, state of Texas Notary Public Va-tns County, '7[74-s -. - My Commission Expires My commission expires Lkrc_-, Lor ZOtt. Lf,t,t;,•• March 19, 2016 ACKNOWLEDGMENT OF CORPORATE SURETY State of Minnesota ss. County of Hennepin On this 17th day of December , 2015, before me appeared John E. Tauer to me personally known, who being by me duly swom, did say that (s)he is the Attomey-in-Fact Of Washlnaton International Insurance Comoamy a corporation, that the seal affixed to the foregoing instrument is the corporate seat of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said John E Tauer acknowledged said instrument to be the free act and deed of said corporation. ✓` -.�, SANDRA M DOZE Notary Public R l n County, %itAe'U�P So -zL _ NOTARYPUSLIC-MINNESOTA My corrunission expires �- My Commission Expires Jeauary31, 2021 Vol. _,A Z-2 Pg._93 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: R. W. FRANK, R. SCOTT EGGINTON, JOHN E. TAUER, CRAIG REMICK. JOSHUA R. LOFTIS, TINA L DOMASK, ROSS S. SQUIRES, LINDA K. FRENCH, RACHELTHOMAS, NICOLE STILLLNGS, SANDRA hl. DOZE, JOHN W. WALSH. BETSY W RICHT, JEROME T OUIMET, KURT C. LUNDBLAD, JACK CEDARLEAF H. D. R, DOUGHERTY, BRIAN I. OESTREICH. LIN ULVEN, EMILY KEISER, TED JORGENSEN. MELINDA C. BLODGETT. and R.C. BOWMAN JOINTLYORSEVERALLY Its true and lawful Adomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and (held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney cr certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." lannnnun /�/�OW �gQ OPPdi4G \ — vPRFq K'f.. By !Acen SIAL .n= slP.Anderson, senior Vrte Prrddrnt of Wvhingwn to, vrmnunal lmmsunot Company =W12 1873 W1 & senior Vire President of Nerth American Specisay Insurance Company O ;' ll P; n 5 9igi 6'ON a ANd Sp\\ �•ypyhkµtfs,':%.y'Dp fit llnlall�� B Jlichael A, Ili, a,or ce ire cora ae ,nglan Jmemmia�nmlrmrr eompinY �1hu,W�� . & Senlor Vice PrmiJent of Norah Ameriten Specbhy Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to he signed by their authorized officers this 12th day of May 2015 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this l2th day of May , 2015 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIALSEAL M KENNY NOT0.flY R1BUC.STAIE OFIWt401S M. Kenny, Noury Public MY COMMISSION EXPIRES 19/0412017 I, Jeffrey Goldberg he duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a We and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 171h day of December 12015 lefrmy Goldberg, Vice Nerdent & Aesismm Sart., or Washington In•,emwional Insurance Company & North American speciahy Insurance Comryny va Pg" 941 PTERSON )NET TS 15outh Tens Ave. ryan, Teas M03 979-775-6036 —..pat.6x.m 19 January 2016 Mr. Charles Wendt, Brazos County 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 RE: Brazos County Courthouse Renovations, Phase V Project Number: 2010-2831 Change Order #7 Dear Charles, "-� Jain 22'Zp16 ` Patterson * Architects is would like to present this revision to our original proposal dated 13 January 2009 for Basic Architectural and Engineering Services for the change to the Constriction Cost after the bidding phase was completed. Our feeds based on ten percent of the construction cost. Our proposal for Phase V was based on a construction cost estimate of.$6,778,750.00 and $293,000.00 for design of a future district courtroom. The proposed construction cost from Madison Construction after the bid phase is $5,975,000.00 including alternates - Using the above construction cost, our fee will be adjusted which will provide a credit to Brazos County for $83,002.00 for Architectural and Engineering Services. See attached spreadsheet for the calculations. We sincerely, appreciate the opportunity to submit this revision to our proposal and look forward to continuing the work on this project and for Brazos County. Sincerely, "t'a' Barbara Patterson Allied AIA President , CC file County Judge yYta(iing a diff Vol -I _ Pg. �� 6), design. n / / 2 Fd / % E \ ) \ \ \ \ 00 / \ \ \ Oc / \ .� / R\ u \ / CD CD ) \ LO 06 k \ \ / \ \ % # { 0 y N / § \ \ � � \/ ( w\ .e 2@ ;2 \0/A %u / 2 Fd / § % E \ /co \ \ \ \ 00 \ \ \ § \ \ \ \ \ \ \ § V O C y O O O 00 � £1 ` vl O O O 3}y 9) j,y Yjif u oo 'o ila Y ✓ ch ]s 0 I C R Pv U N O "�6 L O N v. _ o � Ol ? a pr..• � IN {� 7 ! C C r p ,.�' G ti � t.�l 2 'L _ 1 � � x �1 s� F `J: C. ru V Z L v to O o 0 QUIET ZONE IMPLEMENTATION PLAN FOR GREENS PRAIRIE TRAIL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 Contract No. 2016-160 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 3614294 GENERAL REQUIREMENT FOR CONTRACT 1, I M(t /'Nti()V&t as a duly authorized representative of GTG I,nc . "Contractor" willingly attest to perform (or deliver) as per scope of work also known as Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES 'Be quantities specified in this agreement are estimates only. Brazos County docs not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. Eol. --- - - Contract Continuation. Sheet Contract No. 2016-160 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must he provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos 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 Brazos County of any and all documentation as may be required. ADDITIONIMODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to Add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change maybe treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor, When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract, Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. Contract Continuation Sheet Contract No. 2016-160 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local tares unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax )exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262,021 el seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an. offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and. Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that coil usion.exists among the offerors.. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and afterrthe:bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. V � 3� F'g. /a0 _ Contract Continuation Sheet Contract No. 2016-160 BRAZOS COUNTY, TEXAS Page 4 of'/ Pages SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item hid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terns therein, including warranties Of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor/Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (.such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) Iaiver of subrogation is required. (2) Commercial General Liability Insurance with a $000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made ,policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shalt not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. vol.- �✓j� _._ Pg.. _ /a�� Contract Continuation Sheet Contract No. 2016.160 BRAZOS COUNTY, TEXAS Page 5 of 7 Pages LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGESIWAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos 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, Brazos 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 Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shalt be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR CONTACT INFO: Name: Phone tel<.LA4q ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. F =oS✓_� p ,De Contract Continuation Sheet Contract No. 2016-160 BRAZOS COUNTY, TEXAS Page 6 of 7 Pages FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same tern or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under tris contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decreeP/and eo-much-of-the-money-due-the.said-Gontrnetor-under-and-by-vietti"f-his- conttect-as-shall-be-mum idered-necessar3-by-Braeos--Gounty-may-be-rstained-for-the-use-of-Brezos- County or -in -case iro'mmreyis-due his-soYetites-shall-be-held-unt,il-suit-or suits; action-or-aetionsrelaim• Apelaims-for-n jmy or`damages-o-aforaffr'd-shal}-have-bem-gett'red-mit-saiisfactory-evidence-to-that Contract Continuation Sheet BRAZOS COUNTY, TEXAS Contract No. 2016-160 Page 7 of 7 Pages effect-ftmnished-Brazes-ecunty. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause resulting from negligent acts or omissions of the Contractor or persons employed by the Contractor. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. Signed By: _7�(�j� 0G<+G>~ Title: 1992 Typed Name: Company Name: G�G 0 i r7 e- . Phone No. $1 T— e'Fr6 F7-15 Email Address:NG�e/ GtG%hG Gor'h Mailing Address: City Employer Identification Number! '112-`173vO7k 7(�lllo Zip Social. Security Number: /� Appr c by Commission's 'ourt on this �n day of Ci [�%� , J016 by the position of LL A E)CK b\ + � , 1 O'A C 1 Cinc September 23; 2015 Mr. R. Alan Munger County Engineer Brazos County Road and Bridge 2617 Highway 21 West. Bryan, TX 77803 RE: Quiet Zone Implementation Proposal for Brazos County, TX Dear Mr. Munger, CTC, Inc. is pleased to submit this proposal to assist the Brazos County with the implementation of a proposed quiet zone at Greens Praide Trall and Drake Drive which includes three existing and one proposed crossing on the Union Pacific Railroad near College Station, TX. Scone of Services our proposed scope of services will consist of the following work tasks: 1. Attend Kick Off meeting and prepare meeting minutes 2. Participate in status meetings and provide project updates 3. Conduct On -Site Inspection to confirm proposed improvements 4. Analyze quiet zone options using FRA calculator and present options to;Cdy for approval 5. Coordinate, prepare documents, and conductdiagnostic team field review onsite ,F 6. Prepare Notice of intent (NOI) for City submittal 7. Prepare response.for City to NOI comments a. Conduct final inspeGion prior to quiet zone establishment .a r 9. Prepare Notice of Establishment (NOE); assist City in submittal of NOE 10. Provide Railroad and FRA coordination 11. Project management, accounting and administration Fee for Services We propose to complete these services for a fee not to exceed $23, proposal worksheet which.includes our rates for consulting services.l an actual time and expense basis. Our terms are net 30 We appi4 provide this proposal. If you have any questions or need add)tionai'ini hesitate to call. Sincerely, r l i"liuhe✓i'i Kurt Anderson ;aching our ' monthly on Wunity 30 viol.3� - Pg° OS Description: Engineering Services related to Quiet Zone Implementation for the City of College Station, TX at UPRR at Greens Prairlo Troll and Drake Drive Crossings [[t.,yry.Jv'R: MTeLa Yi\:5.�ti.�: '. r'.RR. S�i y/Rr'tw Y L .S 4C.w..✓ WJ[< YY '.\PNLarIN J',fiwi4': Q4tl lmn n Iva lem �wY...o.. �ro na liluo tl vi. W 4tip.Ytl MF. r�Ym miV.� 'J II`.l u cno a IW I!A [evC w.rtr.NMWdYM •Y.Yr a vw uM reW e w m wo m1M Cu.}n ptlsYquV.d CV.t o. Fp4.e� m-k�lmbaMwni.s.Fwt�+� —1] 4yir (er b.1Ymv vvV lM M ao�.�+1.w .N T!\cw.. rrGd Wm/b.m Nim mqW !w•ne. Vw�. [r4V Onn�u mYC n+.n Fw'.Ygr.t_ w. nr\ ynp.. •p rep.p.. wp-n. v mrv��[. �nar� q m: � Ynr' n r:p. GHn Ibi wu N.rv.W' Cw+'F.ary IM mr.rw. e t¢ ram m. �Y.w� w n,.L F...Yelwl.n v WFµwe>n. v,�... r..v e e nuY.w aon b c41 o.4..tl e E.Yi n,.r��N:fIMN e way ��....o.�tl.,..,d.... e m +i��• ttY \ .m.a.Y.4✓��N+r \Mmt.Yro) I:W M.L. n>Mw,nl 1 KVW 1 tdSC Jmi.rvM.ry. \ 1MM loY1M�4rw� 1 ]]IIa IeiJ l.bat lIIl?f ipY .a[[.M'v.• � Ih0 SAldJ gvrtl(w \}f at4 G,wb FFh fPnv lv.a].trpn .lTl Uw pml-t FN ]]1,110 Vol. _��� arvyn• 0 UW W s..a rvow Y...e. n Iva lem �wY...o.. �ro na liluo S.nylfrpM 'J II`.l u cno a IW I!A ♦,�,n.a a vw uM reW e w m wo m1M +i��• ttY \ .m.a.Y.4✓��N+r \Mmt.Yro) I:W M.L. n>Mw,nl 1 KVW 1 tdSC Jmi.rvM.ry. \ 1MM loY1M�4rw� 1 ]]IIa IeiJ l.bat lIIl?f ipY .a[[.M'v.• � Ih0 SAldJ gvrtl(w \}f at4 G,wb FFh fPnv lv.a].trpn .lTl Uw pml-t FN ]]1,110 Vol. _��� 'CTC. September 23, 2015 Mr. R. Alan Munger County Engineer Brazos County Road and Bridge 2617 Highway 21 West. Bryan, TX 77803 RE: Quiet Zone Implementation Proposal for Brazos County, TX Dear Mr. Munger, CTC, Inc. is pleased to submit this proposal to assist the Brazos County with the implementation of a proposed quiet zone at Greens Prairie Trail and Drake Drive which includes three existing and one proposed crossing on the Union Pacific Railroad near College Station, TX. Scope of Services Our proposed scope of services will consist of the following work tasks: 1. Attend Kick Off meeting and prepare meeting minutes 2. Participate in status meetings and provide project updates 3. Conduct On -Site Inspection to confirm proposed improvements 4. Analyze quiet zone options using FRA calculator and present optionstto City for'apphoval 5. Coordinate, prepare documents, and conduct diagnostic team field review onsite 6. Prepare Notice of Intent (NOI) for City submittal 7. Prepare response for City to NOI comments 8. Conduct final inspection prior to quiet zone establishment 9. Prepare Notice of Establishment (NOE); assist City in submittal of NOE 10, Provide Railroad and FRA coordination 11. Project management, accounting and administration Fee for Services We propose to complete these services for a fee not to exceed.$23,4.1.0:.1 am,attaching,our proposal worksheet which includes our rates for consulting services. Billing will be monthly'on an actual time and expense basis. Our terms are net '30. We:appreciate the. opportunity:to. ' provide this proposal. If you have any questions or need,additional information, please do, not hesitate to call. k Sincerely, Kurt Anderson Vice President and General Manager i. ,wvnv:ciano.com 1 VOL.-��' � r.,, /G \ 3 \vol. \ { 4 \ ) | \ ! ). ) ul _ _ \ )�. } \. } \. ) § ® G! / /eI,} g I !! !i /|41 © ! ^ \] / um � /| / \vol. \ { \ | \ ! ul / 9 )�. 10 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: February 9, 2016 SUBJECT: Utility Permit — Peach Crossing Homeowners Association Consider and take action on the Peach Crossing Homeowners Association utility permit on Peach Crossing Drive located 75 feet East of Peach Creek Road. Work consists of boring a distance of 70 feet under Peach Crossing Drive for a 3 inch electrical conduit for lighting to the entrance of subdivision. Line will be a minimum of 36 inches under the roadway ditch. Site is located in Precinct 1. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Lloyd kassermann Commissioner Precinct 1 This request is APPROVED / ❑ D by Commissioners' Court I Duane Peters, County judge DATE: lzlq/i APPLICATION FOR ELECTRICAL UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.044, comes now Peach Crossing Homeowners Assoc [company name], hereinafter referred to as "Company" a [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 approval of the location to lay, construct, maintain, repair and/or operate lines 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 Jacked Cased Aerial Peach Crossing Drive 70 feet X entrance Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From I To Distance 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 59 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 601" day, Company will be required to apply for a new permit. Company declares that prior to beginning construction/work, it will 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 thejob 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 SAFETY AND ROAD PRESERVATION STANDARDS 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 (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc based upon its failure to comply with Brazos County requirements. 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, orfor any otter reason deemed sufficient by Brazos County. In the event Company jails 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, including injunctive relief. The County Engineer further retains the right to revoke this Permit by verbal notification to Ute 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 I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Peach Crossing Homeowners Assoc. Company Name Lisa Marie Fridrich By: _ Signa use HOA Board President Title 1774 Early Amber Address College Station TX 77845 City State Zip Work (979) 764-1304 or cell (979) 595-3030 Telephone Number lisafridrich@pmail.com Email 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 except as noted below: EXCEPTIONS: (Month/Day/Year) �� Brazos County Engineer EV01. Pg-LM�- i I WFlTER Ma I l L'Q 91v!SSUZi�!-I�IiJ� LVI li w sa`y c!:�a •'.. : tr ^✓ts:. ♦' v..an• rmnY:A: } # . •Js ap s �'l, •; f' -.b,. .. _ rC r., . _ _ .,u.',.: ;n la aJs ryd: 4hza N4 1 x`�• � ,., r j,+J,'[�Nyy_. JIJ .., �- :+. 'r". ,. Y. �*.��'s*t + �r�•r%".'-� � t! ' g' •Yr t" •1. Mks. j~��n: ..�'a••rr:�;3� =L�'' 1:� �i �� i ^1. ;�}.? mei' �1,,,'.•�\ , ! .rvr.a �. : Yi:.r'I 4`�`�;<n`!i�Y>•. Y.:;:1'j.`.; :: •;� "9. fa•:j..ia ','•'i.•.., ,�,. .,.\aa '. .n� .5`.: Iii r •.�t r��P3GF �.'-.��y.)iY"I �': .{yam J' �.h �:Y I�r y� A �''i !'�'.P�' rj k: t � ti �.,y t 6Y ✓ { V !•." N � ry� '♦ � x .. F ♦ r r � fNaeii i. 3'g�ea>,s7' Tuytnl}Naf�°�,r,•,T :.3 I.,;,a «r S,yrF k� ±i y{�� {.F�'J1,_'� \s t �Tr do r f, � p .tip. rtr.. ;.. ' a iJ'� �.., I�rs. "'r \ 1.3+rz•.a; 4:',.ks1"..r�' '•.. ~'`• - s• d•1i, •.Fed al�f//{{ e:'! „0...r C'. ` 'n �^�, f'.. �:'y � •��`•.. i p^�A Y"e'.• •f in�.rr-: T'•~". :r'W.`_iu i?i3j::..J..,� ..a.a.-.... 'S.;W'�.rY''1'�.Air�"Si •, .��aj-.�,�..:�[_ .. :.'J1: t3 ""#�;e:. P"'�-,";.SM'a%. r'-�^pr`"'`I.�..�• .,a.�y�.."e,' "' ..L 3 `w•�r,� ," . 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 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 thejob. 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 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 1. 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 ni hte time 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 the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. 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 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. 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 feet. 4. Water Lines: All water lines most 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 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 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 andjoints. 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 from entering the trench wilt 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 tire variety. Appropriate traffic control shall be provided meeting'1'MUTCD 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. Emerizencv work 1. In the event Company is required to perform emergency seryices, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company �01 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 1. 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 1. 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. Hili 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 Tvpe of Pipeline (below deepest ditch grade) 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 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 line that serves the final customer. '___� PC ---------------------- __—_—_____—_—____.__uo`°�os B N .wlm�lz xPind°s e" az_�s Wa oG +oa z X53 S+ 03� Lo=.i gs�:d g�vooaaoaa y$ Via="d a E; LIM us ".c M!l �bn k a s: \ gF_e — y§5 QaP €�d�a E�g�gS5'+e es 4b g58� b�We ���"�a^ NZ YAC E�§� lip N igg e9NaN. _ 3 5 �gg neo 8p c HM Mu PC ---------------------- __—_—_____—_—____.__uo`°�os B N .wlm�lz xPind°s e" az_�s Wa oG +oa z �^— S+ 03� Lo=.i a y$ Via="d a E; LIM us ".c M!l �bn k a s: \ y§5 QaP €�d�a E�g�gS5'+e es 4b g58� b�We h� W > x NZ YAC E�§� lip N $e@- 5 HM Mu PC ---------------------- __—_—_____—_—____.__uo`°�os .wlm�lz xPind°s z� r� az_�s Wa oG +oa z mx .al +Po I/ntu,G p V' YPu pG . a C-3� t W�VG li ev e� �IF-p9I' ,Om I /R upn s a Rvo ,�R i V=W OR ;4 /t a .wlm�lz xPind°s z� r� az_�s Wa oG Pgg5Bb4=g E 03� Lo=.i .wlm�lz xPind°s az_�s Pgg5Bb4=g E 131ZAZOS COUNTY, TEXAS BUDGFT ADIENDD1ENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15/16 20.1-20.4 On this the 9"' day of Pebruary 2016 at a regular meeting of the Commissioners' Court, the following members were present A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann. Commissioner, Precinct C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard. Commissioner, Precinct 3 P. Irma Caulec, Commissioner, Precinct 4 F. Karen McQueen. County Clerk The following proceedings were held: THAT BVH Ii;12EAS, on 9°' day of Pebruan, 2016 the Court heard and approved a budget amendment fbr the 2014-2015 budget Year for Brazos County, Texas; and WHEREAS, REAS, expenditure is necessary clue to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budge[ adopted 8 September 2015, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 9th day of February 2016. THE CONUMISSIONERS COUNT OF BRA"LOS COUNTY, TEXAS. 3Y: Duane Peters, County Juc g Original: County Clerk's Office and Attached to the orieinal budget IZ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 20.1 of funds to purchase a ID Card Printer to be located in the Human Resource Department. Proiect was approved during is Court on 1/16/101(). VOL BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 20.2 ( AIWI1G1 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 1 312150 60200000 CR Couseling SU dies 2.000.00 3000 313150 60500000CR E ui ment & 1. 1. Enhancement 1 2,165.00 3000 312150 61110000 Clt Conference & Seminar Pees 8.000.00 3000313150 61530000 CR Psycholo gical Test Su Iv 3.500.00 3000 313150 61801000 CR 'Travel 7,750.00 3000 91300000 DR ITransfer To General Fund 23.415.00 0100 ( 49029000 CR ITransfer I'M Grant Fund 23,415.00 0100 31000100 71025000 DR I Contract Services 8,000.00 0100 31000100 61620000 DR ISubscription & Publication 576.00 0100 31000100 60200000 DR Couseling, Supplies 1,924.00 0100 31000100 GOSG000p DR E ui ment & LT. Enhancement2,165.00 0100 31000100 61110000 DR Conference & Seminar Pees 3.000.00 0100 31000100 61530000 UR Psychological Test Supply 3,000.00 01001 310_00100 61801000 DR Travel 4,750.00 I I I I I I Grant Fund and General fund:'I llDSA iNIentaI III: f SVCS and State Aid "Io transfer funds from State Aid mental health a eruim, expenses to local funds. 1 1 I I I 1 } I I fj Date. „ ,: , , 21412016,' a� I Vol. �__ . P�._ �� J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 • 20.3 91912016 FUND DIV ACCT—j PROJ DR/CR ACCOUNT NAME Increase Decrease I>00 62000100 67205000 CR Nehvork Costs 3,300.00 15001 62000100 60360000 DR Fit mitLire 3.200.00 I I EE I I i I � I I I 1 I I I I I I I I I I I I I I I I I I I h� II I � I Reallocation of funds to rovide flmdine for the urchase offurniture for the Lav Library. I I I I I I I �I I I I I I Date �''`,f 412016 Vol BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 20.4 2/9/2016 FUND DIV ACCT PROD I DR/CRI - ACCOUNT NAME Increase I Decrease 4315 49090000 CR Proceeds PN1 CC Bond Issue 100,000.00 4315 63000720 30101003 DR Bld,, Reno. -Courthouse 1 100,000.001 I I I I I I 1 I} I{ I I I I I I 2015 Certofcate of Obligation To recognize actual proceeds from the issuance of Certificates of Obligation during October 2015. I I I I PERSONNEL 13 CHANGE OF STATUS REQUESTS Commissioner Court Date: February 09, 2016 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 County Attorney Lara, Taylor Termination Exposition Complex Kozlowski, Holly B. Resignation Simmons, Marcia New Hire Van Zandt, Denise Termination Tax Office Pobletts, George Resignation Approved in Commissioners' Court: February 09, 2016 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol_ oZ�j F �SS'