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Home My WebLink About1994-04-25-0900AM-Special. • • • • ~..~,..w_~_~-ter ..•~..~.•~r. .f..._ ~~.+~.I-~n.rr.~'srai. «a. ...~y1✓t __.ry • If 1YC S11 1 4 BRAZOS COUNTY BRYAN. TEXAS AGENDA Y ~M.r • F8 ' St, t►P? 21 Pw 2: 30 ..:...'.L. CLERK BRA" cou N ~za 5E BY 0• u BRAZOS COUNTY COMMISSIONERS' COURT MEETING F f 4 4 •;1 i i 1 i 1 THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, APRIL 25, 1994 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on budget amendments. 4. Consider and take action on the reinstatement of H.B.66. 5. Consider and take action on Contract for support to RSVP from Brazos County. 6. Consider and take action on Tax Resale Deed for property acquired from the non-payment of taxes. 7. Consider and take action on exemption from competitive bidding requirements of Local Government Code, Section 262.024(a)(2) for construction of temporary jail from Dinosaur Valley Construction, Inc. 8. Consider and take action on Contract between Dinosaur Valley Construction, Inc., and Brazos County regarding Temporary Jail. 9. Consider and take action on request from County Engineer to create four (4) additional temporary help positions for Road and Bridge Department. 10. Consider and take action to acquire right-of-way on Nunn Jones Road in Precinct 3 for road improvements. 11. Consider and take action on award of bid for Fuel Management System and authorize the payment thereof. Bid No. 94-740. 12. Consider and take action of the use of lateral road funds. 13. Consider and take action on allowing permits to be issued to trucking companies who do not have 2060 permits. 14. Acknowledge receipt of Treasurers report. 15. Consider and take action on personnel change of status. 16. Consider and take action on payment of claims. 17. Executive Session - Pursuant to 6252-17, Sec. 2(f) Sale of county property. 18. Action on Executive Session, if necessary. 19. Adjourn. VO 3 PAC E k 1 . 1 i • • 11 • T 7 r i; COMMISSIONERS' COURT SPECIAL MEETING APRIL 25, 1994 Y' i. ' I~ A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Monday, April 25, 1994, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4, Absent; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Carol Palmer Admin. Sec. to Co. Judge Bea Green secretary to Commissioners John Reynolds Auditor Cheryl Turney Auditor's Office Richard Vance County Engineer Terri White Treasurer's Office • J.R. Burkhalter Jail Administrator Fred Forsthoff Emergency Mangement Bobby Riggs Sheriff Rita Watkins Sheriff's Office John Blomberg KBTX-TV Phyllis Fahlquist LWV Doug Tremont Citizen Kelly Grones TAMU Amy Grones TAMU Commissioner Sims gave the invocation and led the pledge of allegiance. The Court first considered Budget Amendment #93/94-12, which would reallocate funds budgeted for the Road & Bridge Debt Service Fund and increase the budget for the Brazos Valley Narcotics Task Force. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. On motion by Commissioner Norton, seconded by the County Judge, the Court voted unanimously to adopt a Resolution in accordance with H.B. 66 authorizing the Clerks of the County, Courts at Law to collect the civil fees and criminal costs authorized by H.B. 66 for a twelve month period beginning July C l t r , r , i Y • Commissioners Court meeting April 25, 1994 1, 1994. This provides a mechanism for judicial salary supplementation through the collection of $20.00 civil filing fee and a $10.00 cost for certain criminal convictions. A copy of the resolution is attached to and made a part of these minutes. The next matter for consideration was the renewal of a contract between the Retired Senior Volunteer Program (RSVP) and Brazos County. Brazos County will pay $2,500.00 to RSVP and in exchange, RSVP will provide volunteers to help the citizens of Brazos County. Term of the contract will be from October 1, 1993 to September 30, 1994. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to approve the contract with the Retired Senior Volunteer Program, a copy of which is attached. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to authorize the County Judge to execute the a Tax Resale Deed to the following individual: Wilma Hall - Lot 11, Block 10, Bryan's 2nd Subdivision, City of Bryan, Brazos County, Texas The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(2). This is for the purchase of construction services to build a temporary housing facility for jail inmates. The Commissioners' Court determined that this was necessary to preserve and protect the public health of the residents of the County. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements and authorized the payment for said cost not to exceed the amount of $380,000.00. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to enter into contract with Dinosaur Valley Construction, Inc. for the construction of a temporary housing facility for jail inmates. The Jail Administrator and the County Engineer are to be the over site q f i , , • r1 4 i~ I VOL Commissioners Court meeting April 25, 1994 committee to make sure the facility is placed on stable ground. A copy of the contract is attached hereto. The Court next considered creating four (4) additional temporary help positions for the Road and Bridge Department. The County Engineer explained the need for the additional personnel. On motion by Commissioner Wilcox, seconded by Commissioner Sims, the Court voted unanimously to approve the four (4) additional temporary positions for the Road and Bridge Department. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the acquisition of right-of-way on Nunn Jones Road for improvement of the road. The road is in Precinct 3. The Court next considered awarding the following bids: Bid No. 94-740 - Fuel Management System The Purchasing Agent recommended acceptance of the bid submitted by Whites Pump Service of Hearne, Texas. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Whites Pump Service of Hearne. A copy of the bid tabulation is attached hereto. The Court next considered the use of Lateral Road Funds. Commissioner Norton requested the funds to repair Stousland and Straub Roads in Precinct 1. Commissioner Wilcox stated he did not want to deplete the funds in the account. The Court and the County Engineer discussed the options available. The County Judge moved to use $100,000.00 of the State Lateral Road Funds to repair and upgrade Stousland and Straub Roads. The motion was seconded by Commissioner Norton. Commissioners Norton, Sims and the County Judge voted "Aye". Commissioner Wilcox abstained. The motion carried. The next matter before the Court was consideration of allowing permits to be issued to trucking companies who do not have a State 2060 permit. Trucking companies choosing to purchase county permits will have to meet all conditions as ~ I t t r. 4 t c r t E i' i r R Commissioners Court meeting April 25, 1994 previously set forth by the Court in the Over Weight Permit Regulations. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to allow the issuance of permits to travel county roads. The Court received, approved and ordered filed as submitted the Treasurer's report for March 1994. A copy of which is attached to and made a part of these minutes. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Lovett, Cynthia Juvenile Serv. Complete Train Queen, Bettina Juvenile Serv. Complete Train Heldman, Patti Juvenile Serv. Complete Train Ramirez, Russell Juvenile Serv. Complete Train Jackson, Carol Juvenile Serv. Complete Train Modique, Cynthia Juvenile Serv. Complete Train Fecowycz, Michelle Juvenile Serv. Complete Train Bollinger, Gary Juvenile Serv. Complete Train Vavra, Paula Sheriff Office Resignation Warren, Ty Sheriff Office Resignation Brandon, Beth Sheriff Office Resignation Bass, Danny Sheriff Office Resignation Hullum, Raymond Sheriff Office New Employee de los Santos, D. Sheriff Office New Employee Mathews, Jerry Sheriff Office New Employee Baker, Scott Sheriff Office New Employee Crowson, Jack Sheriff Office New Employee Siracusa, Theresa Sheriff Office Transfer W/D Williams, Henry Sheriff Office Step Increase Neyhard, Marc Sheriff Office Step Increase Ballew, Samuel Sheriff Office Step Increase Gomez, Mary Tax Office Termination Williams, E. Tax Office Resignation Montalbano, Patsy Tax Office New Employee Toler, Jennifer Tax Office New Emp P/T On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 10--General Fund Claims--8885--thru--9237-- 20--Road & Bridge Claims--9426--thru--9436-- 26--R & B Debt Service Claims--9238--thru-------- 30--Capital Projects & Improvements: Proposition-I------- Claims--9239--thru-------- 32--Records Mgn. & Presv.-----Claims--9240--thru--9241-- 40--LawLibrary---- Claims--9242--thru--9257-- 54--Health Department Claims--9264--thru--9288-- 60--Payroll------------------- Claims--9289--thru-------- 61--Health & Life Ins-------- -Claims--9290--thru-------- 62--F1exPlan----------------- Claims--9291--thru-------- 90--Brazos County Grants------ Claims--9292--thru--9419-- 91--MPO---------- ---Claims--9420--thru--9423-- 97--Narc. Traf. Task Force Claims--9424--thru--9425-- ~I • 01 t i { I 01 L i A Commissioners Court meeting April 25, 1994 On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as submitted. The County Judge recessed the meeting until 10:00 a.m. to allow the attorney time to arrive for the executive session. The County Judge reconvened the meeting at 10:03 a.m. and announced the meeting closed to the public so that the Court could meet in closed executive session to discuss the sale of county property as allowed under Section (6252-17(2)(f) Vernon's Texas Civil Statutes. At 10:43 a.m- the County Judge announced the meeting open to the public and announced that no action would be taken. There being no further business to come before the Court, the meeting was adjourned. l~ 1 S a. i Q - - - ...,tl._...a~~_a..r.f r:.S..n - - ~.•a...+~... - -rwL..a.~A........._+.rr.r~_J~_.• - .i.r...-..._~.-L._ rt...._ _ _ 1.L • > r f F f r r Ij The foregoing minutes of the Commissioners Court Meeting held have been examined and approved in open Court this the - day of t.t 19 in Bryan, INV Brazos County, Texas. R. m reen Gary Norton County Judge Commission Pr inet 1 Walter Wilcox Commissioner, Precinct 2 Rl75706- /l'" MMilton Turner Commissioner, Precinct 4 Commiss.i'oner, Precinct 3 Mary n Ward County Clerk t V OL____.7 PAGE -!?-L. U • r~ r 4 , y IN THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS t r, fe; E: 1 ALTER WILCOX, Commissioner Pct. 2 A7SF'(1T- MILTON TURNER, Commissioner Pct. 4 . ~V k RESOLUTION: WHEREAS, H.B. 66, effective October 1, 1991, provides for an increase in the jurisdiction of all statutory county courts in Texas, including the County Courts at Law of Brazos County; and WHEREAS, H.B. 66, provides a mechanism for judicial salary supplementation by the State of Texas to the County through the collection for a twelve month period of a $20.00 civil filing fee and a $10.00 cost for certain-criminal convictions, other than a conviction arising under any law that regulates pedestrians or the parking of a motor vehicle; and WHEREAS, H.B. 66 requires adoption of a resolution by Commissioners Court to collect such fees and cost; and WHEREAS, the Commissioners Court of Brazos County, Texas, adopted resolutions authorizing the Clerks of the County Courts at Law of Brazos County, Texas to collect such fees and cost for a period of twelve months beginning July 1, 1992; and such renewed such resolution for an additional twelve months beginning July 1, 1993; and WHEREAS, H.B. 66 requires annual recertification for the collection to such fees and costs for the next twelve-month period, it is THEREFORE, RESOLVED by the Commissioners Court of Brazos County, Texas that the Clerks of tine County Courts at Law of Brazos County, Texas, shall, pursuant to H.B. 66, collect the civil fees and criminal costs authorized by H.B. 66 for a period of twelve months, beginning July 1, 1994; and be it FURTHER RESOLVED that a certified copy of this resolution be filed with the Comptroller of Public Accounts of the State of Texas not later than June 1, 1994. The foregoing resolution having been adopted by the Commissioners Court of Brazos County, Texas on them day off~~ 1994, witness our signatures hereto as set out below. L 44ciLNGREEN, County- Judge ~ . _ a _a -.c....._.~.•t-...Y ...~.a.ivrJ.Lii..-....i-_ ~.:+.J_sy.w~.i.+.._.`. Wes. ~.....cs.~.l .~...t...._~ _ . _ a..t-~...~~..u._.fj.~ •~.tS+r.Y.s--mss' _ .-a... • ti . t r4 f } I . 5 ~ Ir , • 1 1 S• BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1993-1994 BUDGET YEAR NO. 93/94-12 On this the 25th day of April 1994 at a special meeting of the Commissioners' Court, the following members were present: R. J. Holmgreen, County Judge, Presiding Gary Norton, Commissioner, Precinct It Walter Wilcox, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Milton Turner, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on April 25, 1994, the Court heard and approved a budget amendment for the 1993-1994 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 13, 1993, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 25th day of April 1994 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: R. J. Holmgreen, County Judge Original: County Clerk's office and attached to the original budget copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File PAC r h k i' 5 i • e , A f•. -4 C 'i Budget Amend. No. 93194-12: 04-25-94 y c 1 v •7 FUND DEPT ACCOUNT 9 ACCOUNT NAME INCREASE INCREASE REASON GrantsN BVNTTF 97-00-4940 R Matching Funds (850) Grant ; 97-81-6222 Other - Equipment 850 Adjustment • INC. TO FUND BUDGET; ; Debt Ser R&6 DS 26-60672 Uncollectable Taxes (42,420) Reallocate ~ f i 26-60-7110 Bond Principal Retirement 240,000 fund: • . y 26-W -7111 Bond Interest Retirement (197,580) LU • • INC. TO FUND BUDGET;. 26-62.672 Uncollectable Taxes (1,628) { I 26-62-7110 Bond Principal Retirement =15,000 j 26-62-7111 Bond Interest Retirement (13,372) f • • INC. TO FUND BUDGET 4 i I i I r 3 , t r k h f E r t r t I f 1 t e v . ~f 1 I i i I. . . 3 t I i I i Gary Norton / Comm' si Pct. 1 Walter Wilcox o ssioner Pct. 2 Rand Sims Commissioner, Pct. 3 Milton Turner SE Commissioner, Pct. 4 The Commissioners' Court has determined that there is a need' to perform Construction Services, and hereby grants an exemption from the competitive bidding requirement for the following: Construction of a temporary housing facility for jail inmates from the following vendor: Dinosaur Valley Construction, Inc., as an item made necessary to preserve and protect the public health of the residents of the County, as provided in the Local Government Code, Section 262.024(x)(2). The Court hereby approves payment for said work in an amount not to exceed $380,000.00. TO: John Reynolds, County Auditor FROM: R. J. Holmgreen, County Judge RE: EXEMPTION FROM COMPETITIVE BIDDING REQUIREMENTS OF LOCAL GOVERNMENT CODE, SECTION 262.024(a)(2). Please be advised that on this 25th day of April, 1994, at a Special Session of the Commissioners' Court on which the following members were present: i County Judge R. J. Holmgreen V • r fi CONTRACT FOR SUPPORT BY BRAZOS COUNTY, TEXAS • • -r Y!' F Brazos County, Texas and the Retired Senior Volunteer Program, under the sponsorship of the Brazos County Community Council and hereinafter referred to as RSVP for the covenants and consideration herein expressed, mutually agree to the following terms and conditions: I. Brazos County, Texas agrees to pay the total sum of $2,500 to RSVP in a single payment on or before March 31, 1994. All payments will be payable to the Retired Senior Volunteer Program and mailed to their current address: 305 S. Main Suite 100; Bryan, Texas 77803. II. RSVP agrees to provide the service of its program to the citizens of Brazos County. There is not established any definite program of assignmenta; but, the number of volunteers and assignments can be changed throughout the term of this contract by agreement of all parties. RSVP does agree to address the mutual goals of RSVP and Brazos County, Texas by assisting with senior volunteer recruitment for: A. The Brazos County Health Department. B. The County Extension Aging committee. C. The Brazos County Adult Probation Department. D. The Brazos County Juvenile Probation Department. E. The Civic Defense program. F. The Brazos County Tax Office-voter registration drive. C. The District Attorney's Office Victim Assistance Program. H. The County Commodity Distribution program. 1. The County Extension office. J. Clerical support for county offices and programs. The terms of this contract will be October 1, 1993 to September 30, 1994. III. Volunteer placements will be made as appropriate at volunteer workstations throughout the community. All workstations will have a signed Memoranduth of understanding on file with RSVP. IV. Any invention of literacy or artistic production arising out of an assignment shall be the exclusive property of the Volunteer Station and the Volunteer shall have the right to produce additional copies and distribute to the general public. Volunteer Station may consent to other uses by the Volunteer. V. Volunteers shall comply with all the rules and standards exercised by the employees in the department to which she or he is assigned. Vr%L PAGE . 0-7- 'A * t d, . 1~1#i fi L c k i• , 1 y i f• z b 1 i t i 1 i I 3 VI. The County Judge or his delegate shall have the authority to represent Brazos County and make whatever further agreements necessary to administer and effectuate the terms and conditions set forth herein. VII. The Volunteers will not receive any pay from a Volunteer Station for their services, they will not be considered an employee and this service will be considered as voluntary contribution to the betterment of the community and the public purpose of Brazos County. VIII. Since the Volunteer is not a party to this agreement, the Volunteer Station may require Volunteers who accept service to sign other instruments setting forth other terms and conditions between the Volunteer Station to amend or rescind this contract by mutual agreement. IN WITNESS WHEREOF, the parties to," agreement h e not their hands for the above stated contract period, the day of ~fu(~ 1994. BRAZZS COUNT UNCIL BY L-tj;%t4 Executive 0irectof RET SENI LU ER PRO tmAn a Project Er T CAS SYS +E• w I I r • 4 ) b+ THE AMERICAN INSTITUTE OF ARCHITECTS ' N. A/A Document A191 Standard Form of Agreement Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES! CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. •I This Document comprises two separate Agreements: Part 1 Agreement-Preliminary Design and Budgeting and Part 2 b Agreement-final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 + Agreement is referred to as Part 2. Before executing Part 1, the parties should reach substantial agreement on Part 2. As used herein "ADD." means the Addend= to part 1 attached hereto. Part PAI an RT 1 AaCF.1~d4fF&-`WfUA1&ARnto Y fA 1~rf~l WBUDGETING AGREEMENT made-as of the twenty ninth day of - April in the year of Nineteen Hundred and 1994. { 1 1 ' 1 BETWEEN the Owner: BRA7.06 COUNTY, 7EXAS acting by and through its duly t (Name and address) elected commissioners Odurt 1 t and the Design/Builder: DnX6AM vAuzi coNsi tX.TIDi!1, nc. b CAS, INC., jona VINi M t (Name and address) P.O. Box 7378 t Glen Rose, TX 76043 F For the following Project: G (include "ed name, location and detailed description of scope.) 1 I 96 Bed BTlergency Medium Security Detention Facility for Brazos Oounty 1 The architectural services described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: Burns, Stuckey 6 McDmzld (Name and address) 1015 W. Broadway Ft. Worth, TX 76104 The Owner and the Design/Builder agree as set forth below. • Copyright 0 1985 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, O.C. 20006. ' Reproduction of the malenal herein or substantial quotation Was provisions svlttlout written permisslon of the AIA A1A OOcuM1NT A1". an 1 • 0V"RdxS1G W110(R AGat1MLNT • mast ta110N A/91.198S • ALAS • VMS • 111(AAy RICM1R%111UT10r AI1C T1CTi S, 171 SN(WV♦OWAVII.IU1. N W , WA41n+t:1f>N n / :nA t p11 PART 1-PAGE 1 WA11NIr16' l l Ir'tleol4 we aM1 M wM'SI~ 0~'~~1~ .ham 1 ' ri, , ~ n , , t 1 ~ • Terms and Conditions-Part 1 Agreement I ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC MUNITIONS t 1.1.1 The Prgject is the total design and construction for which the Destgn/Builder is responsible under Part 1, In- cluding all professional design services and all labor; mate- rials and equipment used or incorporated in such design and construction. 1.1.2 The Wart comprises the completed construction desiggnod coder the Project and includes labor necessary to produoe such construction, and materials and equipment Incorporated or to be incorporated in such construction. 1.2 Ot C11TION, CORRELATION AND INTENT 1.2.1 This Part 1 shall be signed in not less than duplicate by the Owner and DesigntBuildet: 1.2.2 Nothing conuined in the Design/Builder Contract Documents sisall create a professional obligation or con- tractual rela6*nsflip bety een the Owner and any third party 1.3 C"MR9ttr AND tM Of OOCWNElM 13.1 The drawings, specifications and other documents furnished by die Oesigr f iider are instmments of service and stall not become the property of the Owner whether or not the Project for which they are made Is commenced. Drawings, specifications and other documents furnished by the DesigniBuilder dull not be used by the Owner on other projects, for additions to this Project or, unless the Design/Builder is in default under Part 1, for completion of this Project byothers, except bywritten agreement relating to use, &ability and compensation- 132 Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as pub- lication in derogation of the Design/Builder's or the Archi- tect's common law copyrights or other reserved rights. The Owner shall own neither the documents nor the copyrights. Builder to perform a portion of the Work, including their agents and employees. 2.2 BASIC SERVICES 2.2.1 The Design/Builder's Basic Services areas described below and In Article 10. 2.2.2 The Design/Builder shall review the Owner's pro. gram to ascertain requirements of the Project and shall review such requirements with the Owner. 223 The Design/Builder shall provide, after consultation with the Owner, a preliminary evaluation of the program and Project budget, each in terms of the other. 2.2.E The Design/Builder shall review with the Owner al- ternative approaches to design and construction of the Project- 2.25 The Design/Builder shall submit to the Owner a Pro- posal including the completed Preliminary Design Docu- ments, a statement of the proposed contract sum, a pro- posed schedule for completion of the Work under Part 2 and all other information necessary to complete Part 2. Preliminary Design Documents shall consist of preliminary design drawings, outline specifications and other docu- ments to fix and describe the size, quality and character of the entire Project, its architectural, structural, mechanical and electrical systems, and the materials and such other elements of the Project as may be appropriate. If the Pro- posal is accepted by the Owner, they shall then execute Part 2. Modifications to the Proposal before execution of Part 2 shall be recorded in writing as an addendum and be Identi- fied in the Contract Documents of Part 2. 23 ADDITIONAL SERVICES All other services requested by the Owner and mutually agreed to in writing by the Owner and Design/Builder in Part 1, including, among others, changes in Project scope and program, shall constitute Additional Services and shall be paid for by the Owner as provided in Part 1. ARTICLE 3 OWNER ARTICLE 2 DESIGN/BUILDER 2.1 SERVICES AND RLWONSIIttl.tTlES 2.1.1 Design services shall be performed by qualified ar- chitects, engineers and other professionals selected and paid by the Design/Builder. The professional obligations of such persons shall be undertaken and performed In the Interest of the Design/Builder. Construction services shall be performed by qualified construction contractors and suppliers, selected and paid by the Design/Builder and acting in the inlerest of the Design/Builder. Nothing con- tained in Part 1 shall create any professional obligation or contractual relationship between such persons and the Owner. 2.1.2 The Design/Builder shall be responsible to the Owner fo cts and omissions of the Design/Builder's em- ployees andVrties in privily of contract with the Design/ &I The Owner shall provide information regarding re- quirements for the Project, including but not limited to the Owner's design objectives, constraints and criteria. 3.2 If the Owner provides a budget for the Project, It shall explicitly Include as separate line items contingencies for changes in the design and construction, and other costs which are the responsibility of the Owner. No budget shall constitute a fixed limit of construction cost unless such limit has been agreed to in writing by the Design/Builder. 3.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owneror such authorized representative shall examine the documents submitted by the Design/Builder and shall promptly render decisions pertaining thereto to avoid de- lay in the orderly progress of design and construction. 3.4 The Owner shall cooperate with the Design/Builder in identifying required permits, licenses and inspections, and A191-1985 , ~ *1 •"A1i ooCLAW' r AIII.IPS0 1 • • ONNIR{XSICtMUUrAR AC.RirM(NT . MST MMON R ' h" . AJA• . 019.15 . 11 if AMi RICAN IN)I ITU79 01 ARCI 411KIS. 177% NIw YORK AVt NUI, PART 1-PAGE 2 v k_-.. Nw;% :lr/x•r ne-211mu WA(1,J1N1: 11..1.. -n-,M Nv„„r„ry.„n ,..M,1 O,y .nh/ l.wra wM r~ c•Rwr11n YY1N M1w.11irM tray • • SEE AM. s F i f i i 1 i k f i s i r i i in consultation witJi Owner. shall take appropriate action with reasonable promptness 3.5 Poor to cominerlcenlent of Basic Servic/d hO-AsAA furnish a legal Best option and a certifiof the site, giving, as applicable, grades and lines alleys, pavements ano adjoining property, restnctions, casements, encroachments, zostrlct)ons, elevations and contours of the sdimensions and complete data pertaining to ings, other improvements and trees; and fuconcerning available services and utility lines, and private, above and below grade, includidepths. 3.6 The Owner shall furnish services of genneers and other consultants when such deemed necessary by the Design/Builder. Geotechnical engineers or other consultants shall be selected by mutual agreement. Such services shall include, as required, applicable test borings, test pits, soil bearing values, per- colation tests, air and water pollution tests, and other nec- essary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3.7 The services, information, surveys and reports re- quired by Paragraphs 3.5 and 3.6 shall be furnished at the Owner's expense, and the Design/Buildcr shall be entitled to rely upon their accuracy and completeness. 3.8 lithe Owner observes or otherwise becomes aware of any fault or defect in the Work, the Owner shall give prompt written notice thereof to the Design/Builder. 3.9 The Owner shall furnish required information and services and shall render decisions with reasonable promptness to avoid delay in the orderly progress of the Design/Builder's services. 3.10 The Owner shall communicate with contractors only through the DesigNBuilder. AR11C11 G ARIIIIRAIION we the p.1111,s to fart 1 aosing out of or relating to Part hall be ceded by arbitration in ac(rordanre with the Con truclion In %try Arbiltallon Rules of the An)ctlcan At )aral.on Assocl. n then in effect unless the parties agree therwise. No arbltr on arising out of or relating to Part hall include, by conso t.on or joinder or in any othe anner, an additional perso nt a party to Part 1 except b ritlen consent containing spec) reference to Part 1 an lgned by the Owner, Design/Builder d any other perso ought to be joined. Consent to arb.tra n involving a ddlt.onal person or persons shall not cons to consen o arbitration of a dispute not described therein with crson not named therein. This provision shall be sp f1 ng w• a other party to Part 1 and with the American krbitratlon lion. the demand shall be madewithin a easonable time afte claim, dispute or other matter in uestion has arisen. In no shall file demand for ar• itration be made after the date wile applicable statute f limitations would bar institution of a e equitable roceed.ng based on such claim, dispute or other r in rdance with ap p udgment may a en and maintain progress duringgn/Buifder in accu =arbitrationproceedings dit 1. 1P' Part i l t e I. 1. ARTICLE 4 TIME ARTICLE 7 Owner 4.1 The Design/Builder shall provide the Basic and Addi• MISCELLANEOUS PROVISIONS tional Services as expeditiously as is consistent with reason- able skill and care and shall complete the services in the 7.1 This Part 1 shall be governed by the of the place tp a pr tided in Article 10, and as set forth in art where the principal office of the is located. 7.2 The table of contents and the headings of articles and ARTICLE S paragraphs are for convenience only and shall not modify PAYMENTS rights and obligations created by Part 1. 7.3 In case a provision of Part 1 is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of upon execution o .ted to the Owner' the remaining provisions shall not be affected. 7.4 SUCCESSORS AND ASSIGNS S.2 Subsequent payments for Part 1 Basic Services, Add.- 7.4.1 This Part 1 shall be binding on successors, assigns tional Services and Reimbursable Expenses shall be made and legal representatives of and persons in privity of Con- monthly on the basis set forth in Article 9. tract with the Owner or Design/Builder. Neither party shall assign, sublet or transfer an interest in Part 1 without writ- ubmltte App Ic a Owner shall mak l ten consent of the other. laq _e"! to 1 7.4.2 This Paragraph 7.4 shall survive completion or termi• Part 1. nation of 5.4 Payments due the Design/Builder under Part 1 which then not paid when due shall bear interest from the date due 7.5 EXTENT 01 AGRItMtNT f at fhe .fled in Paragraph 9 5, or In,the absence of a 7.S.1 Part 1 represents the entlte agreement lot Prellm.• specified rate, at Mt-legal rate prevadlnj,re the pon• nary Design and Iludgetinj; and \uper\edes all prior nego- cipal office of the Design/Builder q locals` itafwns, reptesenlatuln\ ul al;reenlrnl\ 1'drl 1 may be 'and authorized by law to be paid by Owner AIADOCUMINTAIl1.In11 • OWNI WIN %14.NAlt 111134 RA(.Kt(A/lHl • IIR%111)1111)N A191.198S I VI R I Illlll 1 •1'.NoV • AIA• 0 .1`41`, • 1111 AAIIKK ANIN\lI ' V1)~~fl Y Null PART 1-PAGE 3 V 111 6 ~ N 1Y WA\I 11..'1 .1. N MM ~~~'~YYY fe r ~ 4 • t 1 r C• f: II t I i r amended only by written instrument signed by both Owner to perform in accordance with its terms through no fault of and Design/Builder. the party initiating the termination. , 7.6 In case of termination of the Architect, the Design/ 8.2 Part 1 may be terminated by the Owner upon at least Builder shall provide the services of another lawfully li- seven days' written notice to the Design/Builder in the tensed person or entity against whom the Owner makes no event that the Project is permanently abandoned. reasonable objection. 8.3 to the event of termination not the fault of the Design/ Builder, the Design/Builder shall be compensated for ser- vices performed to termination date, together with Reim- ARTICLE 8 bursable Expenses then due and Termination Expenses. TERMINATION Of THE AGREEMENT Termination Expenses are expenses directly attributable to termination, including a reasonable amount for overhead 8.1 Part 1 may be terminated by either party upon seven ' and profit, for which the Des1 n/Builder is not otherwise n t r i t r I~ written notice should the other party fail substantially days na e m io t er, compensated under Part 1. expenses as defined below, will be paid only if this Contract is terminated by O mer without good cause. C i i f i I.V011 • (h\TIIK IA SI(:N~tllll rAK At:R11 M1N1 • IIKS1101110N • 1111 AS/I KN ANIWII(111 ()1 AK( 11111('IS. 171%MWV()RI:AVINtII M• ' r '1 .r • k~ j; r k h i ARTICLE 9 / BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article S, Payments, and the other provisions of Part 1 as described below. 9.1 COMPENSATION FOR BASIC SERVICES 9.1.1 FOR BASIC SERVICES, compensation shall be as follows: SEE ADD. 3 9.3 REIMBURSABLE EXPENSES and the Desigrt/Buildees employees of . i 9:9:2 FOR REIMBURSABItE EXPENSES, eismitpenseiffien shall be a multiple os! Co ies !he-en"U"ts e+1{Teslded. L=f PER59NNEI: EXPENSE is define d as ilia disaGA wlwier of pamo-nol aReag" --he Project, and hap-1-04 i the co ndatory and customary contributions and benefits relat ch as employment taxes and other statutory empl urance, sick leave, holidays, vacations, pensions an s ributions and 9.5 INTEREST PAYMENTS 9.S.1 The rate of interest for past due payments shall be as follows: i~ fi4 nd DetgNBu~ p. fhe lofa(,on of the Aorecf and efrewl,eve n,ty • K kd At the highest lawful rate then prevailing in the State of Texas and authorized to be paid by Owner pursuant to State Law. . 9.6 IF THE SCOPE of the Project is changed materially, the amount of compensation shall be equitably adjusted. 9.7 The compensation set forth herein shall be equitably adjusted Wthrough no fault of the Design/Builder the }ervices have not been completed within two ( 2 ) months of the date of Part 1. • MA DOCUAIINT At•1, Pad 1 • 0WNER-0rSIGNMUlUXR AGWfMINT . rtRST [OfT10N A191.1985 • AIA' • 411"1 • TI%AMERK:ANINSTITUTIOTARCINTIC7S.1 WMORKAWNUt. N W 1VA\I IUVI ,I~ 1N 114' H4rv. / ,t O PART 1-PAGE S a. A ft. ARTICLE 10 OTHER PROVISIONS O 10.1 The Basic Services to be performed shall be commenced on imnodiatelY and, subject to authorized adjustments and to delays not caused by the Design/Builder, shall be completed+w 4 --~}ia{ew0a«• dy, SEE ADD. on or about June 1, 1994. 10.2 The Basic Services beyond those described in Article 2 are: NONE This Part 1 entered into as of the day and year first written above. BRAZOS OXWN, acting by and e=uh its Dinosaur Valley Gxwtxwtion, • Zne. duly elected Comnissioners Court and CAS, Inc., A Joint Venture OWNER DESIGNBUIL.DER y I- BRA OS COUNTY 737,y 300 E. 26th ST. Bryan, Texas 77803 Y R.J. liolmgreen 8Y County Judge CAUTION: You should sign an original AIA document which has this caution printed In rod. An original assures that changes will not be obscured as may occur when documents are reproduced. ' I .1 i t A191-1985 :"ALA. 0oCUMrNTAn1,P.e1 • 0WWK4XSK:WaU1LD(RAGRLIA1tNT • r111cTrolrlcn+ i • •IJB% • 1111 AMLR1CAN1NSIITUTLOrARCl111LCIS.1r1SNIWVORRAV'W'j" " PART 1-PAGE 6 Nw WA'4UW-%CW.0<• 201y, j. I' • C7 s 3858/DHY/vrr/jsm/05/06/94 ADDENDUM TO PART 1 OF STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER BY AND BETWEEN BRAZOS COUNTY. TEXAS ('Owner') Ad nrNOSAUR VALLEY CONSTRUCTION, INC,("DesignZBuilderel i t, , s i, c 4 "i F h s Addition to Article 3.8: Provided however, that any failure of Owner to do so shall not relieve Design/Builder of any responsibilities, obligations or liabilities stated herein. Addition to Article 9.1.1: There shall be only one payment to Design/Builder for all services performed relative to the Project and the Work as stated in Part 1 and Part 2. Such sum shall be $380,952.00 payable upon the issuance of a Certificate of Occupancy for the Project by the Texas Commission on Jail Standards. The sum of $380,952.00 shall be increased by the amount required by Design/Builder to alter, modify or amend the Work so as to comply with any governmental code or regulation, (except for any rule, regulation or requirement of the Texas Jail Standards Commission), including but not limited to any code or regulation promulgated or adopted by the City of Bryan, Texas. • Owner shall only be obligated to pay Design/Builder the sum of $380,952.00 from funds received by Owner from the Texas Department of Criminal Justice (TDCJ) pursuant to the Temporary Housing Agreement entered into between TDCJ and Owner. Owner shall make every reasonable and prompt effort to collect said funds from TDCJ. However, any increase in the sum of $380,952.00 required or authorized by this Agreement shall be the sole and general obligation of owner, and such obligation shall not be subject to receipt of funds from TDJC or any other source, but shall be promptly paid by Owner to Design/Builder from current revenues of Owner. Addition to Article 10.1: Design/Builder shall not be deemed to have breached or violated Article 10 of Part 1 or Article 14 of Part 2 hereof, so long as the Texas Department of Criminal Justice (TDCJ) does not deem Owner to be in breach of Section 1.1 of the Temporary Housing Agreement entered into between TDCJ and Owner. A` C ' 1 • t, • l E' F , fF E ( i t I r t 1 i i f 1 1b, - ) THE AMERICAN INSTITUTE OF ARCHITECTS i AU Document A191 Standard Form of Agreement Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This Document comprises two separate Agreements: Part 1 Agreement-Preliminary Design and Budgeting and Part 2 Agreement-final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 Agreement is referred to as Part 2. As used herein "ADD." means the Addend= to Part 2 attached hereto. Batt 1 ard Rxt 2 Milts One k t =Edmd ArMmm-t- PART 2 AGREEMENT-FINAL DESIGN AND CONSTRUCTION t AGREEMENT made as of the qty ninth day of April in the year of Nineteen Hundred and 1994. BETWEEN the Owner: BRAZOS OOUNPY, TDMS acting by and through its duly (Name and address) elected ODmnissioners Oourt and the Design/Builder: DnCSAUR VALTZY CON5TMUCI'ICN, 1W. & CAS, INC•, JOW VEIMM (Name and address) P.O. BOX 7378 Glen Rose, TX 76043 For the following Project: (Include Project name, location and detailed description of scope.) 96 Bed Emergency Medium Security Detention Facility for Brazos Ommty I The architectural services described in Article 2 will be provided byy the following person or entity who is lawfully licensed to'practice architecture: Burns, Stuckey 6 --4cc6lald (Name and address) 1015 W. Elzloa y Ft. Worth, Tx 76104 The Owner and the Design/Builder agree as set forth below. .r f ~•t Copyright 0 198% by live American Institute of Architects, 1735 New York Avenue, N.W, Washington, O C. 20006. Reprlxfu( tin" of Otte material herein or sub,wntlal quotation of its provisions without written permissfon of the AIA vsoUtes Otte tupyrlghl I.nv% of the Owed 51 atcs and will be subject to legal pruset uuon V A 00470,1711T A191, Part ] (AVM6Z 1NSIf.NMU111%K A(.RttMiNI • flU OITIAN A191.198S A•A' 1.1`15 I I II ANTI RI( W IPIM1llt 111 Or AR( 111110', 171CN1 W V0KA A%n fQ0 , PART 2'PAGE 1 NW WA\I11N1 I • IN f 1 / . I, • • • S L y ARTICLE 1 ARTICI 12 4 GENERAL PROVISIONS DESIGN/BUILDER 1.1 BASIC DEFINITIONS 2.1 SERVICES AND RESPONSIBILITIES t 1.1.1 The Contract Documents consist of the Design/ 2.1.1 Design services shall be performed by qualified ar• Builder's Proposal identified in Article 14, this Part 2, the ehltects, engineers and other professionals selected and i Construction Documents approved by the Owner in actor- paid by the Design/Builder. The professional obligations of dance with Subparagraph 2.2.2 below and Modifications such persons shall be undertaken and performed in the issued after execution of Part 2. A Modification is a Change interest of the Design/Builder. Construction services shall Order or a written amendment to Part 2 signed by both be performed by qualified construction contractor$ and p parties. These form the Contract, and are as fully a part of suppliers, selected and paid by the Design/Builder and the Contract as if attached to this Pan 2 or repeated herein. acting in the interest of the Design/Builder. Nothing con- 1.1.2 The Project is the total design and construction for tained in Part 2 shall create any professional obligation or contractual relationship between such persons and the 1 which the Design/Builder is responsible under Part 2, in- Owner. eluding all professional design services and all labor, mate- 2 BASIC SERVICES 2 t rials and equipment used or incorporated in such design . and construction. 22.1 The Design/Builder's Basic Services are described ' below and in Article 14. 1.13 The Work comprises the completed construction deslgned under the Project and includes labor necessary to 2.2.2 Based on the Design/Builder's Proposal, the Design/ produce such construction, and materials and equipment guilder shall submit Construction Documents for review incorporated or to be incorporated In such construction. and approval by the Owner. Construction Documents shall indude technical drawings, schedules, diagrams and speci- fications, setting forth in detail the requirements for con- 12 EXECUTION, CORRELATION AND INTENT struction of the Work, and shall: 1.2.1 This Part 2 shall be signed in not less than duplicate .1 develop the intent of the Design/Builder's Pro- by the Owner and Design/Builder. posal in greater detail; ovide Inf rmation c stomaril ecessar for the 2 y n pr u y o 122 It is the Intent of the Owner and Design/Builder that use of those in the building trades; and the Contract Documents include all items necessary for .3 indude documents customarily required for reg- proper execution and completion of the Work. The Con- ulatory agency approvals. tract Documents are complementary, and what is required byanyone shall be as binding as if required by all. Work not 2.23 The Design/Builder shall assist the Owner in filing covered in the Contract Documents will not be required documents required to obtain necessary approvals of gov ' unless it is consistent with and is reasonably inferable from ernmental authorities having jurisdiction over the Project. the Contract Documents as being necessary to produce the Intended results. Words and abbreviations which have 2.2.4 Unless otherwise provided in the Contract Docu- well-known technical or trade meanin in the gs are used menu, the Design/Builder shall provide or cause to be provided and shall pay for design services, labor, materials, Contract in accordance wi Documents th such recog nized meanings. equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of 1.3 OWNERSHIP AND USE Of DOCUMENTS the Work, whether temporary or permanent ant! whether 1.3.1 The drawings, specifications and other documents or not incorporated or to be incorporated in the Work. furnished by the Design/Builder are instruments of service 2.24 The Design/Builder shall be responsible for and and shall not become the property of the Owner whether shall coordinate all construction means, methods, tech- or not the Project for which they are made is commenced. niques, sequences and procedures. Drawings, specifications and other documents furnished by the Design/Builder shall not be used by the Owner on 2.2.6 The Design/Builder shall keep the Owner Informed other projects, for additions to this Project or, unless the of the progress and quality of the Work. Design/Builder is in default under Part 2, for completion of this Project by others, except by written agreement relating 22.7 If requested in writing by the Owner, the Design/ to use, liability and compensation. Builder, with reasonable promptness and in accordance with time limits agreed upon, shall Interpret the require- 13.2 Submission or distribution of documents to meet ments of the Contract Documents and initially shall decide, official regulatory requirements or for other purposes in subject to demand for arbitration, claims, disputes and connection with the Project is not to be construed as pub- other matters in question relating to performance there- lication in derogation of the Design/Builder's or the Archi• under by both Owner and Design/Builder. Such Interpreta• tect's common law copyrights or other reserved f ights. The tions and decisions shall be in writing, shall not be pre- Owner shall own neither the documents nor the sumed to be correct and shall be given such weight as the copyrights. arbitrator(s) or the court shall determine. A191.198S AIA00CVA0►NTAm.I•aA2 • t1wN1R4x.Ic.NmU11D(RAcr1(W10 • fi1MIL01110" • AIA' • a.11T. • 1/p AIAIKH/IN IPf\IIIUII()IM;111111 C1<, 171~fJIW MARR A\q NUI, - rnaT 7.rAC:r 2 VOL Nw wAV• a-►UZ~ara ^ - 7 71 1 f i. i• i i • Terms and Conditions-Part 2 Agreement • s t ' i E' i t v t r i' t t r Ef I E ,1 u sm ADD. I , at the enpense of Desigtl/&dJder. li 1I arbitration the essence of Part 2. The Work lobe performed under Part r, AIA nOCUA41N1Ayl, I,A7 • 1TYNIR i11 ~N \IIUII DiRAt.ROIAMNI . FIRST 10111AN A191-198S • AIA- ..IVl1•, 1111.\~11R11 WIN\I1 I1 11,11 <Ri 1111111. 17KN1WM(„txAVIN111 PART 7•PAf:f Z NW NAZI II NI,1, 1\ 1)1 %rrY. I.; U I. I e s 2.2.8 The Design/guilder shall'correct Work which does 2.2.17 The Design/Builder shall maintain in good order at not conform to the Construction Documents. the site one record copy of the drawings, specifications, 2.2.9 The Design/Builder warrants to the Owner that ma- product data, samples, shop drawings, Change Orders and terials and equipment incorporated in the Work will be new other Modifications, marked currently to record changes unless otherwise specified, and that the Work well be of made during construction. These shall be delivered to the good quality, free from faults and defects, and in confor- Owner upon completion of the design and construction mance with the Contrai_i Documents. Work not conform- and prior to final payment. Ing to these requirements shall be corrected in accordance with Article 9. ARTICLE 3 2.2.10 The Design/Builder shall pay all sales, consumer, OWNER use and similar taxes which were in effect at the time the Design/Builders Proposal was first submitted to the Owner, 3.1 The Owner shall designate a representative author and shall secure and pay for building and other permits and rized to act on the Owner's behall with respect to the governmental fees, licenses and inspections necessary for Project. The Owneror such authorized representative shall the proper execution and completion of the Work which examine documents submitted by the Design/Builder and are either customarily secured alter execution of Part 2 or shall promptly render decisions pertaining thereto to avoid are legally required at the time the Design/Buildees Pro- delay in the orderly progress of the Work. posal was first submitted to the Owner. 3.2 The Owner may appoint an on-site project represen- 2.2.11 -The Design/Builder shall give notices and comply tative to observe the Work and to have such other responsl- with laws, ordinances, rules, regulations and lawful orders bilities as the Owner and DesignBuilder agree In writing of public authorities relating to the Project. prior to execution of Part 2. 2.2.12 The DesigNBuilder shall pay royalties and license fees. The Design/Eiuilder shall defend suits or claims for nng and other permits, licenses an infringement of patent rights and shall save the Owner ons, and shall pay t uch permits, liADD. 1 harmless from loss on account thereof, except that the spections If the cost of such fees is Pi Owner shall be responsible for such loss when a particular 6-Ided design, process or product of a particular manufacturer is 3.4 The Owner shall furnish services by land surveyors, required by the Owner. However, If the Design/Builder has geotechnical engineers and other consultants for subsoil, reason to believe live use of a required design, process or air and water conditions, in addition to those provided product Is an infringement of a patent, the Design/Builder under Part 1 when such services are deemed necessary by shall be responsible for such loss unless such Information theDesign/Buildertocarry out properly the design services is promptly given to the Owner. under this Part 2. 2.2.13 The Design/Builder shall be responsible to the 3-5 The Owner shall furnish structural, mechanical, Owner fo cts and omissions of the Design/Buildees em- chemical, geotechnical and other laboratory or on-site ployees and es In privity of contrail with the OeslgN tests, inspections and reports as required by law or the Builder to perforn rlion of the Work, indudin their ur~~n agents and employees. onT t i en Contract Documents. urveys and reports re- 3.6 The services in/ormatlon d 2.2.14 The Design/Buil er e p the premises free , , quired by Paragraphs 3.4 and 3.5 shall be furnished at the from accumulation of waste matenals or rubbish caused by Owner's expense, and the DesignBuilder shall be entitled the Design/Builder's operations. At the completion of the to rely upon their accuracy and completeness. Work, the Design/Builder shall remove from and about the Project the Design/Builder's tools, construction equip- 3.7 11 the Owner observes or otherwise becomes aware of SZE ment, machinery, surplus materials, waste materials and a fault or defect in the Work or nonconformity with the Design or Construction Documents, the Owner shall give ADD. rubbish. prompt written notice thereof to the DesigNBuilder. The DesigNBuilder shall prepare Change Orden 3.8 The Owner shall furnish required information and for the O for the approval and execution in accordance with Part 2 and shall have authority to make minor changes in the services and shall promptly render decisions pertaining design and construction consistent with the intent of Part 2 thereto to avoid delay in the orderly progress of the design and construction. not involving an adjustment in the contract sum or an extension of the contract time. The DesignBuilder shall promptly inform the Owner, in writing, of minor changes in nd upon art 2, provide a certified c r not ' the design and construction. ect and thei ized statement of funds avai a 2.2.16 The Design/Builder shall notify the Owner when the Work or an agreed upon portion thereof is substantially 3.10 The Owner shall communicate with contractors only completed by issuing a Certificate of Substantial Comple- through the Design/Builder. tion which shall establish the Date of Substantial Comple- ARTICLE 4 tion, shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and in- TIME surance, shall include a list of items to be completed or corrected and shall fix the time within which the De- 4.1 The Design/Builder shall provide services as expedi- sigrlBuilder shall complete items listed therein. Disputes bously as is consistent with reasonable skill and care and between the Owner and Design/Builder regarding the Cer- the orderly progress of design and construction. tificate of Substantial Completion <hall be resolved by 4.2 Time limits stated in the Contract Documents are of f J oil. W j. 1 2 shall 1 onunence upon execution of a notice to proceed unless otherwise agreed and, tubjoct to authon~cd Aluddr cations, Substantial Completion shall be achieved as indi- cated in Article 14 • • r. F l N SEE 4DD. greed upon j hereof Is the date when construction r an agreed upon portion s sufficiently complete o the Owner can occupy and utilize 1 riNa4L rr agree 4.4 The schedule provided in the Design/Builder's Pro- posal shall include a construction schedule consistent with Paragraph 4.2 above. 4.5 If the Design/Bulldcr is delayed in the progress of the Project by acts or neglect of the Owner, Owner's employ- ees, separate contractors employed by the Owner, changes ordered in the Work not caused by the fault of the Design/ Builder,4aherd.919erles, fire, unusual delay in transporta- tion, adverse weather conditions not reasonably anticipata- ble, unavoidable casualties, or other causes beyond the Design/Buildees control, or by delay authorized by the Owner's pending arbitration or another cause which the Owner and Design/Builder agree is justifiable, the contract time shall be reasonably extended by Change Order. ARTICLE S PAYMENTS shall S•1 PROGRESS PAYMENTS S.1.1 The Design/Builder shall deliver to the Owne Itemized Applications for Payment in such detail as indicat- ed in Article 14. equipment c+wwraayy+•.•w.+u~AfMll«.n•.,/wl.~/ J.ryuww~ are free and clear of hens, ( lawns, a•1 unly Iniviv%h or encumbrances, hereinafter relerred to as -hens", and (3) no Work, materials or equipment er•ryrm4J+riar+Ath+i.ca- Me~f Ire Aayalw+l will have been acquired by the Design/ Builder, or any other person perfofnion ; work at the site or furnishing materials or equipment lot the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by tine seller or otherwise imposed by the Design/Builder or such other person. Itlact 11-Vi4eg !Or W-1 ilkee of 4h; [:)wner, ubstantial Completion or occupancy of the Wor d upon portion thereof by (lie Owner, which rs fi the Design/Builder may apply for and III the Deslg udder has satisfied the requirement aph 5.2.1 and a ther requirements of tine Con ting to retainage, s 1 ay the DesignBBuilder tll retained, If any, for the rk or fur (hc portio d or occupied, less the reason le value of incor complete Work. final payment o 11 wellibel l be made upon correction or complete f sue 5.2 FINAL PAY f a bond is required by Owner, 5.2.1 _HtIther final payment nor amounts retained, if any, shall become due until the DesignBBuilder submits to the Owner (1) an affidavit that payrolls, bells for materials and equipment, and other indebtedness connected with the Project for which the Owner or Owner's property might be liable have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment, (3) a cenlflcate that Insur- ance required by the Contract Documents is in force (of- wing completion of the Work, and (4) 11 equiced by th ubmitt an co a mint, the Ownc rzQl lE to the extent and in such form as may ADD. Applic-aiien !or Pal Fnem 91 all eavit9l'! 1-ape-re be designs by the Owner. If a contractor refuses to furnish i rele or waiver required by the Owner, the enta the Design/Builder to the Owner that, to th Design/Builder furnish a bond satisfactory to the cst of the Builders knowledge, information an Owner to indemnify the Owner against such lien. If such tic(, the design an ruction have progressed to th lien remains unsatisfied after payments are made, the De- in a ed; thequaity Work covered by th t ind endicc tt sign/Builder shall reimburse the Owner for moneys the ppl i in with the ct accordance Documents latter may be compelled to pay in discharging such lien, rid the Design/Builder is entitled to pay s in th including all costs and reasonable attorneys' fees. 5.1.4 The Design/Builder shall pay each contractor, upon ' SEE nce I be paid by the Owner to the Design/Build r ; . yr { receipt pon the Owner f the Design/Builder's (trial A - ADD, ~ ~ O O 7 tie-amount to which said contractor is entitled in actor- location for Payment when t 1 as been complet ~j d ce with the terms of the Design/Builder's contract with nd the Contract fully performed except u s o - •p+ U > 1j y uch contractor. The Design/Builder shall, by appropriate agreement with each contractor, require each contractor to S.2.3 The making of final payment shall constitute a O & ya make payments to subcontractors in similar manner. waiver of all claims by the Owner except those arising from: i ' y 8 1r d) SA.S The Owner shall have no obligation to pay or to be responsible to any way for payment to a contractor of the .1 unsettled liens; .2 (aulty or defective Work appearing alter Substan- $a Design/Builder except as may otherwise be required by law. flat Completion; G S.1.6 No progress payment or partial or entire use or .3 failure of the Work to comply with requirements to occupancy of the Project by the Owner shall constitute an of the Contract Documents; or ; O 1 acceptance of Work not in accordance with the Contract .4 terms of special warranties required by the Con- ff (J v ! 1 Documents. tract Documents. I \ V 5.1.7 The Design/Builder warrants that: (1) title to Work, S.2.4 Acceptance of final payment shall constitute a ' b materials and equipment covered by an Application for P ll th th b at O waiver of all claims by the Deurn/Builder except Otiose the Design/ sl made in Wr111n id identified b rev o a , er y incorpor ayment wi pass to e wner ei ion in y p i y r p u construction or upon receipt of payment by Ih1: Design! I1ud.f.•1 as unsettled at the time of final Application for ` Budder, whichever occur% timi. Work, malenals and Rlylneol ? A191.1985 •IA INX IIMINI Attil, r.,l~ • 111\NIa IN ♦II.NAIIIItIMU x.InlA.1 NI • Illt\11111111 )N • AW • 1•ul, • IIII A.111:1. \11V~1111111111 Alit 111111 11 VISMw1116:11 4\'1•1111, _ Aur- 7(s ri 1. ' . . . r • ; 1. f• i I• 4 , 1 f . rI c. • .t v I then 3.3 INtIRISti PAVMENIS redly related to employment of such person by ' S.3.1 flayments due the Desig uilder under Part 2 which the Design/Builder or (2) by another person; are not paid when due shall bea interest from the date due •S claims for damages, other than to the Work at the at the rate specified in Article 3, or in the absence of a site, because of injury to or destruction of tangible specified rate, at the legal rat prevailin w ere a rin• property, including loss of use; and Q v e t a lied to .6 claims for damages for bodily injury or death of a W ctq I i ` ' kx+~8 bQ person or property damage arising out of owner. ARTICLE 6 ship, maintenance or use of a motor vehicle. PROTECTION OF PERSONS AND PROPERTY 7.1.2 The insurance required by the above Subparagraph= 7.1.1 shall be written for not less than limits of liability AM6 6.1 The DesignlBuilder shall be responsible for initiating, specified in the Contract Documents or required by law, maintaining and providing supervision of safety precau- whichever are greater. lions and programs in connection with the Work. 7.1.3 TheDesign/Builder's liability insurance shall Include 6.2 The Design/Builder shall take reasonable precautions contractual liability insurance applicable to the Design/ I 1,11? 11 or sa rovide reasonable protection to Builder's obligations under Paragraph 11.7. AM prevent damage, injury or oss ern'brees on the 7.1.4 Certificates of Insurance, and copies of policies if pERM Work and other persons who maybe affected thereby; (2) requested, acceptable to the Owner shall be delivered to the Work and materials and equipment to be incorporated the Owner prior to commencement of design and con- therein; and (3) other property at or adjacent to the site. struction. These Certificates as well as insurance policies 6.3 TheDesign/Dulldershall give notices andcomply with required by this Paragraph shall contain a provision that applicable laws, ordinances, rules, regulations and orders coverage will not be cancelled or allowed to expire until at of public authorities bearing on the safety of persons and least thirty days' prior written notice has been given to the W property and their protection from damage, injury or loss. Owner. any of the foregoing insurance coverages are 6.4 The DesigrlBuilder shall be liable for damage or los required to remain in force after final payment, an addi- tional certificate evidencing continuation of such coverage (other than damage or loss to property Insured unde a shall be submitted along with the application (or final property insurance provided or required by the ntract payment Documents to be provided by the Owner) to ope at the site caused in whole or in part by the O ign/Bui er, a 7.2 OWNER'S UA61l7TY INSURANCE contractor of the Oesign/Builder or an a direct r indi• 721 The Owner shall be responsible for purchasing and rectly employed by either of them, y anyone r whose maintaining, in a company or companies authorized to do acts they may be liable, e xcept mage or los ttributable business in the state in which the principal improvements to the acts or omissions of t er, the O nets separate are to be located, Owners liability insurance to protect the contractors or anyone wily or indlre y employed by Owner agains daims which may a (ropt pera s ~ them or by anyone r whose acts th may be liable and t ~ l Q under this Project. C O not attrlbutabl the fault or ne ence of the Design/ Builder. Or bodily injury s S SK 7.3 PROPERTY INSURANCE or causes of action, death or persons 7.3.1 Unless otherwise provided under his Part 2, the expo LSes, or claim ARTICLE 7 Owner shall purchase and maintain, in a c mpany or eom- INSURANCE AND BONGS panies authorized to do business in the st to in which the principal improvemerts are to be located, property insur- 7.1 DESIGN/BUILDER'S IIABllll'T INSURANCE ante upon the Work at the site to the full insurable value 7.1.1 The Design/Builder shall purchase and maintain in a thereof. Property insurance shall include interests of the Owner, the Design/Builder, and their r con- O company or companies authorized to do business In the stale in which the Work is located such insurance as will tractors and subcontractors in the Work, It t shall l Insure protect the the -Design/Builder from claims set forth below dude against perils of fire and extended coverage and shall in- all risk insurance for physical loss damage i• may arise out of or result from operations under the Contract by the Design/Builder or by a contractor of the ing, without duplication of coverage, theft, vandalism m and Design/Builder, or by anyone directly or indirectly em- malicious mischief. If the Owner does not intend to pur- chase such insurance for the full insurable value of the ployed by any of them, or by anyone for whose acts they may be liable: entire Work, the Owner shall inform the Design/Builder in writing prior to commencement of the Work. The Design/ .1 claims under workers' or workmen's compensa- Builder may then effect insurance for the Work at the site Iron, disability benefit and other similar employee which will protect the interests of the Design/Builder and benefit laws which are applicable to the Work to the Design/Builder's contractors and subcontractors, and be performed, by appropriate Change Order the cost thereof shall be .2 claims for damages because of bodily injury, oc- charged to the Owner. If the DesignBuilder is damaged by - cupational sickness or disease, or death of the failure of the Owner to purchase or maintain such Insur Design/Builder's employees under liny applicable ante without notice to the Design/Builder, then the Owner employer's liability law; shall bear all reasonable costs properly attributable there- .3 claims for damages because of bodily injury, sick- to. If not covered under the all risk insurance or not other- ness or disease, or death of persons other than the wise provided in the Contract Documents, the Design/ • Design/Builder's employees, Builder shall effect and maintain similar property insurance .4 claims for damage% covered by usual personal in- on portions of the Work sloied bii-site or in transit when jury liabilin to%erage which are suslained (l) by a such portions of the %Voik are to be included in an Applica• person a% a result of an ofienw directly or indi. lion for Payment AIA 00474LIMINI A Ili, Part 1 • 111\\i A I W%tf N fit III OWx At.IZI I MINI . fiiKl till I l()N A191.198S • AIA• .111. • Irll \\11►11 \MINIIIII X11 r11 .l~l 111111 I 171',NI\Vln III♦j%l YI:Ip-i~ / v.• 1\.,i~... I0.-.- PART ).PAr.r u f , i i • • k ti r f f • I \ 3 i Z f i r i 7.3.2 Unless otherwise provided under this Part 2• the Owner shall purchase and maintain such boiler and ma- chinery insurance as maybe required by the Contract 4oc- uments or by law and which shall specifically cover such insured objects during installation and until final accep- lance by the Owner This insurance shall cover Interests of the Owner, the Design/Builder, and the Design/Builder's contractors and subcontractors in the Work. 7.3.3 A loss insured under Owner's property insurance is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to requirements of any applicable mort- gagee clause and of Subparagraph 7.3.8. The Design/ Builder shall pay contractors their shares of insurance pro' ceeds received by the Design/Builder, and by appropriate agreement, written where legally required for validity, shall require contractors to make payments to their subcontrac- tors in similar manner. 7.3.4 Before an exposure to loss may occur, the Owner shall file with the Design/Builder a copy of each policy required by this Paragraph 7.3. Each policy shall contain only those endorsements specifically related to this Proj- ect. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least thirty days' prior written notice has been given the Design/ Builder. 7.3.5 If the Design/Builder requests in writing that insur- ance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, obtain such insurance, and the cost thereof shall be charged to the Design/Builder by appropriate Change Order. 7.3.6 The Owner and Design/Builder waive all rights against each other and the contractors, subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 7.3 or other property insurance applicable to the Work, except such rights as they may have to proceeds of such insurance held by the Owner as trustee. The Owner or Design/ Builder, as appropriate, shalt require from contractors and subcontractors by appropriate agreements, written where legally required for validity, similar waivers each in favor of + other parties enumerated in this Paragraph 7.3. The policies shall be endorsed to include such waivers of subrogation. 7.3.7 If required in writing by a party in interest, the Owner as trustee shall provide, upon occurrence of an insured loss, a bond for proper performance of the Owner's duties. The cost of required bonds shall be charged_against proceeds received as trustee. The Owner shall deposit proceeds so received in a separate account and shall distribute them in accordance with such agree- ment as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Article 10. If after such loss no other special agreement is made, replacement of damaged Work shall be covered by appropriate Change Order. 7.3.8 The Owner, as trustee, shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object, in writing, within ten days after occur- rence of loss, to the Owner's exercise of this power. If such objection be made. the Owner as trustee shall make senle- ment with the insurers In accordance with the decision of arbitration as provided ui Arit(le 111 I( distribution o(insur. ante proceeds by at 0itration is required, the arbitrators will direct such distribution 7.3.9 11 the Owner finds it necessary to occupy or use a portion or portions of the Work before Substantial Com• pletron, such occupancy or use shall not commence prior to a time agreed to by the Owner and Design/Builder and to which the insurance company or companies providing property insurance have consented by endorsement to the policy or policies. The property insurance shall not lapse or be cancelled on account of such partial occupancy or use. Consent of the Design/Builder and of the insurance com- pany or companies to such occupancy or use shall not be unreasonably withheld. 7.4 LOSS OF USE INSURANCE 7.4.1 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. The Owner waives all rights of action against the OcsignBuilder, and its con- tractors and their agents and employees, for loss of use of the Owner's property, including consequential losses due to fire or other hazards, however caused, to the extent covered by insurance under this Paragraph 7.4. 7S PERFORMANCE BOND AND PAYMENT BOND ign/Buil er orids covering the faithful pert ante of the Contract an i all obligatio rising thereunder' SIB ADD. ARTICLE 8 CHANGES IN THE WORK 8.1 CHANGE ORDERS 8.1.1 A Change Order is a written order signed by the Owner and Design/Builder, and issued after execution of Part 2, authorizing a change in the Work or adjustment in the contract sum or contract time. The contract sum and contract time may be changed only by Change Order. 8.1.2 The Owner, without invalidating Part 2, may order changes in the Work within the general.scope of Part 2 consisting of additions, deletions or other revisions, and the contract sum and contract time shall be adjusted ac- cordingly. Such changes in the Work shall be authorized by Change Order, and shall be performed under applicable conditions of the Contract Documents. 8.1.3 If the Owner requests the Design/Builder to submit a proposal for a change in the Work and then elects not to proceed with the change, a Change Order shall be issued to reimburse the Design/Builder for any costs incurred for Design Services or proposed revisions to (fie Contract Documents. 8.1.4 - Cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum propetiv itemized and supported by sufficient substantiat• ing data to permit evaluation; .2 by unit prier's stated in the Contract Documents •')r subsequemly agreed upon. A191.198y AIA IXx UININ I A 11911•$.,1 2 •r\Mli 1%%II.N lit oil 1140 M.141111AIN 1 • 1111%11 Of IN1% . ~N . r UIIKI. A 11ASnitiil 'it \611111111 H 1711. NItV1110AA\1 M'1 PART 2-IIAC.1 6 V Oq it ly i•, ~•.ii,•. + - w _.._•....a.~.e,.. ti._..:.>.e,i.:....-++.....'' piss.... -.v - r.~.tia..,a _ t~~.. s+...+... - +a4 La.•flr+r CJ I 'J f,I E S i. t i• f / L t i• Y t f!, 1 r `yl S I i t i 1 c r G r i .I • f s mission of the Design/Builder's Proposal under Part 1. ARTICLE 9 CORRECTION OF WORK 9.1 The Design/Builder shall promptly correct Work re- jected by the Owner or known by the Desigrl/Builder to be defective or failing to conform to the Construction Docu- ments, whether observed before or after Substantial Com- pletion and whether or not fabricated, installed or com- pleted, and shall correct Work under this Part 2 found to be SM defective or nonconforming within a period of one year AM. from the date of Substantial Completion of the Work or designated portion thereof, or within such longer period provided by any applicable special warranty in the Contract Documents. 9.2 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations of the DesignBuilder under this Part 2. Para- graph 9.1 relates only to the specific obligation of the De. sigrt/Builder 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 DesigNBuilder's liability with respect to the Design/Builder's obligations other than correction of the Work. 9.3 If the DesignBuilder fails to correct defective Work as required or persistently fails to carry out Work in accor- dance with the Contract Documents, the Owner, bywrinen order signed personally or by an agent specifically so em- , powered by the Owner in writing, may order the Design/ Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities. 9.4 It the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and falls within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/ Builder and, seven days following receipt by the Design/ Builder of that second written notice andwithout prejudice to other remedies the Owner may have, correct such defi- ciencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/Builder costs of correcting such deficiencies. If the payments then or thereafterdue the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to arbitration. . Am days after first observance of the conditions. The contract 9 5 S). sum shall be equitably adjusted for such concealed of un- ARTICLE 10 known conditions by Change Order upon claim by either ARBITRATION party made within twenty-one days after the claimant be- conics aware of the conditions. ween iriles to this Part 2 arising out of or relating to 8.3 REGULAIORY CHANGES 'art 2 shall be c -d by arbitration in accordance with • 8.3.1 the De%irnrHuilder shall he compensated (or heCon,tructhinIndu%li ration Rules oftheAmcn- 4hinge,oil tlu•Woft,note,,ll.Itedby theenaiuneiltor revs- all ArbltlatitnlA„u1lalionthen ii unless thepar- ,lun 111 (ode" 1.1%%N Ali IvgtI1a1I4)t1„ub,equrrlt to the %ub• /a•,.ypeoulhellv,r NI)ai1)illa1l0narl,lilguu ICU- AIA IAX 11All M1 A171 r„I l 1n, N1/. IM MI HMI II11116: M III I KM N1 • IIIh11111114M A191.198S • AIA 1••.. • 1111 M%I AN „ IN, 1111111/11 A►11.: 11111 1,1. .4W%I/1.1, A\11 NI 11 1•.. •1I 11• PART 2•PAGC 7 r .3 by cost to be determined in a manner agreed upon . by the parties and a mutually acceptable fixed or percentage lee; or .4 by the method provided below. 8.1.5 11 none of the methods set forth in Clauses 8.1.4.1, 8.1.4.2 or 8.1.4.3 Is agreed upon, the Design/Builder, pro- vided a written order signed by the Owner is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including the expenditures for design services and revisions to the Contract Documents. In case of an increase in the contract sum, the cost shall include a reasonable allowance for overhead and profit. In case of the methods set forth in Clauses 8.1.4.3 and 8.1.4.4, the Design/Builder shall keep and present an itemized ac- counting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, cost shall be limited to the fol- lowing: cost of materials, Including sales tax and c9st of delivery; cost of labor, including social security, old age and unemployment Insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensa- tion Insurance; bond premiums; rental valueol equipment and machinery; additional costs of supervision and field office personnel directly attributable to the change; and fees paid to architects, engineers and other professionals. Pending final determination of cost to the Owner, pay- ments on account shall be made on the Application for Payment. The amount of credit to be allowed by the Design/ Builder to the Owner for deletion or change which results . in a net decrease in the contract sum will be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be Ilgured on the basis of the net increase, it any, with respect to that change. 8.1.6 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities onginally contemplated are so changed in a proposed Change Order that application of agreed unit prices to quantities pro- posed will cause substantial inequity to the Owner or De- sign/Builder, applicable unit prices shall be equitably adjusted. 8.2 CONCEALED CONDITIONS 8.2.1 If concealed or unknown conditions of an unusual nature that affect the performance of the Work and vary from those indicated by the Contract Documents are en- countered below ground or in an existing structure other than the Work, which conditions are not ordinarily found to exist or which differ materially from those generally recognized as inherent in work of the character provided for in this Part 2, notice by the observing party shall be given promptly to the other party and, of possible, before condi- tions are disturbed and in no event later than twenty-one ~o 1 1r u • • ADD. C ti r r i, 4 i 4 . 44, • to this 11 12 shall mc1 dc, I consolidation or jolnde Ir ui. Ihcr manner, an addrlwn it person not a party tr 'art 2 excep written consent containing specific refer nce to Part 2 an ned by the Owner, Design/Bullde rid any other person lit to be joined. Consent to rbitratlon involving an ad at person or person hall not constitute consent to arbil n of a dispmle no escnbed or with a person not named the This prove ion shall be specifically enforceable in any tour om rill ith the other party to this Part 2 and with th merican ' ation Association. The demand shall b ade within a yeas le time after the claim, dispute o ther matter in question risen. In no event shall th emand for arbitration be ma a the date when th pplicable statute of limitations woul stitution of egal or equitable proceeding based on such dos of their work the Design/Builder shill incorporate and coordinate the Design/Builder's Work with work of the • Owner's separate contractors as required by the Contract Documents 11.5.3 Costs caused by defective or ill-timed work shall be borne by the party responsible. 11.6 CLAIMS [OR OAMAGES 11.6.1 Should either party to Part 2 suffer injury or damage to person or property because of an ad or omission of the other party, the other party's employees or agents, or an- other for whose ads the other party is legally liable, claim shall be made in writing to the other party within a reason- able time after such injury or damage Is or should have been first observed. 11.7 IND[MNmcAT1oN 304,der shall indemnify and hold harmless tilt Owner an fnd judgment may ccordhe nets consultants and separate contactors, any o heir su ontractors, sub-subcontractors, a ents and em loyees fr and against claims, damages, losses and ex uses, inclu ng but not limited to attorneys' fees, arisin l er on the Work and maintain its progress ut of or result from performance of the Work, Thes ring any arbitration s, and the Owner shall ndemnification o ations shall be limited to claims, dam tinue to make payments to the 'Ider in ac- ges, losses or expen s (1) that are attributable to bodil njury, sickness, disease death, or to injury to ordestruc ionof tangible propcrty(o r_r than the Work itself) includ SM ng loss of use resulting ther rom, and (2) to the exten ADD. itch claims, damages, losses o expenses are caused i ARTICLE 11 ole or in part by negligent ac or omissions of th MISCELLANEOUS PROVISIONS sign/Builder, the Design/Buildees ntractors, anyon erectly or indirectly employed by eit r or anyone fo 11.1 This Part 2 shall be governed by the law of the place ose acts either may be liable, regardles f whether o where the Work is located. of they are caused in part by a party Inden 'tied her nder. Such obligation shall not be construed negate 11.2 The table of contents and the headings of articles and bridge or otherwise reduce other rights orobllga nso paragraphs are for convenience only and shall not modify Indemnity which would otherwise exist as to a pa o rights and obligations created by this Part 2. 11.3 In case a provision of Part 2 is held to be Invalid, w5i~j+Pi~wl illegal or unenforceable, the validity, legality and enforce- ability of the remaining provisions shall not be affected +r Go -1t- can s tractors, any 1( of their subcontractors, sub-sub . contract . ents or employees by an employee of 111 11.4 SUBCONTRACTS es gn/Builde , contractors, anyone directly or Indi 11.4.1 The Design/Builder, as soon as practicable after ectly employed by or anyone for whose acts the ay be liable, the lndem ation obligation under the execution of Part 2, shall furnish to the Owner in writing the names of the persons or entities the Design/Builder will aragraph 11.7 shall not be lot ' d by a limitation o f engage as contractors for the Project. mount or type o damages, compensa or benefits pa ble by or for the Design/Builder, or a Builder' 11.4.2 Nothing contained in the Design/Builder Contract ontractor, under workers' or workmen's com too Documents shall create a professional obligation or con- tractual relationship between the Owner and any third party' 11.8 SUCCESSORS ANO ASSIGNS 11.5 WORK BY OWNER OR OWNER'S CONTRACTORS 11.8.1 This Part 2 shall be bonding on successors, assigns, 11.5.1 The Owner reserves the right to perform work re- and legal representatives of and persons in privily of con• fated to, but not part of, the Project and to award separate tract with the Owner or Design/Builder. Neither party shall contracts in connection with other work at the site If the assign, sublet or transfer an interest in Part 2 without the . Design/Builder claims that delay or additional cost is in- written consent volved because of such action by the Owner, the Design/ 11.8.2 This Paragraph 11.8 shall survive completion or le!- Builder shall make such claims as provided in Sub- mination of Part 2. paragraph 11.6. 11.9 In case of termination of the Architect, the Design/ 11.5.2 The Design/Builder shall afford the Owner's sepa- Builder shall provide the services of another lawfully li- rate contractors reasonable opportunity for introduction tensed person or entity against whom the Owner makes no and clorage of their materials and equipment for execution reasonable objection. A191-198S AIA oocUMlNr A"l, ►.w 2 (1kvNi R n1 cu woovu 1711r ACR1I W N1 • rllrst (n111O11 • AAA- • ■•wls • 1111 MY 1t1('AN IAN III kill 4)4 ARCO Oil (11, 011 04W K)Kr AVlMA PART 2-PAGE 8 • \ v~ ` A NW PA U E12, i / SEE Am. i _ ..vu---, x11...~s.s...w.~.r.L+.+,uL.,r....~uY+.i--- - '-wti.,.u.... w........s.,r..w..,. .....~.+.`._.~...+.~.w.s+.+,~a...,a".-".:~.~-!.__' tt 4 1 ' t r / t tY - - 'r I` 6 i, 11.10 EXTENT Of AGREEMENT r• • ' 11.10.1 Part 2 represents the entire agreement between f the Owner and Design/Builder and supersedes Part 1 and prior negotiations, representations or agreements. Part 2 maybe amended only by written instrument signed by both f Owner and Design/Builder. ARTICLE 12 TERMINATION OF THE AGREEMENT i 12.1 TERMINATION BY THE OWNER i 12.1.1 This Part 2 may be terminated by the Owner upon fourteen days' written notice to the Design/Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and ma- chinery, including reasonable profit and applicable damages. 12.1.2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of Part 2 the Owner may give written notice that the Owner F inten s to terminate Part 2. If the Design/Builder fails to co" the defaults, failure or neglect within seven days after b -ing given notice, the Owner may then give a second or Part 1 F 01 i 1 3 .1 3 i 1 7 0 0 written notice and, after an additional seven days, the Owner may without prejudice to any other remedy make ggood such deficiencies and may deduct the cost thereof (rorn the payment due the Deslgn/Bullder, or, at the Owner's option, may terminate the employment of the Design/ Builder and lake possession of the site and of all materials, equipment, tools and construction equipment and ma- chinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expe- dient. It the unpaid balance of the contract sum exceeds the expense of finishing the Work, the excess shall be paid to the Design/Builder, but if the expense exceeds the un- paid balance, the Design/Builder shall pay the difference to the Owner. 12.2 TERMINATION BY THE DESIGNMUILDER 12.2.1 If the Owner fails to make payment when due, the Design/Builder may give written notice of the Design/Build• er's intention to terminate Part 2. If the Design/Builder fails to receive payment within seven days after receipt of such notice by the Owner, the Design/Builder may give a second written notice and, seven days after receipt of such second written notice by the Owner, may terminate Part 2 and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, includ- ing reasonable profit and applicable damages. ,1 +I. ;r. 1 i' AIA 1X71 t1AMN1 A1%1, rp1 t • /M'MM 171 ~1(.NRI01tIx■ AI:QIIAtl N1 • r1Ui1 Iu11n1N A191-1985 • AIA- • .1.W. • 1111 AMi x11 AN IN%111 011 1 11 AM MIMI%.171% N1W11N:A AVI NIH, NW wM041M 10-4 111 .4%ov. ~P ~ ~ ~ PA G E• V.50 PART 2-PAG1 9 • • A Fa r, r / 1 t 4 r F~ r E V Y l~ 4 1 i 1 t 1 ARTICLE 13 BASIS OF COMPENSATION c The Owner shall compensate the Design/Builder in accordance with Article S, Payments, and the other provisions of this Part ` 2 as described below. 13.1 COMPENSATION 13.1.1 FOR BASIC SERVICES, as described in Paragraphs 2.2.2 through 2.2.17, and for any other services included in Article 14 as part of Basic Services, Basic Compensation shall be as follows: SEE AM. 13.2 REIMBURSABLE EXPENSES 13.2.1 Reimbursable Expenses are In addition to the compensation for Bask and Additional Services and Include sc wl expenditures made by the OesignlBuilder in the interest of the "ed for the expenses listed as follows: 13.2.2 FOR REIMBURSABLE EXPENSES, compensation shall be a multiple of ( ) limes the amounts expended. 13.3 INTEREST PAYMENTS 13.3.1 The rate of interest for past due payments shall be as follows: AAwy lawn and requirements under the Federal Tnrth in Lending Act, similar slate and focal consumer credit taws and Other reautatkns at the OKtsarl and peslanfBullden pane pal places of busatem at the locat.on o1 the Ro/ecs and elsewhere may affect the Sul day of this p,ovtsbn. SpecUk lqd adaoe should be oWamed with eespca to deletbn, nad/f ut.on or Other re lu&rn1dw9M Such as Wnflen discloswes of wai MJ At the highest lawful rate then prevailing in the State of Texas and authorized to be paid by Owner pursuant to State law. y i a A191-198S AAA oocumEmi mil. Part ] . t711. 6:111.K14a1U111)IIt At•1Ct1MlN1 • t1RS111>tIN7w ALA- • • 141: 11tl MY1:a'AI. IM 111\111 ill AW 11111 t:1♦, 171: MINVOM AA M■ 27- ~ a..~ ~ ..f..rw.i~.1„ ..Y.rL. ,.h+..1 ...vW.. a,4~/~.• - ~~a a r_... ....:....1.1 M _•...~~.c..rr_V,LiI....I~Yi.w~✓ E 0 f' I 1 t I ff, kI F ♦I j a ARTICLE 14 N 0 OTHER PROVISIONS 14.1 The Basic Services to be pertonned shall be commenced an intmadiately and, subject to authorized adjustments and to delays not caused by the Design/Builder, Substantial Completion shall be achieve SEE in / I . ADO. 14.2 The Basic Services beyond those described in Article 2 are: ar in it ate 11 M. NONE i . 1 i 3 I i n 1 4.1 14.9 The Design/Builder shall submit an Application for Payment on the of each month. 14.4 The Design/Buildees Proposal includes: aisebelow:Ihhftn2.S&WkawnuryandorherCond iont.Ih chm*l6a,dlarpad/jnNan;.naA/odgarwn~ Miowlr~v+ai«rnearnunla«.N,a case, and dates where applkabre to derax dw .Dope o/ wolr.) Letter of April 13, 1994 from Desigrs/Builder to Owner and "Scope of Work" attached thereto. SEE ADD. FOR ADDITIONAL PROVISIONS This Part 2 entered into as of the ay and year first written above. Brazos C1oun, and througb it s Dinosaur Valley Oonstruction, Inc. duly elected O~ttai ssiaa~ers Court CAS, INC., A JOIM V1NrM OWNER DESIGNBUILDER CIO BRAZOS COUNTY VRO. 217d 300 E. 26th ST. G p~ BRYAN, TEXAS 77803 BY R.J. Holmgreen BY County Judge 01 CAUTION: You should sign an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. I I I'/-~ 09 AIA OOCU6%Ml AHI. Pad T • ow►ae rxsl('J4/sUnD(K AGUI MINT • FIIMl tI)11KIN A191-1985 • AIA• . r l'•R a III ALAI RICAN IN%I if Ulf Of ARCNITtOS. Ms PAW YORK AM 1N" - PART 2-PAGE 11 N W. WAV IINI.II IN 111 71111K ' WAnNrNr: I Innce~rd r^m- . I . I. •!V/.,y,}fII laws wW Is sub* to MJW plmeoWkwL - t/ f iI • • • f 2 r c 3859/DHY/vrr/jsm/tcb/05/09/94 ~ {v r R• i~ ADDENDUM TD_PART? OF-BJANDARD- ORK-?P AG EE W.KT-D MEN-OWNER-AND DESlGN/julwzR BY AND BETWEEN OS COUNTY. TEXAS (00wner') BRAZ . And DINOSAUR MNS3:RUCTION. INC.(-Des grn//Builder-) C Addition to Article 2.2.11: Additionally, Design/Builder shall comply with all applicable Federal, State or municipal health, safety or building codes. However, the terms of Article 3.3 hereof, shall control which party hereto shall bear the costs and expenses of the compliance required by this Article 2.2.11. r New Article 3.3: e t The owner shall be responsible for securing all permits and ' approvals from any governmental entity exercising jurisdiction over the work, and shall be responsible for all fees and costs associated therewith. By way of example •only, and without limiting Owner's obligations hereunder, Owner shall reimburse Design/Builder for architectural and engineering fees, as well as all other costs and expenses, S incurred by Design/Builder in complying with the ~4 requirements for the Project of the City of Bryan, more particularly described on the attached Exhibit A, incorporated by reference herein. Owner shall be obligated to reimburse Design/Builder for any costs, fees or Y: expenses, incurred by Design/Builder as a result of any other modification, alteration or change in the Project required by the City of Bryan as a condition to the issuance of any permit, approval, acceptance or other authorization or consent of any type. Those requirements of the City of Bryan, described on the attached Exhibit B, shall be fully satisfied by Design Builder, as its sole cost and expense. Design/Builder and its subcontractors shall be responsible for all fees associated with r authorization to do business, such as registration fees 6 paid to local entities. j 7: Addition t Article 3' ' y r . o Provided however, that Owner's failure to do so shall not relieve Design/Builder of any obligation, duties or t liabilities hereunder. A 4 3 ti l r . : e c New The date of Substantial Completion of the work shall be the date upon which the Jail Standard Commission of the State of Texas issues a Certificate of Occupancy for the Project. r" o ~a4::~~tl VOL i , k 1 i e i f I. ( i t i l i k -.L "p - 3859/DHY/vrr/jsm/tcb/05/09/94 j Addition to Article 5.2.1: In the event owner requires any performance, payment or other bond, Owner shall be responsible for the cost of any such bonds. If Owner does not require a bond, Design/ Builder shall supply to owner a list describing each subcontractor, materialman or supplier associated with the work. If a bond is not required by Owner, prior to receipt of any payment from Owner, at the option of Design/Builder, Design/Builder shall provide to Owner a waiver of lien from each such subcontractor, materialman or supplier associated with the Work, or shall authorize Owner to issue payment jointly to Design/Builder and each such subcontractor, materialman or supplier. Addition to Article S.2.2: Final payment constituting the entire unpaid balance due shall be paid by the Owner to the Design/Builder (i) upon the Owner's receipt of the Design/Builder's final Application for Payment when the Work has been completed and the Contract fully performed except for those responsibilities of the Design/Builder which survive final payment; (ii) a Certificate of Occupancy for the work is issued by the Jail Standards Commission of the State of Texas and (iii) the final payment is due as defined in 5.2 herein. Addition to Article 7.1.2: The Worker's Compensation policy shall provide for the statutory limit of liability and Employer's liability of $100,000 and $300,000. General liability coverage for bodily injury shall be $1,000,000 for each person and $1,000,000 for each occurrence and property damage of $100,000 each occurrence and $300,000 aggregate. Addition to Article 7.5.1: In the event Owner requires a Bond, WITHIN FIVE (5) DAYS AFTER EXECUTION OF THE CONTRACT DOCUMENTS AND PRIOR TO THE COMMENCEMENT OF ANY OF THE WORK, Design/Builder shall furnish to Owner, at Owner's expense, and keep in force throughout the effectiveness of this Contract a statutory performance bond and a statutory payment bond in the amount of the Contract Sum, covering faithful performance of this Contract and the payment of all obligations arising in connection therewith, free of liens upon the Project and work. The bonds shall name Owner as the obligee and shall be in such form and with such sureties as Owner may reasonably approve. Should the surety on such bonds become insolvent or be put into receivership during the term of this Contract, Design/Builder shall promptly notify Owner 2 - 3 G. u a .J 1 1 r.' I y r _ ~ l f r . E • r] 3859/DHY/vrr/jsm/tcb/05/09/94 f~ S, t' 'Er Y r z F• L thereof and shall be obligated to obtain replacement bonds within ten (10) days after receiving notice of such event, at Owner's cost, provided that Owner shall be entitled to receive any rebate in premium from the prior surety, if any, and Design/Builder shall not receive credit therefor. addition to Article 9.1: Design/Builder shall bear all direct and associated costs of such rejected or defective work. addition to Article 9.5: The corrective remedies set forth in Article 9 are not exclusive and shall not deprive the Owner of any action, right or remedy otherwise available to it for breach of any of the provisions of the Contract Documents. New Article 10• "Owner and Design/Builder hereby agree that no claims or disputes between Owner and Design/Builder arising out of or ,relating to the Contract Documents, the Project or work or a breach thereof shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14), or any applicable state arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the project, Design/Builder consents to be joined in the arbitration proceeding if Design/Builder's presence is required or requested by Owner for complete relief to be accorded in the arbitration proceeding." New Article 11.7.1 and 11.7.2: To the fullest extent permitted by applicable law, Design/Builder shall and does agree to indemnify, protect, defend and hold harmless the Owner, and its officers, elected officials, employees and agents (collectively the "Indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments, and expenses, including attorney fees, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (in whole or in part) (1) the Work performed, or any part thereof, (2) the Contract Documents, or (3) any act or omission of Design/Builder, any Subcontractor, anyone directly or indirectly employed by them, or anyone that they control or exercise control over (collectively, the "Liabilities"). 3 - L` i•I • It I r ' r I~ 1 ~f r i k 4 i l y C l :I Z 1 1 _4 3859/DHY/vrr/jsm/tcb/05/09/94 ~i The obligations of Design/Builder under this indemnification shall apply to Liabilities even if such Liabilities are caused in whole or in part by the negligence of any Indemnitee but shall not apply to any negligence or third party contractors hired by the owner to work on the Project. Design/Builder shall promptly advise owner in writing of any action, administrative or legal proceeding, or investigation as to which this indemnification may apply, and Design/Builder, at Design/Builder's expense, shall assume on behalf of Owner (and the other Indemnitees) and conduct with due diligence and in good faith the defense thereof with counsel selected by Owner; provided, however, that Owner shall have the right, at its option, to be represented therein by advisory counsel of its own selection and its own expense. In the event of failure by the Design/Builder to fully perform in accordance with this indemnification paragraph, Owner, at its option, and without relieving Design/Builder of its obligations hereunder, may so perform, but all costs and expenses so incurred by Owner in that event shall be reimbursed by Design/Builder to Owner, together with interest on the same from the date any such expense was paid by Owner until reimbursed by Design/Builder at the rat of interest provided to be paid on judgments under the laws of the State of Texas. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers' compensation acts, disability. benefit acts or other employees' benefit acts. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under this Article 11.7, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. Audition to Article 13.1.1; There shall be only one payment to Design/Builder for all services performed relative to the Project and the Work as stated in Part 1 and Part 2. Such sum shall be $380,952.00 payable upon the issuance of a Certificate of Occupancy for the Project by the Texas Commission on Jail Standards. The sum of $380,952.00 shall be increased by the amount - 4 - •1 f, t~l • i j, t c t t 1 r 3859/DHY/vrr/jsm/tcb/05/09/94 11 J i • • • .r t required by Design/Builder to alter, modify or amend the Work so as to comply with any governmental code- or regulation, (except for any rule, regulation or requirement of the Texas Jail Standards Commission), including but not limited to any code or regulation promulgated or adopted by the City of Bryan, Texas. Owner shall only be obligated to pay Design/Builder the sum of, $380,952.00 from funds received by Owner from the Texas Department of Criminal Justice (TDCJ) pursuant to the Temporary Housing Agreement entered into between TDCJ and Owner. Owner shall make every reasonable and prompt effort to collect said funds from TDCJ. However, any increase in the sum of $380,952.00 required or authorized by this Agreement shall be the sole and general obligation of Owner, and such obligation shall not be subject to receipt of funds from TDJC or any other source, but shall be promptly paid by Owner to Design/Builder from current revenues of Owner. Addition to Article 14.1: Design/Builder shall not be deemed to have breached or violated Article 10 of Part 1 or Article 14 of Part 2 hereof, so long as the Texas Department of Criminal Justice (TDCJ) does not deem owner to be in breach of Section 1.1 of the Temporary Housing Agreement entered into between TDCJ and Owner. ADDITIONAL PROVISIONS OF PART 2 A. As specified in .the scope of work, included with the letter dated April 13, 1994 to Johnny Barkalter, all hookup to final utilities will be at the expense of Brazos County. DVCI is not responsible for any time lost due to the time required for the City of Bryan to issue permits for construction for the work. The only change in the scope of work is the china plumbing fixtures in the inmate holding area will be stainless steel combo units. B. The cost of supplying temporary electrical service to the, site of the Work (for construction purposes) shall be the responsibility of Design/Builder. All "hookup" fees and charges associated with permanent utilities shall be the responsibility of Owner. • • C. Notwithstanding any statement or inference to the contrary herein stated, Design/Builder by this agreement is required to build and Design/Builder does hereby represent and warrant that it shall build a facility that will meet the specifications of a "Medium Security Risk" -jail as promulgated by the Texas Commission on Jail Standards. - 5 - E. ~s a hii f x. ~w I r•~ 1 • e. ' I~ f ' t I ' 3859/DHY/vrr/jsm/tcb/05/09/94 i r t f . fl D. As set forth in the "Scope of Work" incorporated into this Agreement pursuant to Article 14.4, Design/Builder is only obligated to extend utilities five (5) feet from the structure anticipated by the Project. It shall be owner's sole obligation to provide all utilities (including, but not limited to, gas, electricity, water, sewer and fire line) within five (5) feet of the structure anticipated by the Project, and Owner shall be soley responsible for any cost, fee or expense associated with providing all such utilities. Design/Builder is under no obligation whatsoever to provide utility connections or provide any work or incur any cost or expense whatsoever relating to utilities more than five (5) feet from the structure anticipated by the Project. j i I ~.WI.L1SdLiltitr.iY.•raiax• L.w..rW.Lta.i...~~ - .~.a~.~:~.~-- _ ~i~. ~ l _a. • I~ .4 3861DHY/tcb/05/10/94/ { I~ EXHIBIT A TO ADDEMDUM TO PART 2 Owner, at its sole cost and expense shall fulfill each of the following requests of the City of Bryan, Texas, relating to the Project: 1. Limited site review - exempt from regulations of 25% or less of existing square footage. 2. All weather (gravel base or concrete) drain to middle door for fire department. 3. New Sewer Trap. 4:: Foundation permit required. 01 ~J 4 VON u { iL r 1 F i' f k E k k t P 4 K r F s• I i 3861DHY/tcb/05/10/94/ 10 EXHIBIT B TO ADDENDUM TO PART 2 Design / Builder, at into sole cost and expense shall fulfill each of the following request of the City of Byran, Texas, related to the Project: 1. Provide sufficient information to City to verify that U L rating on ceiling assembly will permit the classification of a "lhour building". 2. Tie into existing Fire Time supply (H20). 3. All Subcontractor to be licensed but General Contractor. 4. HVAC, plumbing - state license plus bond required. 5. Electrical Contractor require local license arrangement, need as soon as possible. 6. Drawing showing proper fire alarm design. 7. Electrical specification / Drawing showing load calculations, analysis. 8. HVAC Drawings with load calculations. 9. Site Plan - showing additional parking expansions. 10. Trap primer on floor drain, under slab water - copper. 11. 60' X 170' pad (from existing building). 12. Modification of plans to show: a. Two #7 top and bottom gray beam. b. Fire Plug and 500' lay of hose. c. Erosion control plan / construction - hay bales. d. Grading Plan - show hay bales on plan. 13. Certificates'of insurance. 1 i ~I . 1 ? i r .f F i w 1 i a; v , • .~`t r L r . - i r r . Y44r'• yf' % w./N .'~1._- • . FUEL MANAGEMENT SYSTEM RFP #94-740 3 1. 4 Dispensers/Hoses Manufacturer Cost Automatic Tank Gauging Manufacturer Cost Fuel Management System Manufacturer Cost Spill/Overfill Cost Cathodic Protection Cost Subtotal II. Removal of USTs Subtotal III. Canopy Subtotal GRAND TOTAL OPTIONS: PIPING REPLACEMENT ELECTRICAL EDCO Bay City, TX FAULKNER Houston, TX UST Houston, TX UNITED PUMP Austin, TX Hearne, GASBOY GASBOY GASBOY 1 08 TOKHEIM 00 628 $13 GILBARCO $10,825.40 INCL INCL 1 . $46,2 . , RED JACKET TETROSONIC III PETROVEND VEEDER-ROOT 0 PETRO 00 975 $4 INCL INCL $9,121.21 $7,025.0 . , PETROVEND K PETROVEND K800 PETROVENDK800 GASBOY 1000 0 PETROVEND SYS 2 00 674 $8 INCL INCL $13,681.76 $8,578.0 . , INCL INCL INCL $14,309.00 $7,354.00 INCL INCL $8,200.00 $7,519.00 $4,755.00 $48,932.67 $69,460.00 $77,211.08 $51,059.00 $36,583.40 $6,314.30 $15,480.00 INCL $9,767.00 $4,880.00 $18,499.95 $27,660.00 $28,911.47 $26,914.00 $22,455.00 $73,746.92 $112,600.00 $106,122.55 $87,740.00 $63,918.40 $6,253.85 INCL INCL $10,572.00 $2,321.50 i I ~.[FiLw~l.li~.~_ YLt~:....Ciwybs4.:m:~ n'1. wa..- .L.FM.s4 Wa.a~u I.r°Y'r "O~~•• r d i i ' LU i ,V E a.,, r r I Ir .J ; d'I 4 ' I I i f . • MARCH 1994 TREASURER'S REPORT . r. • BALANCE AMOUNT IN ACCT BAL FUND NAME FUND BALANCE 02128194 INCOMING INVESTED TEXPOOL INTEREST-MARCH SUBTOTAL DISBURSED FUND 03131194 INVESTED . . 03/31194 06 912 661 10 15 104 96 835 250 GENERAL FUND 17,644,447.50 1,163,265.34 39,372.61 18,847,085.45 2,907,173.39 . 15,939, . , , , . RD.& BDG.GENERAL 2,598,687.14 1,014,969.55 5,343.99 3,619,000.68 257,351.55 3,361,649.13 3,087,197.18 274,451.95 BOONVILLE CEMETAR 5,126.81 0.00 0.00 5,126.81 0.00 5,126.81 0.00 5,126.81 ROAD & BRIDGE #2 708,786.50 4,771.62 2,076.71 715,634.83 0.00 715,634.83 705,232.07 10,402.76 C.O. FUNDS RD.& BDG. DEBT SVC. 1,205,604.09 1,021,054.26 0.00 490,498.83 3,883.02 1,711.81 1 RM,487.11 1,513,264.90 14,043.23 0.00 1.195,443.88 1,513.264.90 1,175,152.61 1,511,520.49 20,291.27 1,744.41 CAPITAL PROJECTS 580,698.09 0.00 1,622.13 582,320.22 14.8M.92 567,483.30 511,805.97 55.ST7.33 STATE LATERAL ROAD 191,080.81 0.00 537.46 191,618.27 0.00 191,618.27 169,578.36 22.039.91 RECORDS MGMNT. 50,925.01 5,248.00 0.00 56,173.01 1,123.05 55,049.96 0.00 55,049.96 LAW LIBRARY 14,093.38 2,687.50 0.00 16,780.88 5,201.30 11,579.58 0.00 11.579.58 CRIME CONTROL 21,980.00 17,309.00 0.00 39,289.00 0.00 39,289.00 0.00 39.1m.00 APPELLATE JUD.SYST. 4,759.18 595.00 0.00 5,354.18 0.00 5,354.18 0.00 5,354.18 HEALTH DEPARTMENT 59,883.04 76,623.84 0.00 136,506.88 79,141.M 57,365.18 0.00 57,365.18 HEALTH & LIFE INS. 615,611.23 149,073.24 1,465.81 766.150.28 146,965.73 619,184.55 462,486.44 156,M. 11 TOTAL 24,722,737.04 2,925,041.92 56,013.541 27,703,792.50 3,425,S36.87 24.277,955.63 22,727,634.22 1 1,55073721741:j . Mj i r d I .i .I I I . 2ND 17TH FY 1994 1 :ASUFIERS FEPOFif ND BALANCE AMOUNT BALANACCT. FUND NAME FUND BALANCE Sii~if93 INCOMING `JVESTEDTEXPOOL IivicncST-2ndgV SUBTOTAL DISBURSED FU 03131194 INVESTED 03131194 06 912 15 939 66 1.10 104 15 835,250.96 GENERAL FUND 14,071,839.54 9.235.949.23 148.467.85 23,456,256.62 7,516,344.56 . , , . . 13 649 361 ? 197. 18 087 3 274,451.95 ' 348 65 697 1 317.12 334 2 24.711.65 4,056,377.42 694.728.29 , . . . , RD.&BDG.GENERAL , . , . , 81 126 5 0.00 5,126.81 BOONVILLECEMETARY 81 939 5 0.00 0.00 5,939.81 813.00 , , . . 83 715 631 232.07 705 10,402.76 ROAD & BRIDGE 12 730,469.26 1,500.00 10,720.00 742,689.26 27,054.43 , . , 443 82 195 1 152.61 175 1 20,291.27 FUNDS C O 97 196 036 1 0.00 17,250.14 1,213,287.11 17,843.23 . , , , , . . . , , 00 0 0.00 0•00 DEBT SERVICE O C 87 306 215 0.00 2.700.05 218.006.92 . . . . , . 00 0 00 0 0.00 DEBT SVC PERM IMPV 23 343 852 0.00 7,726.68 860,069.91 . . . . . . . 1,078,076.83 07 188 t 435 49 511 520 1 1,744.41 RD.& BDG. DEBT SVC. 157,046.83 1,337,115.78 5,697.96 1,499,860.57 1,064,672.50 . , , . , 483 30 567 97 805 511 55,677.33 CAPITAL PROJECTS 339 69 564 0.00 7,612.97 591,952.66 24.469.36 . , , . , . 27 618 191 36 578 169 22.039.91 STATE LATERAL ROAD 136 62 190 0.00 2,522.43 192,659.05 1,040.78 , . . , RECORDS MGMNT. . , 43,144.81 15,650.00 0.00 58,794.81 3,744.85 55,049.96 0.00 55,049.96 11 579 516 00 0 11,579.58 LAW LIBRARY 18,958.38 7,822.50 0.00 26,780.88 15,201.30 , . . CRIME CONTROL 42,609.50 68,858.50 0.00 111.468.00 72,179.00 39,269.00 0.00 39,289.00 APPELLATE JUD.SYST. 10,010.18 7,045.00 0.00 17,055.18 11.701.00 5.354.18 0.00 5.354.18 18 365 57 00 0 57.365.18 HEALTH DEPARTMENT 924.03 250,243.09 0.00 251,167.12 193,801.94 , . . 184 55 44 486 462 698.11 156 HEALTH & LIFE INS. 676,983.66 489,602.16 6.679.36 1,173.465.18 554,280.63 . 619, . , , 63 7 55 634 22 727 22 321.41 1 550 TOTAL 20,493,438.03 13,748,103.38 234,289.09 34,475,830.50 10,197,874.87 ,9 . 24,27 . , , , , NOTE, " Book entry moving invested funds of closed accounts to R & B Debt Service Invested Texpool interest includes November & December interest because it was unavailable last quarter. •1 .....rs, :n 5`w..c.k, ,x•..4..0. _ -.s.w.,r. - - - ..w...w ....,ati. r.....,.a.....-.r.u...o..c.. • - - - - _ - _ _ as • ~ t I I i a t. - r ^M! i . i ~i a~ r L is