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BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON SEPTEMBER 3, 2024 AT 10:00 AM IN
THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY
ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106,
BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE
AT FACEBOOK.COM/BRAZOSCOUNTYTX
1. Invocation and Pledge of Allegiance
• U.S. and Texas Flag -Commissioner Aldrich
2. Call for Citizen input and/or concerns
Consider and take action on agenda items: 3 -21
3. Designation of the day, time and location for Commissioners Court to convene in regular
session each week during FY 2025.
4. Approval of the proposed County Holidays for the 2025 Calendar Year.
5. Request authorization to wire transfer up to $228,595.77 to HHSC for the Federal Fiscal
Year 2020 Graduate Medical Education Program (GME)for the benefit of participating
hospitals using funding from the Brazos County Local Provider Participation Fund.
6. Approval requested from the IT Department to delete four old printers from assets.
7. Approval of the Brazos County Courthouse Priority Access Policy.
8. Approval of Amendment One for Contract#22-00011 to the State Case Registry
Cooperative Agreement between the Office of the Attorney General and Brazos
County.
9. Approval of Deductive Change Order#6 to CIP#22-515 Courthouse Security
Enhancements in the amount of$1,021.00 for unused contingency. This decreases the
total contract amount to $1,057,644.58.
10. Approval of Amendment#1 to IQ #23-080 Monitoring of Security Systems with Matrix
Security& Fire Solutions to add Facilities Services monitoring in the amount of$37.00 a
month.
11. Award of RFP#CI P 24-608 Jail Shower Renovation. Recommended Award: R.E.C.
Industries, Inc.
12. Approval of Renewal Bid #25-017R Lane Striping & Pavement Markers with Highway 1,
LLC.
13. Approval of Renewal Bid #25-019R Seal Coat with Clark Construction of Texas, LLC.
14. Consider and take action on the Frontier utility permit to construct road bore at the
intersection of I&GN Road and South Dowling; project will also install 2,920 feet of fiber
optic cable within the right-of-way for internet service. Site is located in Precinct 1.
15. Tax Refund Applications for the following:
Overpayments
• a. Mary Meager& James Grau-$193.53
• b. Thomas Joseph Clay-$7.99
• c. Almeta Twitty Estate-$8.76
• d. Almeta Twitty Estate -$5.69
• e. Haley& Matthey Sechelski-$41.83
16. Commissioners Court minutes for the following dates:
• a.August 06, 2024 -Regular Meeting
• b.August 07, 2024 -Workshop Session
• c.August 13, 2024- Regular Meeting
• d.August 13, 2024 -Workshop Session
• e.August 20, 2024 - Regular Meeting
• f. August 20, 2024- Public Hearing
• g.August 20, 2024-Workshop Session
• h.August 27, 2024 -Workshop Session
• i. August 27, 2024 - Regular Meeting
17. Budget Amendments.
• FY 23/24 Budget Amendments 46.01 -46.08
18. Personnel Change of Status.
• Approval of Personnel Change of Statue.
19. Payment of Claims.
20. Convene into Executive Session pursuant to Texas Government Code §551.0725 to
deliberate business and financial issues related to a contract being negotiated.
21. Consider and possible action on Executive Session.
22. Acknowledgement of the 2023-2024 Budget to Actuals by Fund as of August 29, 2024.
Acknowledgement of the 2023-2024 Contingency Budget to Actuals by Fund as of
August 29, 2024.
23. Juvenile director's report on detention population.
24. Sheriff's report on inmate population.
25. Announcement of interest items and possible future agenda topics.
26. Adjourn.
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four
minutes per person.Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting.Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court,with both judicial and legislative powers,created under Article V,Section 1 and Section 18 of the Texas Constitution.As a
Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the
Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity
of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly,
profane,insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions:
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,hedge or Commissioners to unlisted public comment topics could become deliberation on a matter without
notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge
and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies,recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda.See Texas Open Meetings Act Section
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to
attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business
of the Court.
The Commissioners Courtroom of the Brazos County Administration Building,200 S.Texas Avenue,Suite 106, Bryan,TX 77803,
THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOS0OUNTYTX is wheelchair accessible. Handicap
parking spaces are available.Any request for sign interpretive services must be made two working days before the meeting.To
make arrangements,please call(979)361-4102.
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The foregoing minutes of the Commissioners Court Meeting held September 3, 2024, have been
examined and are approved in open Court this 1st day of October 2024, in Bryan, Brazos
County, Texas.
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Duane Peters Steve Aldrich
County Judge Commissioner, Precinct 1
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Chuck Konderla Nancy Berry
Commissioner, Precinct 2 Commissioner, Precinct 3
Wanda J. Wats
Commissioner, cinct 4
Attest:
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Karen McQueen
County Clerk
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MINUTES
SEPTEMBER 3, 2024
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,
September 3, 2024 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Chuck Konderla, Commissioner of Precinct 2;
Nancy Berry, Commissioner of Precinct 3;
Wanda J. Watson, Commissioner of Precinct 4;
Karen McQueen, County Clerk,Absent.
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance
•
• U.S. and Texas Flag - Commissioner Aldrich
2. Call for Citizen input and/or concerns
Cathie Viens requested that the financial reports on the Brazos County website be
updated and also asked that the Court take into consideration the impact on the
community when deciding on a Cost of Living Adjustment for the Fiscal Year 2025
Budget.
Marie Wood read a letter published in The Eagle on August 3, 2024 titled "It's a
Republic". She encouraged the Court to act as a Republic.
Karen Simpson expressed concern regarding voting machines and urged the Court to
use hand-marked, paper ballots in the upcoming election. She also noted issues with the
voter registration process in Bexar County and Harris County.
Consider and take action on agenda items: 13 -21
3. Designation of the day,time and location for Commissioners Court to convene in regular
session each week during FY 2025.
Commissioner Aldrich requested clarification on the process of cancelling meetings, as
needed. Judge Peters explained that if a regular meeting needs to be cancelled, notice
will be given on a regular meeting agenda a week or two prior to the cancelled meeting.
The Court voted unanimously to designate Tuesday at 10:00 a.m. as the regular meeting
of the Commissioners Court. The meeting will take place at 200 South Texas Avenue,
Bryan, Texas 77803.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
4. Approval of the proposed County Holidays for the 2025 Calendar Year.
The Court approved as submitted the following holidays for 2025:
Wednesday, January 1, 2025- New Year's Day
Monday, January 20, 2025 - Martin Luther King, Jr. Birthday
Friday,April 18, 2025 - Good Friday
Monday, May 26, 2025 - Memorial Day
Thursday, June 19, 2025-Juneteenth
Friday, July 4, 2025- Independence Day
Monday, September 1, 2025- Labor Day
Thursday& Friday, November 27 &28, 2025 -Thanksgiving
Wednesday, Thursday& Friday, December 24, 25 &26, 2025 -Christmas
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
5. Request authorization to wire transfer up to $228,595.77 to HHSC for the Federal Fiscal
Year 2020 Graduate Medical Education Program (GME)for the benefit of participating
hospitals using funding from the Brazos County Local Provider Participation Fund.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
6. Approval requested from the IT Department to delete four old printers from assets.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
7. Approval of the Brazos County Courthouse Priority Access Policy.
A copy of the policy is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
8. Approval of Amendment One for Contract#22-00011 to the State Case Registry
Cooperative Agreement between the Office of the Attorney General and Brazos
County.
A copy of the amended contract is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
9. Approval of Deductive Change Order#6 to CI P#22-515 Courthouse Security
Enhancements in the amount of$1,021.00 for unused contingency. This decreases the
total contract amount to $1,057,644.58.
A copy of the deductive change order is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
10. Approval of Amendment#1 to IQ #23-080 Monitoring of Security Systems with Matrix
Security& Fire Solutions to add Facilities Services monitoring in the amount of$37.00 a
month.
Judge Peters stated that the agenda item should reference Fleet Services instead of
Facilities Services.A copy of the amended contract is attached.
Motion:Approve w/Conditions, Moved by Commissioner Nancy Berry, Seconded by
Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters,
Watson.
11. Award of RFP#CI P 24-608 Jail Shower Renovation. Recommended Award: R.E.C.
Industries, Inc.
The Court voted unanimously to accept the recommendation of the Purchasing Agent
and awarded RFP#CI P 24-608 Jail Shower Renovation to R.E.C. Industries, Inc.A
copy of the contract and bid tabulation is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
12. Approval of Renewal Bid #25-017R Lane Striping & Pavement Markers with Highway 1,
LLC.
A copy of the renewal of contract and bid tabulation is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
13. Approval of Renewal Bid #25-019R Seal Coat with Clark Construction of Texas, LLC.
A copy of the renewal of contract and bid tabulation is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
14. Consider and take action on the Frontier utility permit to construct road bore at the
intersection of I&GN Road and South Dowling; project will also install 2,920 feet of fiber
optic cable within the right-of-way for intemet service. Site is located in Precinct 1.
Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
15. Tax Refund Applications for the following:
Overpayments
• a. Mary Meager&James Grau-$193.53
• b. Thomas Joseph Clay-$7.99
• c. Almeta Twitty Estate -$8.76
• d. Almeta Twitty Estate-$5.69
• e. Haley& Matthey Sechelski-$41.83
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
16. Commissioners Court minutes for the following dates:
• a.August 06, 2024 - Regular Meeting
• b.August 07, 2024-Workshop Session
• c.August 13, 2024- Regular Meeting
• d.August 13, 2024 -Workshop Session
• e.August 20, 2024 - Regular Meeting
• f. August 20, 2024- Public Hearing
• g.August 20, 2024-Workshop Session
• h.August 27, 2024 -Workshop Session
• i. August 27, 2024 - Regular Meeting
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
17. Budget Amendments.
• FY 23/24 Budget Amendments 46.01 -46.08
46.01 Reallocate funds for Fleet Services.
46.02 Transfer funds from Contingency to Jail Medical Services.
46.03 Reallocate funds for Sheriff's Office.
46.04 Transfer funds from Contingency to County Agriculture Extension Agency.
46.05 Transfer funds from Contingency to Sheriff's Office.
46.06 Transfer funds from Contingency to Commissioners Court.
46.07 Reallocate funds for the SB 22 2023 Rural Law Enforcement Salary Assistance
Program.
46.08 Transfer funds from Contingency to County Agriculture Extension Agency.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
18. Personnel Change of Status.
• Approval of Personnel Change of Status.
A copy of the Personnel Change of Status requests is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
19. Payment of Claims.
Claims
8204771 -8204900
9202118-9202183
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
20. Convene into Executive Session pursuant to Texas Government Code §551.0725 to
deliberate business and financial issues related to a contract being negotiated.
At this point, the County Judge announced the Court would consider items 22 through
25 and then return to convene into Executive Session.
Having considered the previously noted agenda items, General Counsel Bruce Erratt
submitted a written determination that deliberation in an open meeting would have a
detrimental effect on the position of the Court in negotiations with a third party. A motion
was offered by Commissioner Konderla to meet in closed Executive Session as per Mr.
Erratt's recommendation. The motion was seconded by Commissioner Berry and the
motion passed unanimously. At 10:20 a.m.the County Judge announced the meeting
closed to the public, so the Court could convene into Executive Session as stated
above.
The following individuals were asked to attend the meeting:
Cheryl Coffman, Executive Assistant
Ed Bull, Chief of Staff
Bruce Erratt, General Counsel
Allison Lindblade,Assistant General Counsel
Nina Payne, Budget Officer
Katie Conner,Auditor
Marcie Turner, First Assistant Auditor
21. Consider and possible action on Executive Session.
At 10:42 a.m. the County Judge announced the meeting open to the public and
announced that no action would be taken on the Closed Executive Session.
22. Acknowledgement of the 2023-2024 Budget to Actuals by Fund as of August 29, 2024.
Acknowledgement of the 2023-2024 Contingency Budget to Actuals by Fund as of
August 29, 2024.
The Court acknowledged receipt of the 2023-2024 Budget to Actuals by Fund and
Contingency Fund Budget to Actuals as of August 29, 2024.
23. Juvenile director's report on detention population.
Juvenile Director Linda Ricketson reported there are 36 juveniles in the detention center,
26 are male and 10 are female, and 20 have electronic monitors.
24. Sheriff's report on inmate population.
Sheriff Wayne Dicky stated there are 801 inmates in jail, 684 are male and 117 are
female, and 26 have electronic monitors.
25. Announcement of interest items and possible future agenda topics.
There were no announcements.
26. Adjourn.
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BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: NUMBER:
DATE OF COURT MEETING: 9/3/2024
ITEM: Designation of the day,time and location for Commissioners Court to convene in regular
session each week during FY 2025.
TO: Commissioners Court
DATE: 08/21/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Tvpe,
No Attachments Available
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APPROVED
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Duane Peters Date
County Judge
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BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: NUMBER:
DATE OF COURT MEETING: 9/3/2024
ITEM: Approval of the proposed County Holidays for the 2025 Calendar Year.
TO: Commissioners Court
DATE: 08/21/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Type
2025_County_HoGdays.pdf 2025 County Holidays Cover Memo
APPROVED
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Duane Peters Date
County Judge
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Brazos County
Bryan, Texas ,
2025 County Holidays
Wednesday .. ,• :'. ,---. . January 1 . : -- New Year's Day • • - •
Monday January 20 Martin Luther King, Jr. Birthday
Friday -- . ,•„ ' :. .' . .. 13,pri1.13- , Good Friday
Monday May 26 Memorial Day
Thursday , '. June 19 - - •, - Juneteenth- - ,-
.,.
Friday July 4 Independence Day
Monday - - . September 1. - Labor Day • -,
Thursday & Friday November 27 & 28 Thanksgiving
Wednesday, Thursday, . December 24, 25 & 26 Christmas
•
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Friday - .. -
•
APPRO D
ne Peters Date
County Judge
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BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Budget Office NUMBER:
DATE OF COURT MEETING: 9/3/2024
ITEM: Request authorization to wire transfer up to$228,595.77 to HHSC for the Federal Fiscal
Year 2020 Graduate Medical Education Program(GME)for the benefit of participating
hospitals using funding from the Brazos County Local Provider Participation Fund.
TO: Commissioners Court
FROM: Nina Payne
DATE: 08/28/2024 •
FISCAL IMPACT: False •
BUDGETED: False
DOLLAR AMOUNT: $0.00
SOURCE OF FUNDS: Brazos County LPPF-Fund 16000
REQUIREMENTS: HHSC requires this IGT to be entered into TexNet no later than close of business Monday,
September 9,2024 with a settlement date of Tuesday September 10,2024.
Texas Medicaid provides supplement payments to support teaching hospitals which operate
approved medical residency training programs.Medicaid Graduate Medical Education
(GME)payments recognize the higher cost incurred by teaching hospitals.Compared to
NOTES/EXCEPTIONS: non-teaching hospitals,teaching hospitals treat patients with more complex conditions
and provide patient care that is more intensive and technologically sophisticated.
Reimbursement rules applicable to Graduate Medical Education(GME)are located in Title
1 of the Texas Administrative Code,Part 15,Chapter 355 SubChapter J,Division 4,Rule
8058.
ACTION REQUESTED OR Request approval.
ALTERNATIVES:
ATTACHMENTS: .
Fite Name Description Type
IGT-Graduate Medical Education(GME)
Agenda GME_FFY 2020_Retroactive IGT Notification 8.28.24.pdf Cover Memo
Request
Agenda FY2O_GME Allocation_Summary_- IGT-Graduate Medical Education(GME)
_Brazos_LPPF_(002).pdf Allocation Backup Material
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Duane Peters Date
County Judge
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BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Information Technology NUMBER:
DATE OF COURT MEETING: 9/3/2024
ITEM: Approval requested from the IT Department to delete four old printers from assets.
TO: Commissioners Court
FROM: Eric V.Caldwell,CGCIO
DATE: 08/27/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
We are unable to locate four very old printers that no longer qualify as assets by the county's
NOTES/EXCEPTIONS: policy(now that the cost threshold is$5000).These printers had been located at the jail(2),
the District Clerk's Office,and the Health District.Further details are included in the attached
memo.
ACTION REQUESTED OR IT is requesting permission to delete these four printers from the IT Department's fixed
ALTERNATIVES: assets database.
ATTACHMENTS:
File Name Description Tvpe
Permission_Requested_to_Delete Old_Printers.docx Detailed memo requesting permission Backup Material
APPROVEa---.4L4 j
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Duane Peters Date
County Judge
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ERIC V. CALDWELL
CHIEF INFORMATION OFFICER
Brazos County Maxwell Building
205 East 27th Street
Bryan,TX 77803 PHONE: (979)361-4310
ecaldwell@brazoscountytx.gov FAX: (979)361-4408
MEMORANDUM
TO: Commissioners Court
CC: Katie Conner, County Auditor
FROM: Eric V. Caldwell, Chief Information Officer
DATE: August 20, 2024
SUBJECT: Unable to Locate Printers
I am requesting permission to remove the records of four assets from our database.
About a month ago I directed IT staff to locate the oldest printers in our database of assets. All
but four were either physically located, or records were located by the Auditor's Office
documenting their removal through the Purchasing Department's surplus auction and salvage
destruction/disposal processes.
The four that are unaccounted for are listed below. As you will see they range in age from over
13 years to almost 21 years. While it is unclear what happened to these printers, it is possible that.
they were disposed of through proper surplus or salvage processes and this action was not
documented properly. For example,the seventeen-year-old printer at the Health District was
grant funded. It is likely that the Health District disposed of the printer in accordance with the
provisions of the grant.
Asset# Serial Model Department Received Age Price
2800200606 SG8AG2WOHBGO HP DJ 895CXI SO JAIL 9/30/2003 20.8 yrs Unk
AAA0003528 MY73F5Z24Y HP DJ 460CB HEALTH 8/30/2007 16.9 yrs $258
AAA0003996 CNDX208411 HP U 4014N DC 10/20/2008 15.7 yrs $906
AAA0004452 AK00021798G0 OKIDATA 391 SO JAIL 1/26/2011 13.4 yrs $641
None of these printers meet the new cost threshold of$5000 to qualify as an asset and none were
active in Finance Plus when we converted to Oracle.
Therefore, I request permission to remove the records of these four printers from IT's database.
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BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: NUMBER:
DATE OF COURT MEETING: 9/3/2024
ITEM: Approval of the Brazos County Courthouse PriorityAccess Policy.
TO: Commissioners Court
DATE: 08/28/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description ype
Brazos_County Courthouse Priority Access_Policy.pdf Brazos County Courthouse Priority Access Policy Cover Memo
APPROVED
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Duane Peters Date
County Judge
Brazos County Courthouse Priority Access Policy
The Brazos County Sheriff's Office is committed to ensuring the safety of all citizens working in or visiting the Brazos
County Courthouse. The Courthouse has a new state of the art security screening area, with detection
enhancements and protection. For the convenience of those that qualify, a 2nd lane has been created for Priority
Access with a card-controlled door and subsequent turnstile,to bypass general screening. This policy will describe
the application process and who is qualified for such a card.
Priority Access approval and card access can be revoked by the Sheriff's Office at any time for behavior that
threatens the security of the Courthouse.These behaviors include but are not limited to verbal or physical threats,
possession of illegal substances,or unauthorized possession of weapons inside the secure perimeter.
These enhanced procedures and facility improvements increase the safety and security for all, and helps prevent
introduction of contraband such as drugs, knives, and unauthorized weapons from entering the courthouse. This
new process should also reduce wait times during peak periods.
County Employee Eligibility
Priority Access Cards with 24/7 access will be issued to the following persons at no charge:
1. All elected officials,judges, and department heads.
2. Law enforcement officers who work in the Courthouse and others at the Sheriff's discretion.
3. Brazos County Prosecutors
4. Armed Bailiffs with written approval by their judge.
An application must be submitted for reviewfor authorization of priority access. For County Employees,yearly
reviews will be conducted automatically for the duration of employment. At any time,County employees may
rescind their access and opt out of the yearly background checks by notifying Courthouse Security.
Priority Access Cards for County Employees may be granted,at no charge,with access Monday thru Friday,
07:30 A.M.to 5:30 P.M.,and will require the following:
1. A yearly background check with no history of disorderly conduct, assault,threats, stalking, harassment,or
weapon violations.
2. Approval of their department head or elected official.
3. Employees who do not wish to have a criminal history review or fail a background check will be required to
use the regular screening process.
Priority Access Cards for County Employees may be granted 24/7 access and will regdire the following:
1. Ayearly background check with no theft, burglary,fraud,criminal mischief,disorderly conduct,assault,
threats,stalking, harassment, or weapon violations.
2. Approval of their department head or elected official.
Application Process for County Employees:
1. Employees requesting access may do so at https://weblink.brazoscountytx.gov/Forms/FastLaneBadge
2. The criminal history check will be reviewed by the Sheriff's Office Supervisor to determine if access is
approved.
3. If the application is denied for history in violation of the aforementioned concerns,an electronic
notification will be sent to the requestor. An appeal may be made to the Brazos County Sheriff's Office by
email at pmartinez@ibrazoscountytx.gov.
Licensed Attorney Eligibility
Priority Access Cards for Attorneys licensed by the State Bar of Texas may be granted with access Monday
thru Friday,07:30 A.M.to 5:30 P.M.,and will require the following:
1. A$100,yearly, non-refundable fee, paid prior to processing background check.
2. A yearly background check with no history of disorderly conduct,assault,threats,stalking, harassment,or
weapon violations
Fees for Licensed Attorneys:
1. Annual Non-Refundable Fee: $100/year is for a confidential Law Enforcement Criminal History Check, a
review of that background check for authorization,taking a photograph and generating the photo ID Priority
Access card. Fee is determined by Commissioner's Court.The fee and review are required annually
2. Replacement Fee: (lost or damaged): $50. Regardless of payment, card owners must immediately notify
courthouse deputies of a lost card for deactivation for the security and safety of all.
Application Process for Licensed Attorneys:
1. Apply online at https://weblink.brazoscountytx.gov/Forms/Fastpass
2. Make an appointment with Risk Management by calling(979)361-4246 or email at
RiskManagement( brazoscountytx.gov
a. Go to the Brazos County Administration Building,200 S.Texas Avenue,Suite 264, Risk
Management.
b. Pay fee.
c. Present your State Bar of Texas ID and a valid government issued photo ID to confirm your identity.
d. Have your photograph taken for your future photo ID Priority Access Card.
3. Risk Management will notify the Brazos County Sheriff's Office Courthouse Supervisor to initiate the
confidential criminal history check.
4. The criminal history check will be reviewed by the Sheriff's Office Supervisor and determine if that party has
no criminal history associated with disorderly conduct, assault,threats, stalking, harassment, or weapon
violations.
5. If the application is approved, Risk Management will be notified to issue the card.
6. The requestor will be notified electronically that their card is ready to be picked up at Brazos County Risk
Management.
7. If the application is denied for history in violation of the aforementioned concerns,an electronic
notification will be sent to the requestor. An appeal may be made to the Brazos County Sheriff's Office by
email at pmartinezPbrazoscountytx.gov.
7 y
BRAZOS COUNTY
BRYAN, TEXAS
DEPARTMENT: NUMBER:
DATE OF COURT MEETING: 9/3/2024
ITEM: Approval of Amendment One for Contract#22-00011 to the State Case Registry
Cooperative Agreement between the Office of the Attorney General and Brazos County.
TO: Commissioners Court
DATE: 08/28/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Type
22-00011 Brazos Al Draft Final.pdf Amendment One to the State Case Registry Cover Memo
AMENDMENT ONE
TO THE
STATE CASE REGISTRY COOPERATIVE AGREEMENT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL AND
BRAZOS COUNTY
Contract Number: 22-00011
The Office of the Attorney General of Texas (OAG) and Brazos County(County),hereinafter
collectively referred to as"Parties,"entered into a Cooperative Agreement(Contract), effective
September 1, 2021. The Parties agree to increase the maximum liability of the Contract.
In accordance with Section 8 of the Contract,the Parties now desire to execute this Amendment
One to amend the terms of the Contract as follows:
1. Subsection 5.1 of the Contract is stricken in its entirety and replaced by the following:
5.1 MAXIMUM LIABILITY OF THE OAG
Notwithstanding any other provision of this Contract,the maximum liability of the OAG
under this Contract is Two Thousand Four Hundred Sixty-Two Dollars and No Cents
($2,462.00).
All other terms and conditions of the Contract not specifically amended remain in full force and
effect.
By signature hereon,the individuals below represent and warrant they are the duly authorized
representative of the Parties and have authority to bind the Parties to this Amendment One,to be
effective July 1, 2024.
OFFICE OF THE ATTORNEY GENERAL BRAZO
Ruth Anne Thornton The Honorable Duane Peters
Director of Child Support County Judge,Brazos County
(IV-D Director)
Signature Date: Signature Date:
AGREEMENT
FOR BRAZOS COUNTY COURTHOUSE
SECURITY ENHANCEMENT
RFP # CIP 22-515
BRAZOS COUNTY, TEXAS
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 1
TABLE OF ARTICLES .
1. General Provisions
2. Owner
3. Contractor •
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or by Separate Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10. Protection of Persons and Property
11. Insurance and Bonds
12. Uncovering and Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the Contract
15. Access to the Work
16. Standards
17. Prohibition against personal interest in the Contract
18. Prevailing Wage Rates
19. Authority to Contract
•
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 2
AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY
COURTHOUSE SECURITY ENHANCEMENT
This Agreement for the construction of the COURTHOSUE SECURITY
ENHANCEMENT, Brazos County, Texas, in the amount of NINE HUNDRED AND
FOURTY ONE THOUSAND DOLLARS ($941,000.00) is entered into this 20 day of
September 2022 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as
"Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and.AGGIELAND
COUNSTRUCTION, (hereinafter referred to as "Contractor"). The COURTHOUSE
SECURITY ENHANCEMENT is hereinafter referred to as the "Project." The Architect
for the Project is the firm of TREANOR HL 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 ("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#CIP 22-515 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 manipulatable electronic operations involving
computers.
1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction
("Contract"). The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contractual relationship of any
kind: (1) between the Contractor and 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.
1.1.3 THE WORK: The term "Work" means the construction and services required by
the Contract, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 3
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 rehabilitation of the COURTHOUSE
SECURITY ENHANCEMENT 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: This project consists of the renovation and addition
to the secure entry at the Brazos County Courthouse located at 300 East 26th Street,
Bryan, TX 77803.
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 at
either place shall have the meanings commonly attributed to them by the particular trade
involved.
.1 Provide: shall be understood to mean: "Furnishing of all labor, materials,
equipment, transportation, and services referred to and installation of the •
materials, equipment, and other items referred..to, all in compliance with
the requirement of the Contract Documents and applicable Federal, State,
and local laws and ordinances as well as requirements.of Federal, State,
and local authorities having jurisdiction at the site of the Work."
.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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 4
.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.. Refer to Sections 8.1.1 and 8.1.2.
.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
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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 5
•
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 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."
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 6
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. Supplementary Conditions
E. 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.
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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 7
1.3 CAPITALIZATION
1.3.1 Terms capitalized in these General Conditions include those which are: (I)
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 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.
Agreement for Construction—Courthouse Security Enhancement REP CIP 22-515 Page 8
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 other
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 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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 9
•
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 William 'Bill'Hadley,
Project 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 and legal
limitations for the site of the Project,-and a legal description of the site. The Contractor
shall be entitled to rely on the accuracy of information furnished by the Owner but shall
exercise proper precautions relating to the safe performance of the Work.
2.2.2 Except for permits and fees, including those required under Paragraph 3.7,•which
are the responsibility of the Contractor. under the Contract Documents, Owner shall
secure and pay for necessary approvals,easements, assessments and charges required
for construction.
•
2.2.3 Information or services required of the Owner by the Contract Documents shall
be furnished'by the Owner with reasonable_ promptness and complete and accurate to
the best of the Owner's information and belief.Any other information or services relevant
to the Contractor's performance of the Work under the Owner's control shall be furnished
by the Owner after receipt from the Contractor of a written request for such information
or services.
•
2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents.in
Adobe "PDF" file format suitable for plotting or.printing. Contractor may use for limited
purpose of making prints thereof required for use in performance of Work, in 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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 10
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 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.
2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or
accountable to Contractor or its Surety for any method by which completion of said Work,
or any portion thereof, is,accomplished or for price paid therefore, unless Surety is
required to pay cost to complete the Project, in excess of the amount contained in the
Owner-Contractor Agreement, as a direct result of the Architect's negligent issuance of •
Certificate(s) for Payment. Contractor and Surety are responsible for all costs for
completing the Work including cost in excess of original Contract Sum. Owner does not
forfeit right to recover damages from Contractor or Surety for failure to complete Contract
by taking over the Work or by declaring Contract in default. Maintenance of the Work
remains Contractor's and Surety's responsibility as provided for in Performance Bond
and guarantee of Contractor.
2.4.3 The Owner reserves the right to: -
.1 observe the work, at any time, whenever it is in preparation or progress;
.2 make emergency repairs to the work during the guarantee period, to
prevent further damages and the Contractor shall pay for such repairs
when necessitated by defects in the Contractor's work;
.3 make changes to the work.
2.4.4 The Owner shall not be required to accept from'the Contractor(unless specifically
agreed upon):
.1 Partial Substantial Completion;
.2 Substantial Completion when it occurs prior to the expiration of the
Construction Time.
ARTICLE 3
CONTRACTOR
3.1 GENERAL
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 11
referred to throughout the Contract Documents. as if singular in number. The term
"Contractor" means the Contractor or the Contractor's authorized representative.
3.1.2 The Contractor shall perform the Work in accordance with the Contract
Documents.
3.1.3 The Contractor shall not be relieved of obligations to perform the Work in
accordance with the Contract Documents either by activities or duties of the Architect in
the Architect's administration of the Contract, or by tests, inspections, or approvals
required or performed by persons or entities other than the Contractor.
. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS
3.2.1 Since the Contract Documents are complementary, before starting each portion of
the Work, the Contractor shall carefully study and compare the various Drawings and
other Contract Documents relative to that portion of the Work, as well as the information
furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements
of any existing conditions related to that portion of the Work and shall observe any
conditions at the site affecting it. These obligations are for the purpose of facilitating
construction by the Contractor and are not for the purpose of discovering errors,
omissions or inconsistencies in the Contract Documents; however, any errors,
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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-5I5 Page 12
•
3.2.4 The Contractor shall perform the Work in accordance with the Contract
Documents and submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences, and procedures and for
coordinating all portions of the Work under the Contract, unless the Contract Documents
give other specific instructions concerning these matters. If the Contract Documents give
specific instructions concerning construction means, methods, techniques, sequences.
or procedures, the Contractor shall review, substantiate, and comply with current
industry execution standards and manufacturer's current execution instructions and
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely
responsible for the jobsite safety of such means, methods, techniques, sequences or
procedures.
If the Contractor determines that such means, methods, techniques, sequences, or
procedures may not be safe, the Contractor shall give timely written notice to the Owner
and 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. _Refer to RFP
Section 8(f).
3.3.7 Layout/arades will be per plans.
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, utilities, transportation, and other facilities and services necessary for
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22'-515 Page 13
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
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 workaffected 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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 14
Assigns' and subcontractors' warranties shall expressly provide that the same shall be
enforceable directly by Owner, if he so elects, and shall run concurrently with
Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as
directed by Owner.
3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from
Date of Substantial Completion of the Work. Should a warranty required under any
Section of the Specifications or of this Contract be for a period of more than one year,
Contractor's and subcontractor's warranty, with respect to such work, shall be for such
longer period. Warranty for work done subsequent to Date of Substantial Completion
shall be for a period of one year from date of Final Completion or such longer period, if
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 existing facilities, fences or other appurtenances 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 electrical and other
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 Contractor requires all Subcontractors, Sub-subcontractors and suppliers to bill
Contractor for all sales and use taxes on all materials and equipment incorporated into
Project as clearly discernible separate item to facilitate Contractor's keeping tax as
separate item of expense on records. Furnish this information to Owner to enable Owner
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 15
•
•
to meet state reporting requirements •
•
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise. provided in the Contract Documents, the Contractor shall
secure and pay for the building permit and other permits and governmental fees, licenses
and inspections necessary for proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required when .
bids are received•or negotiations concluded.
3.7.1.1 Owner shall secure and pay for health and environmental impact fees,
water and•sewer connections and impact fees, and zoning regulation fees and permits.
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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 • Page 16
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 as $25,000.00 and shall.be processed
pursuant to the Specifications.
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section
8(f).
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 ten(10)days)after notification of contract award,
shall prepare and submit for the Owner's and Architect's information a Contractor's
construction schedule for the Work. The schedule shall not exceed time limits current
under the Contract Documents, shall be revised monthly or at appropriate intervals as
required by the conditions of the Work and Project whichever is less, shall be related to
the entire Project to the extentrequired by the Contract Documents and shall provide for
expeditious and practicable execution of the Work.
3.10.1.1 Owner may authorize construction activities to commence prior to
completion of Drawings and Specifications. If Drawings and.Specifications require further
development at the time the initial construction schedule is prepared, Contractor shall:
1) allow time in the schedule for further development of Drawings and Specifications by
Architect, including time for review by Owner and, Contractor and for Contractor's
• coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner,
. information regarding anticipated market conditions and construction cost, availability of
labor, materials and equipment, and proposed methods, sequences and time schedules -
for construction of Work.
• 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a
schedule of submittals which is coordinated with the Contractor's construction schedule
and allows the Architect reasonable time, as defined by the Architect to review
submittals. If the Contractor fails to submit a schedule,the Contractor shall not be entitled
to any increase in Contract Sum or extension of Contract Time based on the time
required for review of submittals.
• Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 17
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.
3.12.5 The Contractor shall review for compliance with the Contract Documents,
approve and submit to the Architect; Shop Drawings, Product Data,.Samples and similar
submittals required by the Contract Documents with reasonable promptness and in such
sequence as to cause no delay in the Work or in the activities of the Owner or of separate
contractors. Submittals which are not marked as reviewed for compliance with the
Contract.Documents and approved by the Contractor may be returned by the Architect
without action. . •
3.12.6 By submitting Shop Drawings, Product.Data, Samples and similar submittals, the
Contractor and Sub-contractor represent to the Owner and Architect that the Contractor
and Sub-contractor have (1) reviewed and approved them, (2) have reviewed for
compliance with the Contract Documents, (3) determined and verified materials, field
Agreement for Construction—Courthouse Security.Enhancement RFP CIP 22-515 Page 18
measurements and field construction criteria related thereto, or will do so, and (4)
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents, and have approved the
submittal.
3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review
of Shop Drawings, Product Data, Samples or similar submittals until the respective
submittal has been approved by the 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 approval 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 approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those
requested by the Architect on previous submittals. In absence of such written notice the
Architect's approval of a re-submission shall not apply to such revisions.
3.12.10 The Contractor shall not be required to provide professional services which
constitute the practice of Architect or Architecting unless such services are specifically
required by the Contract Documents for a portion of the Work or unless the Contractor
needs to provide such services in order to carry out the Contractor's responsibilities for
construction means, methods, techniques, sequences and procedures. The Contractor
shall not be required to provide professional services in violation of applicable law. If
professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of the Contractor by the Contract
Documents, the Owner and the Architect will specify performance and design criteria
that such services must satisfy. The Contractor shall cause such services or
certifications to be provided by a properly licensed design professional, whose signature
and seal shall appear on all drawings, calculations, specifications, certifications, Shop
Drawings and other submittals prepared by such professional. Shop Drawings*and other
submittals related to the Work designed or certified by such professional, if prepared by
others, shall bear such professional's written approval when submitted to the Architect.
The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications or approvals performed by such design
professionals, provided the Owner and Architect have specified to the Contractor
appropriate performance and design criteria that such services must satisfy. Pursuant
to this Subparagraph 3.12.10,the Architect will review, approve or take other appropriate
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 • Page 19
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 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.
• Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 20
•
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
3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR
SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED
OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS AND REPRESENTATIVES, ARCHITECT, ARCHITECT'S CONSULTANTS
(COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST
ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND
EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING
OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE
• PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY,
DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY,
SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF,
TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS
OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR
IN CONNECTION WITH: (A)A BREACH OF THE WARRANTIES PROVIDED BY THE
CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE
CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB-
CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C)
ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED
IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT
IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE
FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE
CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON
STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE
INDEMNITEES;- OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING
PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A
VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER
REQUIREMENT OF PUBLIC AUTHORITIES;(2)MEANS, METHODS, PROCEDURES
OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3)
FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES
AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER
THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION
HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE
OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE
EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE
SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE
AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND
SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 21
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 approved in writing by Architect or by
appropriate addendum.
•
3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in
conflict with the Contract Documents, Contractor shall notify Architect for clarification
before proceeding. A copy of the manufacturer's instructions shall be kept at job site
and made available to Architect.
3.19.3 Contractor shall stop the Work affected when notified of a proposed change and
when unsatisfactory results are anticipated. Contractor shall proceed only after receiving
additional instructions from Architect.
3.19.4 Contractor shall establish and maintain benchmarks, 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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 22
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•
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3.19.7 Contractor shall furnish written warranties using the form directed by Owner or
Architect.
3.19.8 Contractor shall secure required inspection certificates and transmit them to
Architect and Owner.
ARTICLE 4
• ADMINISTRATION OF THE CONTRACT
4.0 SCHEDULE OF WORK (at a maximum, in calendar days)
Day 0: Award of Contract by Brazos County Commissioner's Court
Day 10: Bonds, Insurance, etc. accepted by Brazos County
Day 206: Notice to Proceed Issued.Contractors receipt of Notice to Proceed,
Submittals, as needed, to be provided within a reasonable time.
Day 316: Contractor attains Substantial Completion
Day 330: Contractor attains Final Completion
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice Architecting, or an entity
lawfully practicing Architecting 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," shall mean Architect, or an affiliate as otherwise
provided in the Contract Documents, or duly authorized representatives, such
representatives acting severally within scope of particular duties entrusted to them, unless
otherwise provided in'Contract Documents.
4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in
the Contract Documents shall not be restricted, modified or extended without written
consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably
withheld.
4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a
•
new Architect whose status under the Contract Documents shall be that of the former
Architect.
4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
4.2:1 The Architect, acting in consultation with Owner's representative, will provide
administration of the Contract as described in the Contract Documents: (1) during
construction; (2) until final payment is due, and (3) with the Owner's concurrence, from
time to time during the correction period described in Paragraph 12.2. The Architect 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
Agreement for Construction—Courthouse Security Enhancement RFP CI?22-515 Page 23
appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner
and Architect, and as Architect deems necessary: (1) to become generally familiar with
and to keep the Owner informed about the progress and aesthetic quality of the portion
of the Work completed; (2) to endeavor to guard the Owner against defects and
deficiencies in the Work, and (3) to determine in general if the Work observed is being
performed in a•manner indicating that the Work, when completed, will be in general
accordance with the Contract Documents. However, the Architect will not be required to
make exhaustive or continuous on-site evaluations or inspections to check the quality or
quantity of the Work. The Architect will neither have control over or charge of, nor be
responsible for,the construction means, methods, techniques, sequences or procedures,
or for the safety or health precautions and programs in connection with the Work, since
• these are solely the 'Contractor's rights and responsibilities under the Contract
Documents, except as provided in.Subparagraph 3.3.1.
4.2.2.1 Contractor shall reimburse Owner for compensation paid to Architect for
additional site visits made necessary by fault, neglect or request of Contractor.
•4.2.3 The Architect will not have control over or charge of and will not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be
responsible for the Contractor's failure to perform the Work in accordance with the
Contract Documents or failure to complete Work on schedule.The Architect will not have
control over or charge of and will not be responsible for acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons
performing portions of the Work.. •
4.2.4 Except as otherwise provided in the Contract Documents or when direct
communications 'have been specially authorized, the Owner and Contractor shall
endeavor to communicate through the Architect. Communications by and with the
consultants shall be through the Architect, unless otherwise approved by the Architect.
Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications.by and with separate contractors shall be through the
Owner. The Architect's presence at the Project Site shall not imply concurrence or
approval of the work. Contractor shall call specific items to the Architect's attention in
writing if he wishes to obtain Architect's opinion.
4.2.5 Based on the Architect's observations and evaluations of the Contractor's
Applications for Payment, the Architect will review and certify the amounts due the
Contractor and will issue Certificates for Payment in such amounts.
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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 24
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 and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. 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
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 or approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
4.2.8 The Architect will prepare Change Orders and Construction Change Directives,
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 twenty (21) days
after written request is received.
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4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the
form of drawings.
4.2.13 The Owner's and Architect's decisions on matters relating to aesthetic effect will
be final, if consistent with the intent expressed in the Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money and
extension of time or other relief with respect to the terms of the Contract. The term
"Claim" also includes other disputes and matters in question between the Owner and
Contractor arising out of, or relating to, the Contract. Claims must be made by written
notice. The responsibility to substantiate Claims shall rest with the party making the
Claim.
4.3.1.1 Claims must contain following:
.1 Date of the event giving rise to such Claim and, if applicable, date when
the event ceased;
.2 Nature of occurrence or condition giving rise to the Claim;
.3 Identification of contractual provisions affected and a detailed explanation
of how the Claim is contrary to those provisions;
.4 An estimate of effect upon the Contract Sum, including an itemized
breakdown of additional cost, if any;
.5 An estimate of the effect upon the Project Schedule, including a
comparison of Project Construction Schedule and schedules prepared in
connection with the Claim. If required by Owner or Architect, this shall
include showing in'CPM format, both critical and non-critical path activities
affected and showing Project Construction Schedule and Claim
sequences, durations and float substantiating delay claimed.
• 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by
the Architect, shall be referred initially to the Architect for action as provided in Paragraph
4.4. A decision by the Architect and Owner,as provided in Subparagraph 4.4.4, shall be
required as a condition precedent to litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due, regardless of:
(1) whether such matters relate to execution and progress of the Work, or(2) the extent
to which the Work has been completed.
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
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continue to make payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute
a waiver of Claims by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising, out of the
Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents; or
.3 terms of special warranties required by the Contract Documents.
4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered
at the site which are: (1) subsurface or otherwise concealed physical conditions which
differ materially from those indicated in the Contract Documents, or(2) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to
exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents,then notice by the observing party shall be given
to the other party promptly before conditions are disturbed. The Architect will promptly
investigate and evaluate such conditions and, if they differ materially and cause an
increase or decrease in the Contractor's cost of, or time required for, performance of any
part of the Work, will recommend an equitable adjustment in the Contract Sum or
Contract Time, or both. If the Architect determines that the conditions at the site are not
materially different from those indicated in the Contract Documents and that no change
in the terms of the Contract is justified, the Architect shall so notify the Owner..and
Contractor in writing, stating the reasons. Claims by either party in opposition to such
determination must be made and submitted within twenty-one (21) days after the
Architect has given notice of the decision. If the Owner and Contractor cannot agree on
an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to
the Architect for initial determination, subject to further proceedings pursuant to.
Paragraph 4.4.
4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an
increase in the Contract Sum, written notice as provided herein shall be given before
proceeding to execute the Work. Prior notice is not required for.Claims relating to an
emergency endangering life or property arising under Paragraph 10.6. If the Contractor
believes additional cost is involved for reasons including but not limited to: (1).a written
interpretation from the Architect; (2) an order by the Owner to stop the Work where the
Contractor was not at fault; (3) a written order for•a minor change in the Work issued by
the Architect; (4) failure of payment by the Owner; (5) termination of the Contract by the
Owner; (6) Owner's suspension, or(7) other reasonable grounds, Claim shall be filed in
accordance with this Paragraph 4.3.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given. The Contractor's Claim shall
demonstrate that the task is on the critical path and identify the new completion date. In
the case of a continuing delay, only one Claim is necessary.
4.3.8.1.1.The Contractor's request for an increase in the time shall be submitted with pay
applications. The delay impacting the critical path shall be addressed no later than the
pay application for the month following the month in which the time was lost.
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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 will be local official
records. 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.
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.
4.3.13 Owner will only be required to pay for materials actually received and/or services
actually provided. Owner shall not be required to pay for materials or services described
in the contract that are not used or provided by the contractor in completion of the
contract. This term supersedes any contradicting terms throughout the contract and or
any attachments.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 •Page 28
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 Decision of Architect:
Claims, including those alleging an error or omission by the Architect but
excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to
the Architect for decision. An initial decision by the Architect shall be required as a
condition precedent to mediation,arbitration (if allowed)or litigation of all Claims between
the Contractor and Owner arising prior to the date final payment is due, unless thirty(30)
days have passed after the. Claim has been referred to the Architect with no decision
having been rendered by the Architect. The Architect will not decide disputes between
the Contractor and persons or entities other than the Owner.
4.4.2 The Architect will review Claims and within twenty-one (21)days of the receipt of
the Claim take one or more of the following preliminary actions within ten (10)•days of
receipt of a Claim: (1) request additional supporting data from the claimant or a response
with supporting data from the other 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
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•
to perform a portion of the Work at the site. The term "Subcontractor" is referred to
throughout the Contract Documents as if singular in number and means a Subcontractor
or an authorized representative of the Subcontractor. The term "Subcontractor" does
not include a separate contractor or subcontractors of a separate contractor.
5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract
with a Subcontractor to perform a portion of the Work at the site. The term "Sub—
• subcontractor" is referred to throughout the Contract Documents as if singular in number
and means a Sub—subcontractor or an authorized representative of the Sub—
subcontractor.
5.1.3 Architect and Architect's consultants may, but are not required.to, communicate
• directly with any Subcontractor, Sub-subcontractor, or materials supplier when it is
necessary to obtain information necessary for the Architect or Architect's consultants to
complete its services on the Project. The Architect shall endeavor to keep Contractor
•
informed of conversations. Requests for information, interpretation or clarification, and
correspondence must all be in writing and must be routed through Contractor.
5.2 AWARD OF SUBCONTRACTS AND' OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.2.1 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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 30 •
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be
bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these
Documents, assumes toward the Owner and Architect. Each subcontractor agreement
shall preserve and protect the rights of the Owner and Architect under the Contract
Documents with respect to the Work to be performed by the Subcontractor so that
subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,
unless specifically provided otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the Contractor, by the Contract
Documents, has against the Owner. Where appropriate, the Contractor shall require
each Subcontractor to enter into similar agreements with Sub—subcontractors.
The Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound and, upon written request of the. Subcontractor, identify to
the Subcontractor terms and conditions of the proposed subcontract agreement which
may be at variance with the Contract Documents. Subcontractors shall similarly make
copies of applicable portions of such documents available to their respective proposed
Sub—subcontractors.
5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and
persons either, directly or indirectly, employed by them or under their control, as
Contractor is for their own employees.
5.3.3 Nothing in Contract Documents creates any contractual relationship between any
Subcontractor or Sub-subcontractor, or other levels of contractors and subcontractors,
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 with
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 31
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.
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.
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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 INTHE 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 7.3.3.
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
Agreement for Construction—Courthouse Security EnhancementRFP CIP 22-515 Page 33
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 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, whether
rented from the Contractor or others;
.4 costs of premiums for all bonds and insurance, permit fees, and sales, use
or similar taxes related to the Work;
.5 additional costs of supervision and field office personnel directly
attributable to the change; and
.6 the maximum allowance for overhead and profit combined included in the
total cost to Owner shall be based on the following schedule: •
• A. for Contractor, for any work performed by his own forces, 15% of
the cost;
B. for each subcontractor involved, work performed by his own forces,
10% of the cost;
C. for Contractor, for work performed by his subcontractor, 5% of the
Agreement for Constmction—Courthouse Security Enhancement RFP CIP 22-515 'Page 34
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.
8.1.1 The Contractor shall achieve substantial completion of the Work not later than
three hundred and sixteen (316) calendar 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 the final approval
of the Agreement, receipt of performance and payment bonds 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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 35
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 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for
anytime time periods referenced in this Contract. The Contract further agrees to the
referenced times as being reasonable 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
8.2.6 Whenever it becomes apparent that any activity completion date may not be met,
unless delay is related to an approved extension of time, Contractor shall take some or
all of following actions and submit supplementary schedule indicating effect of action on
progress and completion of Work, all without additional costs to Owner;
.1 increase number of working hours per shift, shifts per working days,
working days per week, or amount of construction equipment, or any
combination of foregoing which will substantially eliminate backlog of Work,
and put Project back on schedule, and/or,
.2 increase :construction manpower in such quantity as will substantially
eliminate backlog of Work, and put Project back on schedule, and/or,
.3 reschedule activities to achieve maximum. practical concurrency of
accomplishment of activities, and put Project back on schedule.
8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within
three (3) days after receiving written notice, Owner may take action to attempt to put
Project back on schedule, and deduct cost of such actions from money due or to become
due Contractor, or shall be grounds for determination by Owner that Contractor is not
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 36
•
•
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.
•
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 NINE HUNDRED AND FORTY ONE THOUSAND
DOLLARS ($941,000.00) and, subject to authorized adjustments as provided in this
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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; at least twenty (20) days
before the date established for each progress payment, the Contractor shall submit to
the Architect an itemized Application for Payment for operations completed in
accordance with the schedule of values. Such application shall be notarized and
supported by such data substantiating the contractor's right to payment including the
most current Contractors Construction Schedule and/or copies of requisitions from
Subcontractors and material providers as the Owner or Architect may require, and
reflecting retainage if provided for elsewhere in the Contract documents.
9.3.1.2 Such applications may not include requests for payment of amounts the
Contractor does not intend to pay to a Subcontractor or material supplier because of a
dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made
on account of materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work. If approved in advance by the Owner, payment
may similarly be made for materials and equipment suitably stored off the site at a
location agreed upon in writing. Payment for materials and equipment stored on or off
the site shall be conditioned upon compliance by the Contractor with procedures
satisfactory to the Owner to establish the Owner's title to such materials and equipment
or otherwise protect the Owner's interest, and shall include applicable insurance, storage
and transportation to the site for such materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. The Contractor further
warrants that upon submittal of an Application for Payment all Work for which Certificates
for Payment have been previously issued and payments received from the Owner shall,
to the best of the Contractor's knowledge, information and belief, be free and clear of
liens, claims, security interests or encumbrances in favor of the Contractor,
Subcontractors, material suppliers or other persons or entities making a claim by reason
of having provided labor, materials and equipment relating to the Work.
9.3.4 The Contractor shall submit his Application for.Payment, amounting to 95%of the
cost of the work performed and 95% of the materials on hand in accordance with
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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 seven (7) 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. 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;
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.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.
9.6.1.1 Owner will make 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 any due amounts in accordance
with Texas Law. 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, on request, furnish to a Sub-contractor, if practicable,
information regarding percentages of completion or amounts applied for by the
Contractor and action taken thereon by the 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.
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•
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 seven (7) days after receipt of the Contractor's Application for
Payment, or if the Owner does not pay the contractor within seven (7)days after the date.
established in the Contact Documents the amount certified by'the Architect, then the
Contractor may, upon seven (7) additional days'written notice to the Owner or Architect,
stop the Work until payment of the amount owing has been received. The Contract Time
shall be extended appropriately and the Contract Sum shall be increased by the amount
of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for
..
in the Contract Documents. -
9.8 SUBSTANTIAL COMPLETION •
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is
complete in accordance with the Contract Documents so the Owner can occupy or utilize
the Work for its intended use.
9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor
considers that the Work, or a portion thereof which the Owner agrees to accept
• separately, is substantially complete, the Contractor shall thoroughly inspect the Work
and prepare and submit to the Architect a comprehensive list of items to be completed
or corrected, Contractor's Notice of Substantial Completion, and a written request for
Architect's review of the Work. The Contractor shall proceed promptly to complete and
correct items on the list. Failure to include an item on such list does not alter the
responsibility of the Contractor.to complete all Work in•accordance with the Contract
Documents. Upon approval of Substantial Completion by Brazos County, Contractor
has thirty (30) days to reach Final Completion of the Work. If the Contractor does not
achieve Final Completion within thirty(30)days after Substantial Completion, Contractor
shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2
herein.
•
9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the
Contractor's Notice of Substantial Completion and the Contractor's list, the Architect and
Owner will make inspections to determine whether the Work or designated portion
• thereof is substantially complete. If the Architect's and Owner's inspections disclose any
item,whether or not included on the Contractor's list,which is not in accordance with the
requirements of the Contract Documents, the Contractor shall, before issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification by
the Architect. In such case, the Contractor shall then submit another Contractor's Notice
of Substantial Completion and a request for another inspection by the Architect and
Owner to determine Substantial Completion.
9.8.4 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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 41
assigned to them in such Certificate.
9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and
Contractor for their written acceptance of responsibilities assigned to them in such
Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make
payment of retainage applying to such Work or designated portion thereof. Such
payment shall be adjusted for Work that is incomplete or not in accordance with the
requirements of the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy, or use, any completed or partially completed portion of
the Work at any stage when such portion is designated by separate agreement with the
Contractor, provided such occupancy or use is consented to by the insurer as required
under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction
over the Work. Such partial occupancy, or use, may commence whether or not the
portion is substantially complete provided that the Owner and Contractor have accepted
in writing the responsibilities assigned to each of them for payments, retainage if any,
security, maintenance, heat, utilities, damage to the Work and insurance, and have
agreed in writing concerning the period for correction of the Work and commencement
of warranties required by the Contract Documents. When the Contractor considers a
portion substantially complete, or the Owner notifies the Contractor of intent to occupy
or use a portion of the Work prior to substantial completion, the Contractor shall prepare
and submit a list to the 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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 42
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 paid
or otherwise satisfied; (2)a certificate evidencing that insurance required by the Contract
Document to remain in force after final payment is currently in effect and will not be
canceled or allowed to expire until at least thirty (30) days' prior written notice has been
given to the Owner; (3) a written statement that the Contractor knows of no substantial
'reason that the insurance will not be renewable to cover the period required by the
Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required
• by the Owner, other data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests or encumbrances
arising out of the Contract, to the extent and in such form as may be designated by the
Owner,for Owner's review and approval. If a Subcontractor refuses to furnish a release
or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Owner all money that the Owner
may be compelled to pay in discharging such lien, including all costs and reasonable
attorney's fees.
9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially
delayed through no fault of the Contractor or by issuance of Change Orders affecting
final completion and the 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.
9.10.4The 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
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.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.
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.
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.
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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 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.
•
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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
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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 46
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
Contractor so notified the Owner and Architect. The Contractor shall notify the Owner
and Architect prior to bringing any hazardous material or substance onto the Project site.
10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by
a government agency for the cost of remediation of a hazardous material or substance
solely by reason of performing Work as required by the Contract Documents, the Owner
shall indemnify the Contractor for all cost and expense thereby incurred.
10.4 EMERGENCIES •
10.4.1 In an emergency affecting safety or health of persons or property, the Contractor
shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss.
Additional compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.3. and Article 7.
10.4.2 The Contractor shall promptly report in writing to Owner and Architect all accidents
arising out of, or in connection with, the performance of the Work, whether on or off the
site, which caused death, personal injury or property damage, giving full details and.
statements of any witnesses. In addition, if death, serious personal injuries or serious
property damages are caused, the accident shall be reported immediately by telephone
or messenger to Owner and Architect.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a company or companies
lawfully authorized to do business in the State of Texas such insurance as will protect
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•
the Contractor from claims set forth below which may arise out of, or result from, the
Contractor's operations under the Contract and for which the Contractor may by legally
liable, whether such operations be by Contractor or by a Subcontractor or by anyone -
directly, or indirectly, employed by any of them, or by anyone for whose acts any of them
may be liable:
.1 claims under workers' or workmen's compensation, disability benefit and
other similar employee benefit acts which are applicable to the Work to be
performed;
.2 claims for damages because of bodily injury, occupational sickness or
disease, or death of the Contractor's employees;
.3 claims for damages because of bodily injury, sickness, disease or death of
any person other than the Contractor's employees or persons or entities
excluded by statute from requirements of Subparagraph 11.1.1.1, but
required by Contract Documents to provide insurance required by that
Subparagraph; .
.4' claims for damages insured by usual personal injury liability coverage
which are sustained by: (1) by a person as a result of an offense directly or •
indirectly related to employment of such person by the Contractor; or (2)
by another person; •
.5 claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from;
.6 claims for damages because of bodily injury, death of a person or property
damage arising out of ownership, maintenance or use of a motor vehicle;
.7 claims for bodily injury or property damage arising out of completed '
operations;
.8 claims involving contractual liability insurance applicable to the
Contractor's obligations under Paragraph 3.18.
-.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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 48
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:$ 500,000 each accident
$ 500,000 disease, policy limit
$500,000 disease, each employee
(e) Benefits required by union labor contracts: As.Applicable
(f) "Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
2. Comprehensive or Commercial General Liability (including Premises
Operations; Independent Contractors' Protective: Products and Completed
Operations; Broad Form Property Damage):
(a) Bodily Injury: $ 1,000,000 each occurrence
$ 1,000,000 aggregate
(b) Property Damage: $ 1,000,000 each occurrence
$ 1,000,000 aggregate
(c) Products and Completed Operations Insurance to be maintained for
a minimum period of five (5) 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.
(f) "Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
3. Contractual Liability:
(a) Bodily Injury: $ 1,000,000 each occurrence
(b) Property Damage: $ 1,000,000 each occurrence
$ 2,000,000 aggregate
4. Personal Injury with Employment Exclusion deleted: $ 1,000,000
aggregate
5. If the General Liability coverages are provided by a Commercial Liability
policy, the:
(a) General Aggregate shall be not less than $ 2,000,000 and it shall
apply, in total, to this Project only.
(b) Fire Damage Limit shall be not less than $ 100,000 on any one
Fire.
(c) Medical Expense Limit shall be not less than $ 10,000 on any one
person.
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(d) "Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
6. Umbrella Excess Liability: $ 2,000,000 over primary insurance
$ 10,000 retention for self-insured hazards each
occurrence
7. Business Auto Liability (including owned, non-owned and hired vehicles):
(a) Bodily Injury: $ 500,000 each person
$ 1,000,000 each accident
(b) Property Damage: $ 500,000 each occurrence
(c) "Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
Note: The State of Texas has a no-fault automobile insurance requirement.
Contractor shall be certain coverage is provided which conforms to any
specific stipulation in the law.
11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner
prior to commencement of the Work. These Certificates and the insurance policies
required by this Paragraph 11.1 shall contain a provision that coverage afforded.under
the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior
written notice has been given to the Owner. If any of the foregoing insurance coverage
are required to remain in force after final payment and are reasonably available, an
additional certificate evidencing continuation of such coverage shall be submitted with
the final Application for Payment as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the Contractor with reasonable
promptness in accordance with the Contractor's information and belief. Not later than
ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the
insurance certificate in accordance with the above requirements naming Owner as
additional insured.
11.2 OWNER'S LIABILITY INSURANCE:
11.2.1 The Owner reserves the right to be self-insured for any and all insurance of any
kind, type, or nature required by the Contract Documents.
11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent
liability for claims which may arise from operations under the Contract.
.1 Bodily Injury:
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
.2 Property Damage:
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
11.3 PROPERTY INSURANCE
11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property
insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of
the initial Contract Sum, plus Architect fees, plus value of subsequent Contract
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modifications and cost of materials supplied or installed by others, comprising total value
for the entire Project at the site on a replacement cost basis without optional deductibles.
Such property insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made as provided in
Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest
in the property required by this Paragraph 11.3 to be covered, whichever is later. This
insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-
subcontractors in the Project. The form of policy for this coverage shall be (Completed
Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub-
subcontractors as their interests may appear in amount equal to contract sum for the
Work. If Owner is damaged by failure of Contractor to maintain such insurance, then
Contractor shall bear all reasonable costs properly attributable thereto.
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.
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.
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11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days
following the date the Agreement is entered into, or if Work is to be commenced prior
thereto in response to a letter of intent, Contractor shall, prior to commencement of Work,
submit evidence satisfactory to Owner that such bonds will be furnished.
11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of
bonds covering payment of obligations arising under the Contract, the Contractor shall
promptly furnish a copy of the bonds or shall permit a copy to be made.
11.4.7 Contractor shall keep surety informed of progress of Work and where necessary,
obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for
reduction or release of retention; (3) request for final payment; and (4) any other
information required by surety. .
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the Architect's, Owner's 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 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
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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.
12.2.4 The Contractor shall bear the, cost of correcting destroyed, or damaged,
construction, whether completed or partially completed, of the Owner or separate
contractors caused by the Contractor's correction or removal of Work 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
Contractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING.WORK
12.3.1 If the Owner prefers to accept Work which is not in accordance with the
requirements of the Contract Documents, the Owner may do so instead of requiring its
removal and correction, in which case the Contract Sum will be reduced as appropriate
and equitable. Contractor shall bear all direct, indirect and consequential costs
attributable to Owner's evaluation of and determination to. accept such defective or
nonconforming Work (such costs to include but not limited to fees and charges of .
Architects, Architects, testing agencies, consultants, attorneys and other professionals).
Such adjustment shall be affected 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.
•
•
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ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of
Texas and venue shall be at all times Brazos County,Texas. Respondent(s) understands
that Brazos County is a governmental entity subject to Texas State and Federal public
information statutes. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this bid and/or subsequent contract and the contractor or vendor
agrees that the contract can be terminated if the contractor or vendor knowingly or
intentionally fails to comply with a requirement of that subchapter. This provision is
mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the
Texas Government Code.
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.
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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 54
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
County shall make arrangements for such tests, inspections and approvals with an
independent testing laboratory or entity, and shall bear all related costs of tests,
inspections and approvals. The Contractor shall give the testing agency, Project
inspector (if any), public authorities and (if requested), Architect timely notice of when
and where tests and inspections are to be made so that they may observe such
procedures. The Owner shall bear costs of tests, inspections or approvals which do not
become requirements until after bids are received or negotiations concluded.
13.5.2 If the Architect, Owner, Project inspector (if any), or public authorities having
jurisdiction determine that portions of the Work require additional testing, inspection or
approval not included under Subparagraph 13.5.1, the Project inspector (if any), or
Architect will, upon written authorization from the Owner, instruct the Contractor to make
arrangements for such additional testing, inspection or approval by an entity acceptable
to the Owner, and the Contractor shall give timely notice to the testing agency, project
inspector (if any), governing agency, and (if requested), Architect of when and where
tests and inspections are to be made so they may observe such procedures. The Owner
shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established
by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all
costs made necessary by such failure including those of repeated procedures and
compensation for the Architect's services and expenses shall be at the Contractor's
expense.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise
required by the Contract Documents, be secured by the Contractor and promptly
delivered to the Architect and Project inspector(if any).
13.5.5 If the Architect, Owner or Project inspector(if any), is to observe tests, inspections
or approvals required by the Contract Documents, they will do so promptly and where
practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from
the date payment is due at the legal rate prevailing for public entities under the laws of
the State of Texas.
13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 55
13.7.1 As between the Owner and Contractor:
.1 Before Substantial. Completion. Before Substantial Completion, any
applicable statute of limitations shall commence to run and any alleged •
cause of action shall be deemed to have accrued in any and all events not •
later than such date of Substantial Completion;
.2 Between Substantial Completion and Final Certificate for Payment.
As to acts or failures to acts occurring subsequent to the relevant date of
Substantial Completion and prior to issuance of the final Certificate for
Payment, any applicable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have accrued in any and
all events not later than the date of issuance of the final Certificate for
Payment; and
.3 After Final Certificate for Payment. As to acts or failures to act occurring
after the relevant date of issuance of the final Certificate for Payment, any
applicable statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued in any and all events not
later than the date of any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date of any correction of
the Work or failure to correct he Work by the Contractor under paragraph
12.2, or the date of actual commission of any other act or failure to perform
any duty or obligation by the Contractor or Owner, whichever occurs last..
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 ensure
that applicants are employed and that employees are treated during
employment without regard to their race, religion, color, sex or national
origin. Such action shall include, but not be limited to the following:
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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 56
•
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.
14.1.3 If the Work is'stopped fora 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
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 57
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.
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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 58
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.
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.
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 59
ARTICLE 19 •
AUTHORITY TO CONTRACT •
•
The County Judge is authorized to execute this Agreement upon the
Commis loners Court's approval of the Agreement as set forth in the minutes of the
Court's ,'C( -
j pht9f/(c,2.[n , 2022, meeting.
This Agreement is entered into in as of the day and year first written above and is
executed in at least three (3) original copies of which one (1) is to be delivered to the
Contractor, one (1) to the Architect for use in the administration of the Contract, and the
remainder to the Owner.
OWNER: •
BRAZOS COUNTY, TEXAS
•
Date: q (c01
a',9.
Brazos County Judge
330 South Texas Ave., Suite 332
Brazos,Texas 77803
CONTRACTOR: •
AGGIELAND CONSTRUCTION
'` Date: 9.- 13
Aggieland-C struction
Agreement,for Construction—Courthouse Security Enhancement REP C]P 22-515 Page 60
ATTACHMENT "A"
COURTHOUSE SECURITY ENHANCEMENT
REQUEST FOR PROPOSAL CIP 22-515 & BEST AND FINAL
OFFER
Agreement for Construction—Courthouse Security Enhancement RFP CIP 22-515 Page 61
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Eisi.1.0AGGIELA1STD
CONSTRUCTION
rfi
*' • ' "PP"—.
a � o
-A,
REQUEST FOR PROPOSAL
RFP NO. CIP 22-515
COURTHOUSE SECURITY ENHANCEMENTS
SEALED PROPOSALS TO BE SUBMITTED BEFORE:
Tuesday, August 02, 2022. 2:00pm CST
TO THE:
BRAZOS COUNTY
PURCHASING DEPARTMENT
200 S. Texas Ave. Suite 352
Bryan, TX 77803
Phone: (979) 361-4290
Fax: (979) 361-4293
Vendors, their employees and/or representatives are prohibited from contacting any official or employee of
Brazos County,except the Purchasing Agent,regarding this proposal from the issuing date of the proposal until
scheduled presentations or the date the Brazos County Commissioners Court meets to consider award for the
RFP.Any such contact will be grounds for rejection of the vendor's proposal.
In compliance with this solicitation, the undersigned proposer having examined the solicitation and
specifications and being familiar with the conditions to be met,hereby submits the following RFP for furnishing
the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations
and for the prices set forth on the proposal form.
Company Name: Aggieland Construction
By(Print): Ryan Hudiburgh
Physical Address: 3026 Barron Rd.Suite 500 College Station,TX 77845
Mailing Address: PO Box 271 Wellborn,TX 77881
Phone: (979)393-0080 Email: bids(a,aggielandconstruction.com
ljPage
R. LIST OF SUB-CONTRACTORS
1. Electrical Elite Electric
2. Plumbing N/A
3. Mechanical CC HVAC
4. Masonry Contractor N/A
5. Concrete Aggieland Construction
6. *Data/Audio/Visual/Cabling Wirestar Networks
7. Roofing TriLam
8. Mill Work Keystone Millwork
9. Other
10.Other
11.Other
*The Sub Contractor for#6 above must have a minimum of five(5)years' experience and be
certified by the manufacturer for the products that they are installing.
S. PRICING
The base proposal price below should include $25,000.00 For contingency allowance to be
used only as directed by the Brazos County.
1. Pricing for all materials and work included in the base proposal: $ 95't0®i).8 e)
a. Pricing in word format: 101,,E �'�v�vLdc jQ.. i -�, D %-&-54��
Dn�kcaedlfoCy Jew scS-442..r CZ_es;p -
2. Time to substantially complete(99%)proposed work:ayr\fp,172,v c, dwq(e_
a. Total Number of days in word format:-ra-( �Q�s : 3 05- ''TD-6-1 cev.5+4 i '- Ak4
440 ciao
3. From award by Commissioners' Court and receipt of a purchase order,resp an
begin work in Seven(7) days.
Alternate 1: $ c, p Des•p 6 ' Page e
ci f 4-v J r i'Lo d,avaA
a. Number of days in word format: , j f et days.
T. REFRENCES
Vendors shall provide a list of at least five (5) references,where work comparable,in quality and
scope to that specified has been performed within the past five(5)years. This list should include
. the names, phone number and email of the company/entity for which the prior work was
performed to contact these references. References received on previous solicitations for similar size
and scope in the previous six(6)months may be considered in lieu of obtaining a new reference check. A
negative reference may be grounds for disqualification of bid. Bidders are not allowed to use
Brazos County as a reference.
Company/Entity: College Station ISD
Contact: Rene Ramirez
Phone: (979) 820-2118
Email: rramirez@csisd.org
Company/Entity: Texas A&M University Athletics
Contact: Scot ObergefelI
Phone: (607)435-0390
Email: sobergefell@athletics.tarnu.edu
•
Company/Entity: City of College Station
Contact: Rusty Warncke
Phone: (979)764-3731
Email: rwarncke@cstx.gov.
18IPage
-- Company/Entity: Patterson Architects
Contact: Fred Patterson
Phone: (979)775-6036
Email: fred@patarch.com
Company/Entity: Texas A&M University Facilities and Dining Administration
Contact: Bill Cox
Phone: (979)393-8988
Email: bill.cox@tamu.edu
i r
19IPage
•
;, Brazos County .,
: j: Courthouse Security Enhancements )'
'r��:, College Station,TX•
���•
•
General Contractor's Name: •Aggieland Construction
Address: PO Box 271
City,State,Zip: Wellborn,TX 77881
Telephone No.: (979)393-0080 E-Mail: bids@aggielandconstruction.com
State Comptroller Vendor Identification Number: 46-5359949
1.0 GENERAL
1.1 Qualification information submitted shall be applicable only to the Contractor's office that
will perform this Work.
2.0 COMPANY INFORMATION&HISTORY
2.1 ❑ Corporation ® Partnership ❑ Sole Proprietorship 0 Joint Venture 0 Limited
Liability Company
State of Organization: Texas
2.2 How many years has organization been in business as a contractor? 8
2.3 How many years has your organization been in business under its present business name?
8
2.4 Under what other or former names has your organization operated? N/A
2.5 List other fully staffed offices or fully staffed branch offices of your organization:
Name/Location Branch Manager Tel phone Number
N/A
•
2.6 Corporate Officers, Partners or Owners of Organization:
Name Title Construction Experience
N/A
•
•
AGGIELAND
CONSTRUCTION
Y'
Brazos County
ri ;� Courthouse Security Enhancements i'
�•�•`� College Station,TX
2.7 If your organization is a corporation,answer the following:
• Date of incorporation: N/A
• State of incorporation: N/A
• President's name: N/A
• Vice-president's name(s): N/A
• Secretary's name: N/A
• Treasurer's name: N/A
2.8 If your organization is a partnership,answer the following:
• Date of organization: 3/15/2014
• Type of partnership,if applicable: Limited
• Name(s)of general partner(s): BMJ Acquisitions.
2.9 If your organization is individually owned,answer the following:
• Date of organization: N/A
• Name of owner: N/A
2.10 If the form of your organization is other than those listed above, describe it and name
principals: N/A
2.11 List jurisdictions and trade categories in which your organization is legally qualified to do
business,and indicate registration or license numbers,if applicable.
Texas
2.12 List jurisdictions in which your organization's partnership or trade name is filed.
Texas
3.0 LITIGATION/CLAIMS
3.1 Has your organization ever failed to complete any work awarded to it as YES 0 NO El
contracted,that resulted in termination of the contract?
3.2 Are there any judgements,claims,arbitration proceedings or suits YES❑ NO
pending or outstanding against your organization or its officers made
by your customers?
3.3 Has your organization filed any lawsuits or requested arbitration with YES 0 NO
regard to construction contracts within the last five years?
3.4 Within the last five years, has any officer or principal of your organization YES 0 NO
ever been an officer or principal of another organization when it failed
to complete a construction contract?
AGGIELAND
CONSTRUCTION
•
Brazos County
* . Courthouse Security Enhancements
`! '
4i' College Station,TX
4.0 EXPERIENCE&QUALIFICATONS
4.1 List categories of work that your organization normally performs with its own forces.
Demo,Drywall,Ceilings, Painting,Concrete, Millwork,Cleaning,Project Management,
Health and Safety Oversight,Managing and Paying Subcontractors
4.2 Propose to perform 45 %of the work for this project with own forces.
(List Trades)
Demn, Drywall, Ceilings, Painting, Cleaning, Prnject Management, Health and Safety
Oversight
4.3 List major construction projects of similar scope and size where General Contractor acted
as prime of publically funded projects. Using a similar format to that shown below list
projects your organization has in-progress and/or has completed (Limit 10 projects)
within the past 5 years:
(Include as attachment at end of this document titled as"Current&Past Projects")
• See Attached Projects
4.4 Total number and dollar amount of contracts currently in progress:
Number 12 $ 10 Million
4.5 Largest single contract amount currently in-progress:$ 3.5 Million
Project Name: Alpha Delta Pi Sorority House
• Projected Completion Date: 08/2022
4.6 Volume of work completed over fast 5 years:(Through 12/31)
2021 $ 13.5 Million
2020 $ 12.5 Million
2019 $ 10 Million
2018 $ 6 Million
2017 $ 5 Million
5.0 REFERENCES
5.1 Client References:
Rene Ramirez Scot Obergefell Rusty Warncke
CSISD TAMU Athletics City of College Station •
rramirez@csisd.org _ sobergefell@athletics.tamu.edu rwarncke@cstx.gov
5.2 Trade References:
Dailey Electric AG Plumbing ACO Mechanical
8330 Jones Rd. 233 Marino Rd. 9409 E State Highway 21
College Station,TX 77845 Bryan,TX 77808 Bryan,TX 77808
AGGIELAND
q1.10 CONSTRUCTION
�'="�,. Brazos County ';;
v
r Courthouse Security Enhancements i
,.o.. College Station,TX
5.3 Bank References: Guaranty Bank and Trust
710 William D Fitch Pkwy
College Station,TX 77845
5.4 Surety
• Name of bonding company: Argonaut Insurance Company .
• Name and address of agent: Maryana Zhuk
13430 Northwest Freeway Suite 600 Houston,TX 77040
6.0 ABILITY&QUALIFICATIONS OF PROFESSIONAL PERSONNEL
6.1 Project Organization Chart(Please attach at the end of this document) •
6.2 Detailed resumes of individuals assigned to this project including project manager,
superintendent, project scheduler/expediter, and quality control supervisors as
applicable. (Please attach at end of this document)
6.2.1 Resumes of your key personnel shall include professional affiliations such as
• membership in the American Institute of Constructors and if the individual is a
-- Level I or Level II Certified Professional Constructor.
6.2.2 In addition,a listing of other construction personnel within your organization that
are members of the American Institute of Constructors shall be included and their
respective level of certification.
6.3 Approximate amount of time each project team member is expected to spend on the
project:
Kyle Maas-100% Jeff McWhorter-60% -
Todd Brockman-100% Matt Rusk-60%
Britt Jones-10% Maria Vizcaya-10%
AGGIELAND.
. qiik0 CONSTRUCTION
Brazos County ;`�'•47.
I
� 1' Courthouse Security Enhancements '( .
• College Station,TX09
7.0 PROJECT APPROACH&METHODOLOGY
7.1 Provide methodology on meeting the parameters/expectations of the specific project.(If
additional space is needed please insert additional sheets at the end of this document):
We will have a schedule that will keep all subcontractors and owners communicating
on the same page and maintain the proiect's deadline of completion.Submittals and
RFI's will be conducted in a timely manner. Long lead items will be ordered
immediately after approved submittals.We will conduct push/pull meetings and try to
eliminate all change orders if possible.
8.0 LIST OF SUBCONTRACTORS
8.1 Please list all subcontractors proposing to use on this project. (If additional space is
needed please insert additional sheets at the end of this document):
Elite Electric,CC HVAC,TriLam Roofing,Wirestar Networks,
9.0 PROPOSED PROJECT SCHEDULE
9.1 List procedures outlining how the contractor will update the Architect&ODR on progress
of the project work schedule in order to meet the established contractual completion
date:
We will have meetings to update the schedule and provide RFI's and all submittals in a
timely manner.
AGGIELAND
CONSTRUCTION
' 'elanrd Con stru ctl on Org a n iza tkifl Ch art
CEO/CFO •
Britt Jones •
i CCO ,
Mike COO/Sr. PM CMO
Wiebelha,us Matt Shive e •`I Megan.Jones
Safety - _ - - - _ • - -
Administrator : VP of ,
Construction
MDX
General Business
Kyle Maas Superintendent Administrator
Jeff McWhorter , Maria Vizcaya
Project
anager ' Project Manager " Project Manager Estimator - j
' John Walker Daniel Martinez
Project manager i
Ryan Hudiburgh Receptionist Ji
4.
Project Engineer ., Project Engineer • •
Matt Rusk Grant,Williams •
Superintendent Superintendent '; Superintendent : 'l: Foreman - "` Manuel
Todd Brockman •
,5 Robert Jones Mitch Isbell Luis Martinez ,
Martinez
.„_.„...
I Brazos County ;
Courthouse Security Enhancements a �
College Station,TX
•
Allic , BRITTON JONES
�.` f CEO
/ I t ,.
,zsv
'y. '
EDUCATION
Texas A&M University
-, Bachelor of Science
CONTACT
Cell:
979-393-8807 . WORK EXPERIENCE
Office: • Midtown Business Park Ground Up College Station,
979-393-0080 Tx
Fax:, • Texas A&M University Mosher Hall Renovation
979-393-0313 College Station, Tx.
• Neeley Hall Renovation College Station,Tx.
WEBSITE: • Brazos Park Development Ground Up College -
www.aggielandconstruction.com Station,Tx.
• City View Ground Up College Station,Tx.
- • Texas A&M University Reproductive Sciences
EMAIL: • College Station,Tx.
Britt.Jones@aggielandconstruction.co • Texas A&M University Kyle Field Renovation College
m Station,Tx.
• Texas A&M University Wells Hall Renovation College
Station,Tx.
•
AGGIELAND
CONSTRUCTION
I _�-'-�.:• Brazos County
l �• Courthouse Security Enhancements
College Station,TX
Kyle Maas
Vice President of Construction
WORK EXPERIENCE
SKILLS
Madison Construction
Over 13 years of overseeing
multiple projects.Submitting • Adam Development Properties: Momentum Plaza
and tracking RFIs, submittals, 10-Story Finish-out. College Station,TX
ASIs, Change orders to • Woodson Lumber Company Groesbeck,TX
subcontractors, Project • Texas A7M Luedecke Cyclotron Building Expansion
Meeting minutes and close-out Project College Station,TX
documents.Assisted the • Texas A&M Schubot Bird Center College Station,TX
Superintendent throughout the • Texas A&M Center for Urban and Structural
Construction process with Entomology College Station,TX
_- quality control, planning, • Central Texas Sports Medicine & D1 Sports Complex
scheduling, field Bryan,TX
measurements, interpreting • Chemex industrial Complex New Waverly,TX
plans, specifications &shop • Bryan 1SD Sul Ross Elementary School Bryan,TX
drawings. • Bryan ISD Collegiate Building Renovation & MC
Harris Renovations Bryan,TX
• Texas A&M Legett Hall Renovations College Station,
TX
CONTACT • Texas A&M Heaton-Hall Renovations College
Cell: Station,TX
254-482-0916 • Oakmont Structural Tower&Masonry Wall Structure
Office: Bryan,TX
979-393-0080 • Oakmont Amenity Center Bryan,TX
Fax: • Douglass Mazda Dealership Bryan,TX
979-393-0313 • Oakmont Residential Development-Phase 2&3
Bryan,TX
WEBS ITE:www.aggielandconstruction.com
EMAIL: Kvle.Maas@aggielandcons
truction.com
AGGIELAND
CONSTRUCTION
I • Brazos County
.
-r Courthouse Security Enhancements 1',
`4�.o. �� College Station,TX ,'" ,�
'' r,f 1 '
,,- GENERAL SUPERINTENDENT
CERTIFICATION
SKILLS
• 39 years of proven on-site
experience. Interfacing with
client to ensure their .
satisfaction; overseeing
individual projects to assure
compliance with scope and
quality as established bythe General Superintendent-Aggieland
G y Construction
contractor documents.
Enforcing site cleanliness and • Midtown Development Midtown Phase II Collegestation,Tx
safety programs. • Texas A&M University McFadden Hall College Station,Tx
• Texas A&M University Heep Renovation ExperimentalKitchen&Restrooms
College Station,Tx
• RFP Properties DayBreak Day Program Bryan,Tx
•
CONTACT • Cottonseed Warehouse College Station,Tx
• Devin Holum Metal Building College Station,Tx
Cell: • Kyle West Office Ste College Station,TX
979-777-2568 • CCG Office Remodel College Station,TX
Office: • MSC Veterans Resources DMS 2 College Station,TX
979-393-0080 • Alpha Delta PI College Station,TX •
Fax: • Rellis Administration Complex College Station,TX
979-393-0313
W EBSITE: RM Dudley Construction-Superintendent
www.aggielandconstruction.com
• Texas Center—All Phases
• TAMU/TEEX Brayton Fireman Training School ClassroomBldg.and Structural
Burn Training Complex
• Bethel'Lutheran Church
JEFF MCWHORTER
EMAIL:
Jeff@asgielandconstruction.com
• -._TAL VALUE OF PROJECTS:
AGGIELAND
$133 MILLION iii
CONSTRUCTION
Brazos County
Courthouse Security Enhancements
College Station,TX `'^^°''�
Y
,.r t-
?
r$ t _ TODD BROCKMAN
�_ �� �#' Superintendent
•
SKILLS CERTIFICATION
Blueprint Interpretation & First Aid & CPR, OSHA 10, Laser Operator, Forklift Operator,
Understanding.Supervising & Backhoe Operator and Scissor Lift Operator
scheduling labor& material.
Project & progress meeting.
Material Estimating WORK EXPERIENCE
coordination of project • Texas A&M University McFadden Hall College
subcontractors.Vendor Station Tx
communication. Project • Texas A&M University HEEP Renovation Experimental
progress &completion Kitchen & Restrooms College Station,TX
'schedule deadlines. Conflict • Texas A&M University Aerothermo Chemistry Lab
resolution &leadership. College Station,Texas
• Texas A&M University Gerg Building College Station
CONTACT • Texas A&M University Halbouty College Station,
Texas
Cell: • Texas A&M University Kleberg-Lab Renovation
979-251-4387 College Station,Texas
Office:
979-393-0080
Fax:
979-393-0313
WEBSITE:
www.aggielandconstruciton.com •
EMAIL:
Todd.brockman@acid elandconstrutio
n.com
AGGIELAND
CONSTRUCTION
''`'4i Brazos County
• 1)• Courthouse Security Enhancements 4,
{`�•o.e.'°b' College Station,TX
r. � '(Joe_
MATT SHIVE
={- n: COO/Sr, PM
EDUCATION
SKILLS _ Texas A&M University
Extensive experience Bachelor of Construction Science
managing projects ranging CERTIFICATION
from small scale to 80 million in
the commercial and industrial OSHA 10, OSHA 30, NACE CIP Level 1 and AWS CW1
sectors. A graduate of Texas
A&M, A resident of College
Station and having worked on WORK EXPERIENCE
numerous projects for the • Midtown Development Midtown Phase Il College
TAMU System, Matt takes great
personal pride in providing a Station,Tx Contract: $2,632,520.00 quality project to a satisfied • Texas A&M University Reed Arena 2na Floor
end user. Renovation College Station, Tx Contract:
$1,186,002.00
CONTACT • Bryan ISD District Wide Security Fencing Bryan,TX
Contract: $1,089,720.00
Cell: - • Texas A&M University Heep Renovation
936-870-5820 Experimental Kitchen & Restrooms Contract:
Office: $706,207.00
979-393-0080 • Texas A&M University Harrington Exterior Repair
Fax: College Station, TX Contract:$142,035.00
979-393-0313 • Texas A&M University Halbou.ty Cleaning College
Station,Tx Contract: $111,760.00
WEBSITE:
www.aggielandconstruction.com
EMAIL:
matt.shive@aadelandconstruction.com
•
AGGIELAND
CONSTRUCTION
I Brazos County `�•.
1� Courthouse Security Enhancements o
moo.. College Station,TX
r . - RYAN HUDIBURGH
Y-= -I • , ., ,, Project Manager/Estimator.
.. \/, •
SKILLS EDUCATION
Management of general Texas A&M University
construction and Bachelor of Science
subcontractors. Knowledge of
computer spreadsheet and WORK EXPERIENCE
data tracking. Prepare bidding
proposals. Construction and • Texas A&M University Reproductive Sciences
skilled labor. College Station,Tx
• Texas A&M University Aston Hall HVAC College
• Station Tx
• CONTACT • Texas A&M University McFadden Hall College
Cell: Station.Tx
979-2646973 • Texas A&M University Energy Systems Lab College
Station
Office:
O ffie • Texas A&M University Halbouty College Station Tx
979-393-00809-393-0313 • Texas A&M University Kleberg-Lab Renovation
Fax:97College Station Tx
WEBSITE: • Prairie View A&M University, Evans Hall Renovation,
www.aggielandconstruction.com Prairie View,Tx
EMAIL:
Rvan.hudiburcih@aggielandco
nstruction.com
AGGIELAND
CONSTRUCTION
I : Brazos County
• 1• Courthouse Security Enhancements
a
4 '
..r.,,' College Station,TX
"' . .:. MIKE WIEBELHAUS •
G�'1.�fji a ..: -,11„
", -A CCO(Chief Compliance Officer)
CERTIFICATION
OSHA 30
SKILLS
38 years of proven on-site experience. WORK EXPERIENCE
A resident of Bryan and currently r -
working on many projects on TAMU • Texas A&M University Completion of Corps Dorm
College Stationcampus,Mike Renovation
understands the campus standards, College Station, TX; Contract: $126,052,517.00
infrastructure and owner expectations.
• Texas A&M University Chemistry Building 1972
Responsibilities include organization Wing 3rd floor renovation, College Station, TX;
and mobilization of field operations, Contract: $3,362,796.00
continuing project planning and
documentation of daily activitiesand • Texas A&M University 1972 Wing Chemistry
inspection of all work for quality Building 4th Floor Renovation, College Station, TX;
performance,project safety and Contract: $7,756,954.00
project schedule.
• Texas A&M University Cox-McFerrin Center for
Aggie Basketball, College Station, TX; Contract:
$18,469,142.00
CONTACT
• Texas A&M University, Bright Football Complex,
Cell: College Station, TX, Contract: $18,290,300.00
832-642-0600
Office:
979-393-0080
Fax:
979-393-0313
WEBSITE:
www.aggielandconstruction.com
EMAIL:
Mike.wiebel haus@aseielandconstruc
tion.com
AGGIELAND
CONSTRUCTION
I =i, , Brazos County .•.
�i` paLfir Courthouse Security Enhancements
`�'•o+• College Station,TX
= -. .. L. DAVID MILLER
1 . 1.1 11, . .i k1li{ - Project Manager
19. 1.A, , it ii :1,1, 11,i
hi
SKILLS EDUCATION
RS Means, Blue Beam, Texas A&M University
ProCore, MicrosoftOffice, Bachelor of Science
Document Control .
CERTIFICATION '
CONTACT
Procore Certification: Project Management and Core
Cell: Tools
832-418-8679
Office:
979-393-0080 WORK EXPERIENCE
Fax:
979-393-0313 • Texas A&M University Reed Arena 2nd Floor
Renovation College Station
Contract:$1,186,002.00
WEBSITE: • Bryan ISD District-Wide Security Fencing
www.aggielandconstruction.com Contract:$1,089,720.00
• Texas A&M University Aston.Hall Renovation CollegeStation,
EMAIL: Tx.
David.miller@aaaiefandcons Contract:$1.1 Million
truction.com • McFadden Hall Renovation College Station,Tx.
Contract:$758,184
• Reed 3rd Floor College Station,TX Contract:
$913,000.00
• Kyle West Office Ste.College Station,TX Contract:
$1,852,000.00
• CCG Office Remodel College Station TX,Contract:
$1,235,000.00
• Midtown Development College Station,Tx Contract:
3,200,000.00
• MSC Veterans Resource DMS 2 College Station,Tx
Contract:$ 1,394,000.00
• DMS Lower Level College Station,TX Contract:$
1,189,750.00
• Alpha Delta Pi College Station,TX Contract:
3,900,000.00
• Rellis Administration Complex College Station,TX
Contract: $2,700,000.00
AGGIELAND
CONSTRUCTION
Brazos County ,'
t � Courthouse Security Enhancements j'
` f College Station,TX `^
i". . r•. 1 I
l .
"AA
,.J °g - MARIA VIZCAYA
Business Administrator
SKILLS WORK EXPERIENCE
Managing and supervising any • Handle financial documentation.
administrative assistants.Maintaining
paperwork and personal records • Sort income mail.
organizing.Keeping track of all new • Provide financial support to clients and work
jobs.Bookkeeping,invoicing, colleagues.
budgeting and accounting.
• Payroll, financial transactions, and orders.
• Perform data analysis.
CONTACT
Office:
979-393-0080 CERTIFICATION
Fax:
979-393-0313
o Notary Public
WEBSITE: o CPR
vwwv.aggielandconstruction.com o Cosmetologist
EMAIL:
Mariavizcava@ aciaielandconstruction.
•
corn
•
AGGIELAND
CONSTRUCTION
I •yam. Brazos County :%'�"•
r! ��• Courthouse Security Enhancements
College Station,TX V^r°`'.
DANIEL MARTINEZ
• Project Manager
CERTIFICATION
OSHA 10
CONTACT
Cell:979-204-0325 WORK EXPERIENCE
Office: • Texas A&M University Reed Arena/Lohman Lobby
979-393-0080 Renovation
Fax: • Texas A&M University Mosher Hall Renovation
979-393-0313 College Station, Tx.
• King Ranch Tenant Buildout
WEBSITE: • Texas A&M University Neely Hall Renovations
www.aggielandconstruction.com College Station, TX
• Texas A&M University Reproductive Sciences
College Station,Tx.
EMAIL: • Texas A&M University Kyle Field Renovation College
daniel.martinez@agoielandconstructi Station,Tx.
on.com • Texas A&M University Wells Hall Renovation College
Station,Tx.
TOTAL MANAGED WORK
$50 MILLION
AGGIELAND
CONSTRUCTION
ID
Brazos County ;;;''��;Courthouse Security Enhancements I. r;
'4,� College Station,TX ',^,•`''
1
F .' ''_ ,;, \. MEGAN JONES
rr
.1 CMO (Chief Marketing Officer)
''$•:i
G
t
0 .
SKILLS
WORK EXPERIENCE
Manage all marketing and
advertising, maintaining • HR Management
effective records & • Marketing and Advertising
- administration, Upholding • Payroll
•
the legal requirements, Recruitment
g
ensuring meeting are • gani• Or zation Change
Organization
effectively organized, •
O
• Policies & Form Publishing
Inputting data.
Maintaining all social CERTIFICATIONS
media and web services. State of Texas LVN License
Licensed Vocational Nurse .
Basic Life Support Certified LVN, State of Texas, 2013
CONTACT IV Therapy Certified Nursing Assistant
PHONE: CNA, State of Texas 2012
979-393-0080 C P R
Fax:979-393-0313
WEBSITE:
www.aggielandconstruction.com
EMAIL:
Megan.Jones@aggielandconstruction
.com .
AOAGGIELAND
CONSTRUCTION
a% �. Brazos County
�� Courthouse Security Enhancements x
ry
` o: College Station,TX ``�:
g
1,:.y
£fi .. MITCH ISBELL
I Superintendent
WORK EXPERIENCE
®w. 1 • Midtown Development Midtown Phase II College
Station,Tx Contract: $2,632,520.00 •
SKILLS • Texas A&M University McFadden Hall College
Station,Tx Contract: $810,579.00
37 years of proven on-site • Texas A&M University Heep Renovation
experience. Interfacing with Experimental Kitchen & Restrooms Contract:
client to ensure their $706,207.00
satisfaction; overseeing • RFP Properties DayBreak Day Program Bryan,Tx
individual projects to assure Contract:$461,000.00
compliance with scope and • Henderson Park Brenham,TX Contract: $496,431.00
quality as established by the
contractor documents.
Enforcing site cleanliness and CERTIFICATION
safety programs. OSHA 30, OSHA 10,
MDX Training for the following: Forklift, Skid.Steer Training,
Backhoe Training, Trackhoe Training and Mini Excavator
CONTACT Training.
Cell:
979-204-9932
Office:
979-393-0080 '
Fax:
979-393-0313
W EBS ITE:
www.aggielandconstruction.com
EMAIL: .
Mlsbell@aggielandconstruction.com
Total Managed Work:$40 Million
AGGIELAND
•
CONSTRUCTION
I
;:'� Brazos County Courthouse SecurityEnhancements
4�1Yol�� College Station,TX `^^..v
LUIS MARTINEZ
Foreman
SKILLS
WORK EXPERIENCE
Coordinating construction
work according to priorities • Texas A&M University Mosher Hall Renovation
and plans. Supervisethe use College Station,TX.
of machinery and
equipment. • Texas A&M University Neely Hall College Station,TX.
• Texas A&M University Kyle Field Neeley Founder
Suite Renovation College Station,TX.
CONTACT
PHONE: • Texas A&M University Reed Arena Meeting Room
979-393-0080 College Station,TX
Fax:
979-393-0313
W EBSITE:
www.aaaielandconstruction.c
om
EMAIL:
Luis.Martinez@aggielandconstr
uction.com
AGGIELAND
CONSTRUCTION
_�= Brazos County %��
;(
f� Courthouse Security Enhancements
'. ✓. College Station,TX .,m.•.
g
MATTHEW RUSK
' - Project Engineer
VI
EDUCATION
Texas A&M University
Construction Science
CERTIFICATION
SKILLS Procore Certification: Project Management, Core Tools,
ProCore, Microsoft Office, Admin, and Subcontractor
Document Control, Take-
Off/Estimating.
WORK EXPERIENCE
• Texas A&M University MSC—DMS Lower Level •
`-- ' Cell: College Station,Tx.
936-404-2727 Contract:$1,189,750.00
Office: • Texas A&M University Central Campus Garage College
979-393-0080 Station,Tx
Fax: Contract:$1,093,369.00
979-393-0313 • Texas A&M University MSC—Veteran Resource&Support
Center College Station,Tx.
Contract:$1,1951,578.00
WEBSITE: • Texas A&M University RELLIS Administrative Complex '
www.aggielandconstruction.com
Extension College Station,Tx.
Contract:$1,9491,000.00
• Alpha Delta Pi Sorority Home College Station,Tx.
EMAIL:
Contract:$3,602,672.00
Matt.rusk@aggielandconst • Easterwood Airport Taxiway C Replacement College
ruction.com Station,Tx.
-Contract:$5,612,843.75
• City of Navasota Railroad Street and Drainage
Navasota,Tx
Contract:1,009,541.90
• City of Bryan Waco Street Realignment Bryan,Tx
Contract:$1,289,000.00
AGGIELAND
CONSTRUCTION
Brazos County
Courthouse Security Enhancements
College Station,TX
•
ROBERT JONES
SUPERINTENDENT
SKILLS EDUCATION
Assist in managing the field and
project team successfully and Texas A&M University
collaboratively. Establish and
maintain positive and effective Bachelor of Science
relationships and communication
with clients.Use project
management and scheduling
software effectively. CERTIFICATION
Procore Certification:Welding certification, CPR
CONTACT
Cell:
940-329-8066
Office: WORK EXPERIENCE
979-393-0080
Fax: • Texas A&M University Agriculture&Life Sciences
979-393-0313 College Station,Tx
• Texas A&M University Pearce Animal Pavilion
WEBSITE: College Station,Tx.
• Texas A&M University Heep Replace Exterior
www.aggielandconstruction.com Window College Station,Tx
• Texas A&M University BSBW Basement New Door&
Relocate College Station,Tx.
EMAIL: • Texas A&M University Vidi converting three classrooms
College Station,Tx
Robert.lones@aggielandcon • Texas A&M University Becky Gates College Station,TX.
struction.com • The Goodman Building LLC Zeitman's Grocery Bryan,
Tx
• BMJ 5 Investments LLC 1122 Midtown College
Station, TX
AGGIELAND
CONSTRUCTION
I • "°�:, Brazos County ':,;:
4 Courthouse Security Enhancements 44 •*I�ti'.
v��•o,a College Station,TX ",^•`
44,4, -----4<„, ....Pl.
/r'
MANUEL MARTINEZ
g
,,e)4_,,, _ Superintendent
J
? J
41,sior
SKILLS CERTIFICATION
Coordinating construction work OSHA 30, FIRST AID, FORKLIFT,SKID STEER, BACKHOE,
according to priorities and plans. TRACKHOE, MINI EXCAVATOR
Supervise the use of machinery and
equipment.25 years experience in
the industry.
CONTACT
WORK EXPERIENCE
Cell:979-218-0175
• Texas A&M University Mosher Hall HVAC
Phone: 979-393-0080 Replacement College Station,TX-
$10,000,000.
Fax:979-393-0313
• Texas A&M University Aston Hall HVAC
WEBSITE: Replacement College Station,TX-
www.aggielandconstruction.com $12,000,000.
EMAIL: • ' FUJIFILM Diosynth Bryan,TX-$6,500,000
Manuel.Martinez@aggielandconstru
ction.com • Texas A&M University Kyle Field West Suites
College Station,TX-$2,500,000.
.
4.0 AGGIELAND
CONSTRUCTION
'�%=�:\+ Brazos County
o °° Courthouse Security Enhancements '!
•
College Station,TX ^° `.;
Project: Texas A&M Lohman Lobby
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Size: 15,000 SF Renovation
Address: 730 Olson Blvd College Station, TX 77845
Owner:TAMU Athletics
Contact: Kevin Hurley Phone: 979-777-8201
Email: khurlev@athletics.tamu.edu
Architect: Galligher Designs Inc. Email: daniel.bernards@glgr.com
Contract Amount:$1.2 million
Performance Period:March 2020-Aug 2021
Delivery Method: Design-Build
Project Manager: Matt Shive
AGGIELAND
CONSTRUCTION
• Brazos County
Courthouse Security Enhancements :'�
`' College Station,TX
Project: Texas A&M Energy Systems Lab Project
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Location: College Station,TX
Owner:Texas Engineering Experiment Stations
Contact: David Ritter Phone: 979-219-0774
Email: david.ritter@sscserv.com
•
Architect: Arkitex Studio Mike Record-979-821-2635
Email: msr@arkitex.com
Contract: $1,300,000.00
Performance Period: June 2020-November 2020
Delivery Method: Competitive Sealed Proposal
Project Manager: Ryan Hudiburgh
AGGIELAND
CONSTRUCTION
I o.:"1 Brazos County ' .
1'
��' Courthouse Security Enhancements 4,
�o:° College Station,TX
Project: Texas A&M Reed Arena 3rd Floor Renovation
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Address:730 Olson Blvd,College Station,TX 77845
Owner:TAMU Athletics
Contact: Kevin Hurley—979-777-8201
Email:khurley@athletics.tamu.edu
Architect:Patterson's Architects Fred Patterson—979-775-6036
Email:design@patarch.com
Contract Amount:$1.186 million
Performance Period:July 2019—Feb 2020
Delivery Method: Design-Build
•
- Project Manager:Matt Shive
AGGIELAND
CONSTRUCTION
I • �csi Brazos County
Courthouse Security Enhancements �, I::
College Station,TX
Project: Kyle Field West Office Suites
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Address:College Station,TX
Owner:Texas A&M University Athletics
Contact: Kevin Hurley Phone:979-775-6036 Email:khurley@athletics.tamu.edu
Architect: Patterson Architects Fred Patterson—979-775-6036 Email:design@patarch.com
Contract:$1.8 million
Performance Period:Feb 2020—Sept 2020
Delivery Method:Competitive Sealed Proposal
Project Manager: Matt Shive
40 AGGIELAND
CONSTRUCTION
Brazos County ,:
7 r Courthouse Security Enhancements i
College Station,TX
Project: Sam Houston State University Presidential Walk
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Location:Huntsville,TX
Owner:Sam Houston State University
Architect:Arkitex Studio Phone—979-821-2635
Contract Amount:$300,000.00
Performance Period:September 2020—July 2020
Delivery Method: Design-Build
Project Manager:David Miller
E1.1.0 AGGIELAND
CONSTRUCTION
Brazos County
.'\ Courthouse Security Enhancements 'i
College Station,TX
•
Project:TAMU Football Display Area
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Location:College Station,TX
Owner:TAMU Athletics Kevin Hurley-979-777-8201
Architect:Galligher Design
Contract:$450,000.00
Performance Period:July 2020—November 2020
Delivery Method: Design-Build
Project Manager: Matt Shive
AGGIELAND
CONSTRUCTION
BID BOND ArgonautlnsuranceCompany
,1 Deliveries Only:226 W.Washington,24th Floor,Chicago,IL 60606
United States Postal Service:P.O.Box 469011,San Antonio,TX 78246
KNOW ALL BY THESE PRESENTS:. That we Aggieland Construction, Ltd., called the Principal,
and Argonaut Insurance Company, an Illinois corporation, called the Surety, are held and
firmly bound unto Brazos County, called the Obligee, in the sum of 5%PERCENT OF THE
AMOUNT BID (5 %), provided, however, that in no event shall the penal sum of this bond exceed
FIVE PERCENT (5%) of the maximum amount Principal is authorized to bid under this Bid Bond
of U.S. Dollars ($5% G.A.B.), for the payment of which we bind ourselves, and our successors
and assigns,jointly and severally,as provided herein.
WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for
Brazos County Courthouse Security Upgrades. Project No. CIP 22-515("Project").
NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid within the
greater of 60 days from submission of the bid or the time specified in the bid documents, or within
such time period as may be agreed by the Obligee and Principal, and Principal enters into a
contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as
may be specified in the bidding or contract documents, then this obligation shall be void; otherwise
Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and
the amount for which Obligee shall in good faith contract with another person or entity to perform
the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed
the penal sum of this bond.
The Surety hereby waives any notice of an agreement between the Obligee and Principal to
extend the time in which the Obligee may accept the bid. Waiver of notice by the Surety shall not
apply to any extension exceeding ninety (90) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and in such event the Obligee shall obtain the
Surety's consent for an extension beyond ninety(90)days.
Signed this 2nd day of August, 2022.
PRINCIPAL
CO iri e✓
A eland Co ruction,Ltd,Title
ARGONAUT INSURANCE COM NY
Ma ,ana ,Attomey-it_x-Fact _ -- = -
Argonaut Insurance Company
Deliveries Only: 225 W.Washington,24th Floor
•
Chicago, IL 60606
• United States Postal Service: P.O.Box 469011, San Antonio,TX 78246
POWER OF ATTORNEY
KNOW ALL,MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under'ihe laws of the State
of Blinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint -
Michael J.Hotchkiss,Kenneth G.Hotchkiss.Wesley L.Weatherred.,Tve H.Justice.Daphne B.Clark.Gary D.Lindsey,Kari'Fumerola,Jennifer Lang
Kelley,Greg S.Hotchkiss,Marvana Zhuk,Trenae Donovan '' .. •
Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named aliove;:to make,execute,seal and deliver for
and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity andothei iundeittakings in suretyship provided,
however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of '
� t .r
$85,000,000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the folld ingResolunon adopted by the Board of Directors of
Argonaut Insurance Company: U .
'RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vicelfesident;Secretary,Treasurer and each of them hereby is
authorized to execute powers of attorney,and such authority can be executed by use of facsimililsignature,which may be attested or acknowledged by any
officer or attorney,of the Company,qualifying the attorney or attorneys named lnithe given,power of attorney,to execute in behalf of and acknowledge as
the act and deed of the Argonaut Insurance Company,all bond undertakings andconhacts of suretyship,and to affix the corporate seal thereto'
IN WITNESS WHEREOF,Argonaut Insurance Company has caused itsoCficial•seal to be hereunto affixed and these presents to be signed by its duly
authorized officer on the 8th day of May,2017. i.
...:I:; Argonaut Insurance Company
• =;' cF
• :sISEAL= by:
r ism te is _
STATE OF TEXAS - '"—°n' Joshua C.Betz, Senior Vice President
COUNTY OF HARRIS SS: - �
On this 8thday of May,2017 AD.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified,
came THE ABOVE OFFICER OF.%THE COMPANY,tome personally known to be the individual and officer described in,and who executed the
preceding instrument,acid he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer ofthe said
Company aforesaid,and that the seai`affxed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his
signature as officer were°duly"affnred and subscribed to the said instrument by the authority and direction ofthe said corporation,and that Resolution
adopted by the Board odDirect rs of said Company,referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written.
•
1 K=rr�a=- rr:sr.-, I `t1�1,`�YY�.ilL90
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tip _ c::,:,- •:,.,v Tx;c=..7c=. (Natty Public)
,.., . .r. 5579o2-e
I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER.OF ATTORNEY of which
the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 2nd day ofAueust 2022
.' L
- —•' ��, ~`' 'O - ;:- - James Bluzard,Vice President-Surety
IF YOU HAVE QUESTIONS ON AUTHENTICITY ii TlfIS DOC-FJNIENT CALL(833)820-9137.
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Argonaut Insurance Company and its affiliates by
telephone for information or to make a complaint:
ARGONAUT INSURANCE COMPANY
Please send all notices of claim on this bond to:
Argonaut Insurance Company
Argo Surety Claims
225 W. Washington St., 24th Floor
Chicago, IL 60606
(833) 820-9137 (toll free)
You may contact the. Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
(512) 490-1007
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http:llwww.tdi.state.tx.us
E-mail: ConsumerProtectionatdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact your agent or Argo Surety first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or
condition of the attached document and is given to comply with Texas
legal and regulatory requirements.
U. V.T.C.A.LOCAL GOVERNMENT CODE 4262.0276
Brazos County shall refuse-to enter into a contract or other transaction with a person who
owes a debt to the County per V.T.C.A Local Government Code§262.0276.
1. This refusal to award a contract to or enter into a transaction with a person, pertains to an
apparent low bidder or successful proposer that is indebted to the County;
2. 'Person" includes an individual, sole proprietorship, corporation, nonprofit corporation,
partnership, joint venture, limited liability company, and any other entity that proposes or
otherwise seeks to enter into a contract or other transaction with the County requiring approval
by the Commissioner's Court;
3. `Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written
agreements with the County.
4. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will
request a statement of account from the Brazos County Tax Office.
5. Any"debt"as defined above,that is reflected on the statement of account,will be documented
and placed in the bid file. The bid or proposal from the person with the debt shall be considered
"non-responsive" and "not responsible", eliminating it from any further consideration of
award.
6. These provisions shall apply to any "person" owned, partially owned, managed, operated or
represented by a"person" indebted to the County.
Please list all the names of the individuals that have ownership,officers,managers,and board
of directors that you have associated with your entity below.
Name Title(Owner,Officer,Director,Manager,Etc.)
•
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BRAZOS COUNTY,TEXAS
BUDGET AMENDMENT(S)FOR THE 2023-2024 BUDGET YEAR
NO.23/24 46.01 -46.08
On this the 3rd day of September 2024 at a regular meeting of the Commissioners' Court, the
following members were present:
A.Duane Peters,County Judge,Presiding
B.Steve Aldrich,Commissioner,Precinct 1
C.Chuck Konderla,Commissioner,Precinct 2
D.Nancy Berry,Commissioner,Precinct 3
E.Wanda Watson,Commissioner,Precinct 4
F.Karen McQueen,County Clerk
The following proceedings were held:
THAT WHEREAS, on 3rd day of September 2024 the Court heard and approved a budget
amendment(s)for the 2023-2024 budget year for Brazos County,Texas;and
WHEREAS,expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 19 September 2023,the following
amendment(s)to the original budget are hereby authorized,as described on the attached page(s).
ADOPTED AND APPROVED this the 3rd day of September 2024.
THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS.
By:
Duane e rs,County Judge
Original: County Clerk's Office and
Attached to the original budget
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23/24-46.01
9/3/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
Fleet Shop-Heavy
General Fund Equipment Contractual Services Expenditure 900.00
Fleet Shop-Heavy
General Fund Equipment Contractual Services Expenditure 1,500.00
Fleet Shop-Heavy
General Fund Equipment Repairs and Maintenance Expenditure 900.00
Fleet Shop-Heavy
General Fund Equipment Repairs and Maintenance Expenditure 1,500.00
General Fund
Reallocation of funds to correct accounts to purchase DEF that will be needed for the remainder of FY 24.
:42;f';• „4, 4),ia§A6 JP 1, ;.,*1 44
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FUND DIV ACCT Change in Budget ACCOUNT NAME
01000 56002000 71025000 (900.00)
01000 56002000 71512000 (1,500.00)
01000 56002000 65500000 900.00
01000 56002000 65320000 1,500.00
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23124-46.02
9/312024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
General Fund Contingency Contingency Expenditure 30,000.00
General Fund Jail Medical Services Professional Services Expenditure 5,000.00
General Fund Jail Medical Services Salary and Wages Expenditure 25,000.00
General Fund Jail Medical Services Benefits Expenditure 10,000.00
General Fund
Reallocation of funds to correct accounts to cover the cost of overtime and retirement for the remainder of FY 24.
" • SA61,1
-44..i'i# :,tagaa,tiigo-A F,;e;,i,,!c4Aoc,,iowgtTtotioAi*etg-li;,z,g.vpEgtntpa:o,- *il
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FUND DIV ACCT Change in Budget ACCOUNT NAME
01000 11001500 61130000 (30,000.00)
01000 28003000 72270000 (5,000.00)
01000 28003000 51620000 25,000.00
01000 28003000 53200000 10,000.00
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23/24-46.03
9/3/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
Sheriffs Office-Jail
General Fund Administration Supplies and Other Charges Expenditure 5,000.00
Sheriffs Office-Jail
General Fund Administration Supplies and Other Charges Expenditure 5,000.00
Sheriffs Office-Jail
General Fund Administration Supplies and Other Charges Expenditure 5,000.00
Sheriffs Office-Jail
General Fund Administration Supplies and Other Charges Expenditure 25,000.00
Sheriffs Office-Jail
General Fund Administration Salary and Wages Expenditure 30,000.00
Sheriffs Office-Jail
General Fund Administration Salary and Wages Expenditure 10,000.00
General Fund
Reallocation of funds to correct accounts to cover overtime for the remainder of FY 2024.
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FUND DIV ACCT Change in Budget ACCOUNT NAME
01000 28002000 60440000 (5,000.00)
01000 28002000 61390000 (5,000.00)
01000 28002000 61801000 (5,000.00)
01000 28002000 61806000 (25,000.00)
01000 28002000 51620000 30,000.00
01000 28002000 53200000 10,000.00
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23/24-46.04
9/3/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
General Fund Contingency Contingency Elcp_enditure 2,752.00
General Fund County Agriculture Extension Supplies and Other Charges Expenditure 2,752.00
General Fund
Reallocation of finds to correct account for the County Agriculture Extension Office to purchase a replacement i machine.
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Date a 8/2ti/2024 L _ County Judge Approval•: ,. Date �'•=�
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FUND DIV ACCT _ Change in Budget ACCOUNT NAME
01000 11001500 61130000 (2,752.00)
01000 37000100 60500000 2,752.00
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23/24-46.05
9/3/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
General Fund Contingency Contingency Expenditure 92,009.00
Sheriffs Office-
General Fund Administration Supplies and Other Charges Expenditure 67,009.00
Sheriffs Office-
General Fund Administration Benefits Expenditure 25,000.00
General Fund
Reallocation of funds to correct account to cover overtime and retirement cost for the remainder of FY 2024 for Sheriffs Office-Administration.
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FUND DIV ACCT Change In Budget ACCOUNT NAME
01000 11001500 61130000 (92,009.00)
01000 28000100 51620000 67,009.00
01000 28000100 53200000 25,000.00
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23/24-46.06
9/3/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
General Fund Contingency Contingency Expenditure 55,889.12
Commissioners'Court-Non
General Fund Capital Contractual Services Expenditure 55,889.12
General Fund
Reallocation of funds to correct account for the agenda software due to end of life and will not be supported.
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iDate__u . $/26/2024 unty,Judge*Approva__L s =tF Date
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FUND DIV ACCT Change In Budget ACCOUNT NAME
01000 11001500 61130000 (55,889.12)
01000 11000006 71020000 55,889.12
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23/24-46.07
9/3/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
SB 22 2023 Rural Law
Enforcment Salary Sheriffs Office-Rural Law
Assistance Program Enforcement Grant Program Capital Outlay Expenditure 11,521.77
SB 22 2023 Rural Law
Enforcment Salary Sheriffs Office-Rural Law
Assistance Program Enforcement Grant Program Repairs and Maintenance Expenditure 30,000.00
SB 22 2023 Rural Law
Enforcment Salary Sheriffs Office-Rural Law
Assistance Program Enforcement Grant Program Contractual Services Expenditure 30,000.00
SB 22 2023 Rural Law
Enforcment Salary Sheriffs Office-Rural Law
Assistance Program Enforcement Grant Program Supplies and Other Charges Expenditure 71,521.77
SB 22 2023 Rural Law Enforcement Salary Assistance Program
Re-appropiating unspent funds,to fund other needs regarding to SB 22 Grant.
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.�.....�_.._..�...n dry+ ' Q/26 202%t 'County Judge Ap rolral s " Date
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rox:Oracle 'airy,,Only stall,, :`.L. .,{':'a.,.;7 wz 3 ti earo>. w s :r4,y;: 4 *.". : x l
FUND DIV ACCT Change in Budget ACCOUNT NAME
32000 281002 80890000 (11,521.77)
32000 281002 65050000 (30,000.00)
32000 281002 71020000 (30,000.00)
32000 281002 60500000 71,521.77
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.23/24-46.08
9/3/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
General Fund Contingency Contingency Expenditure 5,000.00
County Agriculture Extension•
General Fund Administration Repairs and Maintenance Expenditure 2,063.10
County Agriculture Extension.
General Fund Administration Supplies and Other Charges Expenditure 7,063.10
General Fund
Reallocation of funds to correct accounts for travel expenses for the remainder of FY 2024.
•
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FUND DIV ACCT Change in Budget ACCOUNT NAME
01000 11001500 61130000 (5,000.00)
01000 37000100 65540000 (2,063.10)
01000 37000100 61801000 7,063.10
•
•
•
• Personnel Change of Status: -
(Aug 29,2024) . .
Commissioners' Court Date: • 09-03-2024 .. • ..
Department Submitting Information: Human Resources .
Purpose of Submissions: Consider and Take Action on Change . -
- Employment .
Department Name ' Employee Name '
County Judge-Administration Lewis,Rebecca
:Road&Bridge-Administration.. . .Ramirez,Michael. .
• . ,.,. A r
.
Separations - .
•
Department Name `, 'Employee Name
�, _....• . , M tit,:
.
Sheriffs Office-Jail Administration : : .. Brotsch,Emily . .: . . :: : •
N-• s, y.y es, ..` }.. . - •FB s.., •
Personnel Action Forms .
•
Department Name Employee Name ,,;.
Juvenile Services-TJJD-Pre&Post'Adjudication _ : Barnes,Trenise,
Approved in Commissioners'.Court:09-03-2 4 -
County Judge's or Commissioner's.Signature: ; .
:
-. ��_ Pam.
••.l y OF B •.-.
BRAZOS COUNTY
BRYAN, TEXAS
CLAIMS
COMMISSIONERS COURT MEETING: September 3. 2024
CLAIMS TO BE PAID BY BRAZOS COUNTY:
CLAIM # 8204771 Thru CLAIM # 8204900
CLAIM # 9202118 Thru CLAIM # 9202183
The Court voted unanimously to approve these Claims as submitted.
Duane Peters
County Judge
4(01"..uv-\__91(1 Cap 0 ',—
Karen McQueen
County Clerk
C&Q
4
Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 310 • Bryan,Texas 77803 • Fax:(979)361-4176
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