ORDER NO. E~'795 RF'F'ROVAL OF CONTRACT WITH HUSER CONSTRUCTION COMF'RNY FOR STORRGE PUILDING RT JRIL SITE RND AUTHORIZATION OF 7HE COUNTY JUllGE TO SIGN On this the c4th day of July 1995 „ upon motion made by Commissioner Oehler, seconded by Commissioner Holekamp, the Court unanimously approved by a vote of 4-0-@, to contract with H~aser Constr^uction Company for a Storage Puilding to be located at the new jail site and ai_~thori.ze the County Judge to sign said contract. COMMISSIONERS' COURT AGENDA RI+JQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY. /`'/ CJ ~ Ol /~ ~// MEETING DATE: ~ 2 ~ 9 OFFICE: ~ ~s-~- b,~. TIME PREFERRED: SUBJECT. (PLEASE BE SPECIFIC) ~~ }rl_5'/ d e.>! ~ f~,Op~`o ~/ +C //7` Z P Dr ~ r _ , A ~ ~4 i ~ ~, ~.~ EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT. Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays 5 00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON' All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. T H. E A M E R I C A N I N S T I 1' 11 T F. O F A R C !1 I T F: 1. 'I' ti AIA Doczlment A/07 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUh1ENT HAS /h1PORTANT LEGAL CONSEQUENCE'S; CUNSULTAT/ON l~'/TH AN ATTORNEY IS ENCOURAGED W/TH RESPECT TO !TS COAIPLET/ON OR ~L70D/FICAT/ON This document includes abbreviated General Conditions :md should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 20th daY of July in die year of Nineteen Hundred and 95 BETWEEN the Owner. Kerr County (Name arul ad+tres'J 700 Main Street Kerrville, TX 78028 and the Contractor: Huser Construction Co. , Inc. (ha„+e a,W addrexs) 819 Water Street Suite #104 Kerrville, TX 78028 The Project is: Kerr County Storage Facility (Name and lrx'apun/ Kerr County, `I~$ The Architect is: N/A (,Name aa+d adr4ess) The Owner and Contractor agree as set forth below Cupariyhl 1496, I )51, 1958, 1901, 190 i, I`)ld+, 19~~r, 19~N P:119N~ b)' "I'hr Amrrir:m InSIiI U[c of Archi0.r[o, I'95 Ncrr }',uR .Avenue, N u'., }C'ashing[on, U C. ?uuUO Itgxoducliun ul the material herein ur substunlial yuowtiun of il.v pnrvi.iuns vrilhom wrinen pennisaiun of thr AIA violates the a,pprighl Idws of tite United ti[a[c+ and will be subject to Iegul pnurauion. AIA DOCUMENTA107•AItHREVIAI'HU OW NE&CON'I'RACTUR AGRIiEMENT•NINTtI EDI'f10N•AIA"' •~~'19N~ Tt1E AMF.RI(:AN INSTITI'TE OF ARCkIITEr'I~, 1'i5 NR}ti' YURA AV6:NI'E, NW., W'ASIIINGIUN, D.C. !INNk+ A107-1987 7 WARNING: Unlicensed photocopying violates U. S. copyright laws end is subject to legal ptoaecution. ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Wurk described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: See attached option #1 ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The dale of commencement is the date from which the Contract Time of Paragraph 2.2 i5 measured, and shall he the date of this Agreement, as first written above, unless a different dale is stated below or provision is made for the date «) be fixed in a notice to pro- ceed issued by the Owner. August 1 , 1995 (lnsen the duh• r J mmmnr~ ~rrnav, rf rt drffen /nrm the Qrdn of fhrs .LKrtc+nnv! or, J u/gdiurWe, slate !teal fln• rWfe mi(I be Jixrd nt a nonce to prcxredJ 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than November 1 , i 995 (Insert the calewdar Burr ur nurnher rf [u4mdur days after the dam uJ annnrcnumunL Also Doer'! un}~ rvyrurrnnnls Jur.wrher Subs4rnnu(Ci~mplrlmn ~ J r er(run pur- nons of [!x lr'ork, rf not sorter! a/seu•ixre o+ lbe Connor! Ocxumen/s.J subject to adjustments of this Con[rac[ Time as provided in [he Contract Documents. (lose+t provisions, r/ qny, for liyuufulyd Qamages relating fu Jnr(ure to mmpte(e on tfmr.) ARTICLE 3 CONTRACT SUM 3.1 The Ow•nrr shall pay ttie Contractor in current funds for the Contractor's performance of the Con[rac[ [he Contract Sum oC Fifty three thousand eight hundred and thirty three Dollar, js 5 3 , 8 3 3 , 0 0 ), subject «) additions and deductions as provided in the Contract Ucxumen[s. AU DOCUMENT A107•ABBREVIATED OWNER CONTRACTOR AGREEMENT•NINTH EDITIUN•AIA°t •1S 19H7 THE AMERICAN IN1TITlTE OF ARC'.HITECT.ti I'15 NEW YORK AVENIIF., NW, WASr11NGTON, DC. ?!X1(1( A107-7987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is subject to legal prosecution. 3.2 The Contract Sum is based uprm the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (Stale the numhen or old.+id+mrJiurrton uJ uu.~plvd Nlrnwles. /Jdecieiorrs on wlx+dlmuUes are hr d• Houle by ftu• Uuv]a'r subs yumrl to the etietuhun f lds.@;rtennvuf, attach a srGwltJe aJ slob ord* alfenuln•s sdm~mg (d' amount Jor erub aml tlx /urc unlit u~bich that amount u slid/ 3.3 [lnit prices, if any, are as follows: ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted k) [he Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shalt make progress payments un account of the Contract Sum w the Contractor as provided below and else- where in [he Contract Documents. The period covered by each Application (or Payment shall be one calendar month enefing un the last day of the month, or as follows: Payments shall be no more often than twice per month, based on an AIA G702 Schedule of values percentage complete, Retainage will be Sg of the Contract price but will not exceed Two thousand Dollars ($2,000,00). 4.2 Payments due and unpaid under [he Cr>ntntu shall bear intcrut Chan flte date payment is Jue at the rate stated below, ur in the absence thereof, at the legal rate precniling from time to time at the place where the Pn>~ect is lac ated. (/rani mlr f u+4aril u,~nx•J u/mn. +J ant' / (U.i nJau.a u/ / n' r to uru4~r thrA lrr'ul lrulb ru/. b A'1Y ri(ur.(ah amlhxd rcu tvcn llll nr unA ad rAJ «urrs Ufl the u•r'cand Cunhai lots (rnnu(rcUplrxa. rJ btanres,Urc•Lnubuu,ff/n•Yrcyrrl ouA+Ca mbr rc mop a/J.x(ldvrJuhq' ylbc. /rnn fsf tC«JUduu .t,r/l /x uhhl rd lrlf/r'./ael In r4d,•ttua. or m«ltJi.ehuru. oral d6u n~;urrfing nyanr mrnre .ud, a. avaNpn Ji.don+ns ur arm reo' ) AIA DOCUMENTA107•ARRREV1ATeU UtY'NF.R~CONTRACTOR AGREF,MP.NT•NIN'I'tI EUITIUN •AIAe •~~%19M~ 7HE A~IFkICAN INSTITnTE OP ARCIIrrECTS, 7'35 NBW YORK AVfNOE, N W., WASHINGTON, U.C. 2nluKr A1OT19B7 3 WARNING: Unlicen<. ahalocopying violates U. S. copyright laws and Is subject to legal prosecution. ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contracwr whrn the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. Aann e c ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed Abbreviated Porm of Agreement Between Owner and Contractor, AIA Document A107, 1)87 Edition. 6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages To be prepared by the Contractor 6.1.3. The Spec cations are those contained in the Project Manual dated as in Subpazagraph 6.1.2, and are as follows: (Either !ut the SpeclJiegtions bne or refer to an exhibit anacheJ fu this Agr~rnumf.J Section Title Pages To be prepared by the Contractor AM DOCUIIEM A107•A08REVIATED UWNHR-CUNTRACTORAGREEMENT•NINTH F,DITION•AU® •C~19N7 THE AMERICAN INSTITUTE OF ARCHITECTS, I'35 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 A1O7-1987 4 WARNING: Unllunsetl ptwtocopying vloletea U.S. oopyrlOM Wis antl le aubiact to legal proceoutlon. 6.1.4 The Drawings are as follows, and are dated (E'ilM+lisf fbe Chummgs here or n/i+ fu un exlnbif urtac/x•d m leis AHrnwu+ff.J Number 7'1Ue To be prepared by the Contractor 8.1.5 The Addenda, if any, are as follows: Number N/A Date unless a different date is shown below: Date Pages Por[ions of Addenda rela[ing [o bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article G. 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (La1 any addmonu! rkxumrnb u~hieA pre inferuted fu Juror port rf fbe GinfrmflXxunum4sJ N/A AU OVCUMENTA107•AHHREVIATEIH)W NEA CUNI'kACT(IR AGRBEMENT•NIN771 EUIllON•AIA°4 •ki19H' THE AM F.RICAN INSTI9'UTE OF ARCHITECTti, I~jS NEW YORK AVENUE, N.W, WASHINGTON, D. C. 21NnHi A107-1967 5 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is subject to legal pmsecutlon. GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplemenhtry and other Conditions), Urawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Conuact Documents is [o include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- ing as if required by all; performance by the Contractor shall be required only to [he extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shall not be constmed to create a contnetual relationship of any kind (I) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under which the Wurk is to be performed. 7.4 The tens "Work" means the constmction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided oc to be provided by the Contractor to fulfill [he Contractor's obligations. The Work may constitute [he whole or a part of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, [he Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the constmction, use or occupancy of permanent stmctures or permanent changes in existing facilities. 8.3 If the Contractor fails to correct Wurk which is not in accordance with the requirements of [he Contract Documents or persistently fails [o carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop [he Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop [he Work shall not give rise to a duty on the pan of the Owner to exercise [his right fur the benefit of [he Contractor or any other person or entity. ARTICLE 8 CONTRACTOR 9.1 The Contractor shall supervise and dime[ the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over constmction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 8.2 Unless otherwise provided in the Con[rac[ Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transponation, and ocher facilities and services necessary foe the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incogtonted in [he Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in [asks assigned to them. 8.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise reyuired or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming «I these require- ments, including subs[i[wions not properly approved and authorized, may be considered defective. The Contractor's wazranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operatloq ur nornul wear and tear under normal usage. If reyuired by the Architect, the Contractor shall punish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Iktcuments, [he Contractor shall pay sales, consumer, use, and other similar taxes which ace legally enacted when bids are received or nego- tiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices reyuired by laws, ordinances, roles, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contracon to be at variance therewith. 9.7 The Contractor shrill be responsible « I the Owner for the acts and omissions of the Contractor's employees, Subcontrac- tors and their agents and employees, and other persons per- fotming portions of the Work under a contract with the Contractor. AU DOCUMENT AtO7•ABHHEVIATF.D OWNER~CONTRACTOR AGREF.MENT•NINTH RDITION•AIA® •©[9H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'/i5 NEW YORK AVENUE, N W., WASHINGTON, D C. 2IXH16 A107-1987 6 WAPNING: Unlicenaetl photocopying vloletea U.S. copyright laws antl la subject to legal proeecutlon. 8.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submitWs reyuired by the Con[mct Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- formance criteria of materials, systems or eyuipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 8.8 The Comrac[ur shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. A[ completion of the Work [he Contracror shall «move from and about the Pcojec[ waste materials, mbbish, the Contractor's «ruls, constmetion equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to [he Wurk in preparation and progress wherever located. 8.11 The Contractor shall pay all royalties and license fees; shall defend suits or clavns for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufac- turer or manufactu«rs is reyuired by the Contract Documents unless the Contractor has reason to believe that there is an infringement of paten[. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of qtly of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use «sulting therefrom, but only to the extent caused in whole ur in par[ by negligent acts ur omissions of the Con[mcnlr, a Subcontrx«x, anyone directly ur indirectly employed by them ur anyone fur whose acts [hey may be liable, regardless of whether or not such claim, damage, Ions or expense is caused in part by a party indemnified hereunder Such obligation shall not be cons[med to negate, abridge, or reduce other rights or obligations of idemnity which would otherwise exist as to a party or person described in [his Paragraph ).12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9.12 by an employee of the Contractor, a Subcontractor, anyone directly ur indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under [his Paragraph 9.12 shall no[ be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contracto[ or a Subcontractor under workers' or workmen's compensation acts, disahility benefit acts or other employee• benefit acts. 9.12.2 The obligations of the Qm[rac[or under this Paragraph 9.I2 shall no[ extend « ~ [he liability of [he Architect, [hr Archi- tect's consultants, and agents and employees u[ any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, constmetion Change Directives, designs or specifications, or (2) the giving of or the failure « ~ glue directions ur instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or d:unage. ARTICLE 10 ADMINISTRATION OF THE CONTRACT 10.1 The Architect will provide administration of the Contract and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concur- rence, from time to time during the correction period described in Paragraph 1B.1 10.2 The Architect will visit the site at intervals appropriate « ~ the stage of construction to become generally familiar with the progress and quality of [he completed Work and to determine in general it the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with [he Contract Documents. However, the Architect will not be required w make exhaustive or continuous on-site inspections to check quality or quantity of the Wurk. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Wurk. 10.3 The Architect will no[ have control over ur charge of and will not br responsible for construction means, methods, tech- niques, sequences or procedures, ur for safety precautions and programs in connection with the Work, since [here are solely the Contractor's responsibility as provided in Paragraphs 9.1 and 1 G.I. The Architect will not be responsible fur the Contrac- tor's failure «r carry out the Work in accordance with [hc Con- tract Documents. 10.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certi(}' [he amounts due the Cuntrac« x and will issue Certificates fur Payment in such amounts. 10.5 The Architect will interpret and decide matters arncern- ing performance under and requirements of the Contract Docu- ments on written request of either the Owner or Contractor The Architect will make initial decisions nn all claims, disputes or other matters in question between the Owner and Cuntrac- urr, but will no[ be liable fur results of arty interpretations or decisions rendered In good Caith. The Architc~~t's decisions in maners relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. All other deci- sions of the Architect, except those which have been waived by making ur acceptance of final payment, shall be subject to arbitration upon the written demand of either party. 10.6 The Architect will have authority to reject Work which dues not conform «~ the Contract Documents. 10.7 The Architect will review and approve or take other appropriate action upon the Contrac'tor's submittals such as Shop Drawings, Product Data and Samples, but only fur the limited purpose of checking for conformance with infonna[ion given and [he design concept expressed in the Contract Documents. 10.8 All claims or disputes between the Cun[rucux and the Owner arising out or relating to the Contract, ur the breach [hereof, shall he decided by arbitration in accordance with the Cuns[ructiun Indusay Arbitration Rules u( the American Ad>i- [ra[iun Association currently in e[fect unless the parties nuau- ally ag«c otherwise and subject to an inid:il prescnmtiun of the claim or dispute «r the Architect as «yuirrd under Paragraph 10.5- Nuticc of the demand fnr arbitration sh:Jl he filed in writ- ing with the other party nr [his Agreement and with [he Atncri- cm Arbitration Association and shall be made within a reason- able time after [he dispute h:ls arisen. The :Huard rendered by AIA DOCUMENT A707•A[ihREVIATED V`%'NER~CONI'RACrVR AGREFA1FNl'•NINI'H EUITIUN•AIA°' •(~1')H7 7 A107-1987 1'HE AMERICAN INSTITUTE OP ARCIi I"rE.CTS, I~iS NEW YORK AYENIIE, N.W', ~t'dSHI NIfI ON, P C HNIW WARNING: Unlicensetl photocopying violates U. S. copyright laws antl is subject to legal prosecution. the arbitrator or arbitrators shall he final, and judgment may he entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to [he Contract Documents shall include, by con- solidation, joinder or in any other manner, any person oc entity not a pony to the Agreement under which such arbitration arises, unless i[ is shown a[ the time the demand for arbitration is filed [hat (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such per- son or entity is reyuired if complete relief Is [a be accorded in the arbitration, (3) the interest or responsibility of such person ur entity in the matter is nu[ insubs[anti:Q and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among [he ponies to the Agreement and any other written agreement [o arbitrate referred m herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a perwn or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to [he Owner through the Architect the names of [he Subcontractors foe each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and tuncly objection. The Contractor shall nut be reyuired ro contract with anyone «~ whom [he Cuntrac[ur has made reasonable objection. Can- trac[s between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work «~ he performed by [he Subcontractor, nr he bound « ~ the Qmtrac- tor by the terms of the Contract Documents, and w assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, aswmes toward the Owner and Architect, and (2) allow to [he Sub[xm- tractor the benefit of all rights, remedies and redress afforded [o the Contractor by [here Contract Documents. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reser•es the right w perform amswctian or uperatiota related « ~ the Project with the Owner's own facers, and to award separate contracts in conncctiun with other por- tions of the Project or other construction or operations onthe site under conditions of the contract identical or subs[antlally similar «> lhr_se, including [hose puniuns related «i insurance and a-aicer uC subrogation If [he Contractor claims [hat delay or additiun:tl case is inculved because of such action by the Owner, [he Contractor shall make such claim :rs provided else- where in the Cunvact Uuaunents. 12.2 The Contractor shall afford [hc Ow•ner and separate con- [rac[ors reasonable upporruni[y for the introduction and s«Ir- age of their materials and equipment and performance of their activities, and shall connect and axlydina[c the Contmctur's construction and operations with theirs as reyuired h}~ the Cun tract Documents. 12.3 Costs caused by delays, improperly timed activities or defective constmction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modi- fications, the Contract Sum and Conttact Time being adjusted accordingly. Such changes in the Work shall he authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in [he Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the C~n- tractor confirms that the Contract Time is a reasonable period for performing the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15.3. 14.3 If [hr Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather c~ndi- tions not reasonably anticipa[able, unavoidable c:tsuul[ies or any causes beyond the Contruc«s's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall he extended by Ch:mge Order for such rea- sonable time as the Architect may determine. ARTICLE 15 PAYMENTS AND COMPLETION 16.1 Payments shall be made as provided in Articles 4 and 5 of [his Agreement. 15.2 Payments may be withheld un account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of [he Contractor to make payments properly «7 Suha7ntrvc- turs or fur labor, materials or eyuipment. (d) reasonable evi- dence [hat the Work cannot be completed fur the unpaid bal- ance of the Contract Sum, (5) damage to the Owner ur another contractor, (b) reawnable evidence that [he Wurk will nu[ he completed within the Contrac[ Time and that the unpaid baI- :mec wuulef no[ br adeyu:ne rte cover actual ur Iiyuid:Urd J:mt- ages for the anticipated delay, or (?) persistent failure ro carry out the Wurk in accord:mec with the Contract Documents. 15.3 Whcn [he Architect agrees that the Work is subsum[i:Uly complete, [hr Archuea will issue a Ccrtific'a[r u( Substantial Completion. 15.4 Final payment shall nut bec'ume due until [he Contracn[r has dehacred [o the Owner a complete release ufall liens arising out of this Contract or receipts in full covering all labor, mate- rials and eyuipnunt for which a lien could be filed, or a bond satisfactory to the Owner w indenmifj' [be Owner against such Au4 u4A.uNttltAIUI•AIiRRRV1.4TFD U4C'N'ER~.ON"rR.4C'1 UR ACRFENF.NT•NIN1'M LUITIUN•AIA® •Cc_~19R] TnR AMf RICAN INS71Tl'"rE OF ARQIITECTS, 1'55 NGU' YORK AV ENI'F', NW, W'Atit11NC7ON, U.C. 2Wn(i A107-1987 8 WARNING: Unlicensed photocopying violates U. S. copyright laws antl is subject to legal prosecution. lien. If such lien remains unsatisfied after payments arc made, the Contractor shall refund to the Owner all money that [he Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payment shall constitute a waiver of claims by the Owner except [hose arising from: .1 liens, claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. Acceptance of final payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of clavns by that payee except those previously made in writing and identi- fied by that payee as unse¢led at the time of fmal Application for Payment. ARTICLE 16 PROTECTION OP PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, main- taining, and supervising all safery precautions and programs in connection with the performance of [he Contract. The Con- tractor shall take reasonable precautions for sakty of, and shat provide reasonable protection to prevent damage, injury or loss to: .1 employers on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incor- porated therein; and .3 other pcopeny at the site or adjacent [hereto. The Contractor shall give notices and comply with applicable laws, ordinances, roles, regulations and lawful orders of public authodties bearing on safety of persons and property and [heir protection from damage, injury or loss. The Con[rxcwr shall promptly remedy damage and loss to property at the site caused in whole or in par[ by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contracror is responsible under Subpara- graphs 16.1.2 and 16.1 3, except for damage ur loss attributable to acts or omissions of the Owner or Architect ur by anyone fur whose acts either of them may be liable, and not attributable to the fault ur negligence of the Contracror. The foregoing obliga- tions of the Contractor are in addition to [he Contractor's ohli- gations under Paragraph 9.12. 16.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized «{ du business in the jurisdiction in which the, Projee[ is located insurance for protection from claims under workers' or workmen's compen- sation acts and other employer benefit acts which are applic- able, claims for damages because of bodily injury, including death, and from claims fur damages, other than to the Work itself, to prupeny which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor ut any- one directly or indirectly employed by any of them. This insur- ance shall be written for not less than limits oC liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insur- ance applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work. 17.2 The Owner shall be « sprmsible for purchasing and main- taining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protcetion against claims which may arise from operations under the Contract The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance upon the entire Work at the site w the full insurable value thereof. This insurance shall be on an all- risk policy form and shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in [he Work and shrill insure against the perils of fire and extended coverage and physical loss or damage including, without dupli- cation of coverage, theft, vandalism and malicious mischief. 17.4 A loss insured under Owner's property insurance shall be adjusted with [he Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall file a copy of each policy with the Con- tractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be cancelled ur allowed to expire until at leas[ 30 drys' prior written notim has been given to the Contractor. 17.6 The Owner and Contracror waive all rights against each other and the Architect, Architect's consultants, separate con- tractors described in Article 12, if any, and any of their subam- tractors, sub-subcontractors, agents and employees, for dam ages caused by fire or other perils w the extent covered by property insurance obtained pursuant to this Article 17 ur any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance heW by the Owner as fiduciary. The Contractor shall require similar waivers in favor of the Owner and the Cuntrac«Ir by Subam- tractors and Sub subcontractors. The Owner shall require Simi- lar waivers in favor of the Owner and Contractor by dte Archi- tect, Architect's consultants, separate contractors described in Article 12, if any, and the subconvacwrs, sub-subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 Thr Contractor shall promptly correct Wnrk «jec«d by the Architect or failing ro conform w the requirements of dlc Contract Documents, whether obscrced before or after Sub- s[an[ial Completion and whether or no[ @tbricated, installed or completed, and shall correct any Work found ro be not in accordance with the requirements of the Contract Documents within a period of unr year from [hr date of Subst:mti;il Com AU DOCUMENTA107•AHHkEVIAI'F:D OW NEk CONTRAC'I'Uk AGkEEMENT'•NINTN IiUII'IUN•AIA°' •i<~IOH7 9 A1U7-1987 THE AMEkICAN INtilll'U'rE UP AkCI{Il'0(:'Iti, 1755 NEW YUKK AV ENIiE, NW', WA1111NVEUN, U.l 111111x1 WARNING: Unlicensed photocopying violates U.S. copydghl taws and is auhject to legal prosecution. plrtion of the Contract or by [eons of an applicable special war- ranty required by the Contract Documents. The provisions of this Article 1H apply to Work done by Subconaactors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 1H shall be construed «~ establish a period of limitation with respec[ [o other obligations which the Contractor nigh[ have under the Contract Docu- ments. Establishment of the time period of one year as described in Paragraph IH.I relates only «, the specific obliga- tion of the Contractor to correct the Work, and has no relation- ship [u the time within which the obligation «I comply with the Contract Documents may be sought «I be enforced, nor to the time within which proceedings may br commenced to estab lish the Cuntrac«x's liability with respec'[ [o the Contractor's obligations other than specifically «) correct [he Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Cim[ract shall he governed by the law of [he place where the Project is located. 19.2 As between [he Owner and the Contractor, any appli cable statute of limitations shall commener to run and any alleged cause of action shall be deemed to have accrued. .1 not later than the date of Substantial Completion for acts or failures to ac[ occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certifi- cate fur Payment for acts o[ failures to act occurring subscyunv to the mlevant date of Suhstamial Com- ple[ion and prior [o issuance of the final Certific-u[c for Papmrnr, and .3 nu[ later than the date of the relevant act ur failure to act by the Contrac«tr Cor acts or falures to act occur ring after the dale of the tin;il Certificate for Payment. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails nl recommend payment for a period of i0 [lays through nu fault of the Contractor, or if [he Owner fails u) make payment thereon for a peritxl of i0 days, the Cun- trac«x may, upon seven additional d:q'~ written notice to the Owner and the Atrhi[ec[, [erntinatc the CUnIrJCt and recover Inun the Ua~ner payment for Wurk executed and for proven loss with respect «> materials, equipment, [exits, and antstmo- lion cyuipmcm and machinery, including rcaumable overhead, pnNit and damages applicable «> the Project. 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails «~ perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice « ~ any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's optlon, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Con[rac[ Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the differenm to [he Uwnrr. AU DOCUMENT AIOT•A«ONF.VIAiED OV:'NF.RI,UNTNAt.TUR AGNEF:MENI'•NINTH EDI'1'IUN•AIA° •(~I)N7 THE AMERICAN INS77TUTF, OF ANCHITECTI, 1'i5 NEW YORK AV F.NUH, N.W., W'ASHINGTUN, DC. 20(NK A107-1987 10 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is aubleet to legal proseeutlon. ARTICLE 21 OTHER CONDITIONS OR PROVISIONS This Agreement entered into as of the day and year first written above. CONTRACTOR (:Agnahve) lPrinfec! Horne rn+d !i((cl ,:~~~ Ci~iJTIJi~: You snv;:iu ai~,t ar. onuinal HiA document wnich has this cautiw~ printed in red. An Ouy~nni aosW e5 t.,a; c,n~n,es wed not he uu:,cured as may occur when documents sre reproduced. AIA DOCUMENT A701•AIfnRF.A'IAlFD 0~1'NFR CONTRACTOR AGFtf3ENF3(;T•NIN'I'll lSUnION~AIA°p ~~~+19N' 11 A1U7-1987 1'HF. ANF.RICAN INtiTITVTE OF ARCHITFCTti, i'i5 NB~G' YORK Av'PNCL:, NBC', IX'AtitIINCT(1N, nC _'INU1G WARNING: Unlicensetl photocopying violates U. S. copyright laws antl Is subject to Iegal prosecution. 593 p~rnueu ruln+e wsr nn[y KERR COUNTY STORAGE FACILITY PROPOSAL July 7, 1995 Option 1 We propose to complete the fiual drawings and to construct a 40'x 81' metal building behind the new jail facility in Kerr County. We propose to excavate 6" of existing topsoil and fill 12" of compacted backfill. The pad will be 90'x 50'. We propose to furnish a concrete slab with standard 2' grade beams and reinforcing bars. The form would be 6" above the pad with the grade beams extending down 1'-6". We will have a 16'x 10' deep drilled footing at each column location. The metal building will have 2 commercial garage doors and 2 walk doors. The building structure will be apre-engineered metal building with metal siding. The lighting will be attached to the perlins. We have anticipated that power will be provided from the jail by others. We have htcluded two duplex receptacles iu the building for service operations. The garage doors and walk doors will be factory white and will not be repainted. We have not included any other pahrting or finishes. We have not included any sidewalks or driveways. We propose to complete the structure in 90 calendar days from release. Total Lump Sum Bid Including Bonds: $53,833.00 Option 2 We propose to construct the above structure and invoice the County in increments under $25,000.00 to eliminate the need for payment & performance bonding. Total Lump Sum Bid Without Bonds: $52,105.00 Option 3 We propose to act as project manager on the above project. The county would pay all of the bills directly. We would complete the drawings and supervise the work. Total fee for project management: $6,000.00 Sincerely, Stephen T. Huser ' ACORD ~ERTIFt~AT- .IBII~I ~3F 1 TY INSU~iAhuE DATE (MM/DD/YY) .I. . _. -Pdoolicen ~~~~~~~~~ ~ ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Garrett IriSUrariCe A eric J Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 819 Water Street, S. 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P . O . BOX 14 25 COMPANIES AFFORDING COVERAGE _ Kerrville, TX 78029-1425 COMPANY A AUSTIN SURPLUS LINES SCOTTSDSALE INSURED COMPANY Huser Construction Co., Inc. B T. W. C. I. F. P. O. BOX 76S COMPANY Kerrville, TX 78029-0765 ~ COMPANY D CQVERAG>~S ': THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFO RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIMTION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/VY) GEN ERAL LIABILITY GENERAL AGGREGATE S lOOOO OO C X COMMERCIALGENEPALLIABIUTV CLS259637 03/07/95 03/07/96 PRODUCTS-COMP/OPAGG $ SOOOOO CLAIMS MADE uOCCUfl PERSONALBADV INJURY $ SOOOOO OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ S O O O O O FIRE DAMAGE (Any one fire) $ SOOOO MED EXP (Any one person) a EXCLUD AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANV AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accitlen[) PROPERTY DAMAGE $ GAR AGE LIABILITY AUTO ONLY-FA ACCIDENT $ ANV AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXC ESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- OTH X TORY LIMITS ER B EMPLOYERS'LIABILITV TSF130848-00 04/05/95 04/05/96 EL EACHACCiDENT $ 100000 THE PROPRIETOR/ INCL EL DISEASE -POLICY LIMIT $ S O O O O O PARTNERS/IXECUTIVE OFFICERS ARE: X EXCL EL DISF1fSE - EA EMPLOYEE $ 1 O O O O O OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS KERR COUNTY, TEXAS GER'f11=1CAT~ HOLDER C4NCELiATa~M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES GE CANCELLED BEFORE THE EXPIMTION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL KERR COUNTY ~~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KERR CO . STORAGE FACILITY BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 700 MAIN STREET OF ANV KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. KERRVILLE, TX 78028 AU ED P~IESENTATIVE / I ~~~ ~~.: ACt3FiD ~S~S Zf/1 yet ACQfi~ ~URPZ'iRA71©M 19Btl;; T H •E A M E R I C A I N S T I T U T E F A R C H I T E C T S ~a.,'0~4~'"°~~."..,; A9 ILL I~~r, _[1?PULY AIA Document AI o? Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basal of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contracu~rs of America. AGREEMENT made as of the 20th Nineteen Hundred and 95 day of BETWEEN the Owner: Kerr County (Po'ame and address) 700 Main Street Kerrville, TX 78028 and the Contractor: Huser Construction Co. , Inc. (Name and address) $19 Mater Street Suite i{Z~Q Kerrville, TX 78028 The ProjecT is: Kerr County Storage Facility lNarne and loca[trni) Kerr COUnty, SPX The Architect is: N/A (Ncnne and address) The Owner and Contractor agree as set forth below. July in the year of Copyright 1936, 1951, I95R, 1Vtil, 19113, 1966, 19~ti, 19~R, ~ rt98~ by The American Institute of Architects, 1~~5 Nrw York Avenue, N.W., Washington, U C. 20000. Reptodactinn of the material hetdn or subs[annal quotation of 1~ provisions rvithom written permission of the AIA violates the copyright laws of fie [mired S[ares and will be subject to legal proseen[ion. AIA DOCUMENT A107•AHBRF.VIATEP OWNER CONTRACTOR A6REEMENT•NINTH F.DITION•AU1'~' •L<~IVR~ THR AMP,RIGAN INSTITUTE OF ARCHITECTS, his NEW YORK AVENU$ N.W., WASIIWGTON, U.C. 2llu[i6 A107-1987 1 WARNING: Unlicensetl photocopying violates U.S, copyright laws and is subject to legal prosecution. ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: See attached option #1 ARTKX.E 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Tune of Paragraph 2.2 is measured, and shall be the date of [his Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice w pro- ceed issued by the Owner. August 1 , 1995 (insert rim rLt[e of n~mmencemen( [/ ii differs Jmm tlx date ,f fhu Agreenunf ur, f gppl[rable state Cwt the date wilt be fixed in a notice to proceedl 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than November 1 , 1995 /Iruert the calendar date or number of ta[mvdar days after the date of urmmencenumf. Atso buerf nny requirements for ear([er Substnnf/al Cnmpletton of certa(v por- tions of the Work, iJ'not stateA elsewhere In the Gunlracf DuauneMS_) subject to adjustments of this Contract Time as provided m the Contract Documents. (Insert pnm[sians, 1(an}t Jor (lquidated damages relufinR fo failure to complete nn t(me.) ARTICLE 3 CONTRACT SUM 3.1 The Owner shalt pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifty three thousand eight hundred and thirty three Douars (~ 5 3 , 8 3 3 . 0 0 ), subject to additions and deductions as provided in the Contract Documents. AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTFi EDITION•A[A`9 •r7I9R7 THE AMERICAN INSTITUTE. OF ARCHITECTS, 1715 NEW YORK AVENUE, N W, WASHINGTON, D.C. 20006 A707-1987 2 WARNINQ: Unlicensed photocopying violates U.S. copyright laws antl Is subled to legal prosecution. 3.2 The Contract Sum is based upon the following alternates, if any, which aze described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other iderdifitation of accepteda/ternates. [f decisions on ntberWtemrttes are to be mode aY tlx (hemer subsequent to the execution oJthts Agrecmtent, attach a schedWe of swab other Wtenuttes slxtming the amount Jnr each atW the dote until which that anount is valid / 3.3 Unit prices, if any, are as follows: ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted ro the Architect by the Contractor and Certificates for Paymen[ issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and else where in the Contract Documents. The period covered by rach Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Payments shall be no more often than twice per month, based on an AIA G702 Schedule of values percentage complete. Retainage will be 5~ of the Contract price but will not exceed Two thousand Dollars ($2,000.00). 4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the ra[e stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (beer! rate of interest agreed upon, if nny-) (Usury Imas and regwremert(s u>uter [be Federrd Yruth in LendMg Act, simikrrsfate mul!nrbrre may uJfixt (lx'twitdlly o/tba/troruhm /e'kalrulri,rsbuulU lx~uhlrttued u5th rrcpee!(u dr/ennru ur m+xbJicatioru, oral u[so regarding rrt/tnremrwn suN~ ua uriffen rhsdustrrrs ar nu+vrn) AIA DOCUMENT A707•ABOREVIATED OWNERLONTRACTUR AGREEMENT•NINTH EDITION•AIA'n •~~~IY87 THE AMERICAN INSTITUTE OF ARCHITF.CTti, I~iS NF.W YORK AVENHF., N.W., ~C'AtiHINGTON, D.C. N1UIKi A107-1987 3 WARNING: Unllcensetl photocopying violates U.S. copyright laws entl is sugen to legal pmsecutlon. ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a fmal Certificate for Payment has been issued by the Architect. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed m Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is [his executed Abbreviated Form of Agreement Between Owner and Contracror, AIA Document A107, 1987 Edition. 6.1.2 The Supplementary and other Conditions of the Contract aze those contained in the Project Manual dated and are as follows: Document Title Pages To be prepared by the Contractor 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows: (Eifber list the Specificanons berg or refer to an exhibil affacbed fo this Agreement.) Section Title Pages To be prepared by the Contractor AIA OOCUMENTA707•AOEREVIATEDOWNER-CONTRACTORAGREEMENT•NINTH EDITION•AIA® •©19H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 135 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20oW A107-1987 4 WApNING: UMkefined photoeopying vlolatse U.S. eopyrlgM laws and Ie subject to Ngal pmaeeutlon. 6.1.4 The Drawings are as follows, and are da[ed (Either list Lbe Lhawirsgs here or refer Lu an exhibit utfacbed to this Agreement ) N~ber Title To be prepared by the Contractor 6.1.5 The Addenda, if any, are as follows: Nnmber N/A Date unless a different date is shown below: Date Pages Portions of Addenda relating to bidding requirements are not part of [he Contract Dtcuments unless the bidding requirements are also enumerated in this Article 6. B.1.6 Other documents, if any, forming part of the Contract Documents are as follows: Qist any ruklifrwud dwumemn u~hah are inteneted m Jurm yart o/ the Contract Rxunuwn.) N/A AIA DOCUMENT A107•AHgREVIATEDOWNER CUN'fRACTUR AGREEMENT•NINTII EDITION•AIA•' •1c 19H] THE AMF.ftICAN INtiTITUTE OF ARCIIITECTI, 135 NEW YORK AVENUE, N W., WA5I IINGTON, D.C. HNIIK A107-1987 5 WARNING: Unllcenaetl photocotrying vloletes U.3. copyright Iowa antl Ia sutryect to legal pmaecutlon. GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in [his Agreement and Modifications issued after execution of this Agreement. The intent of [he Contract Documents is to include all items necessary for the proper execution and completion of [he Work by the Contractor. The Contract Documents aze complementary, and what is required by one shall be as bind- ing as if required by all; performance by [he Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shrill not be constmed ro create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited [he site and become famil- iar with the local conditions under which the Work is to be performed. 7.4 The term "Work" means the constmction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under [he Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and chazges required for the constmction, use or occupancy of permanent stmctures or permanent changes in existing facilities. 8.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall nut give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 9.1 The Contractor shall supervise and direct the Work, using the Contractor's list skill and attention. The Contractor shall be solely responsible for and have control over constmction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instmctions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's wazranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operatioq or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or nego- tiations concluded, whether or no[ yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shalt promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to he at vaziance therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontrac- tors and their agents and employees, and other persons per- forming portions of the Work under a contract with the Contractor. AUI DOCUMENT A107•ABBREVIA'I'F.DOWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •~I9R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 135 NEW YORK AVENUE, N.W, WASHINGTON, U.C. 200W A107-1987 6 WARNING: Unllcenaetl photowpying vloletes U.S. colryrlgbt laws antl la subject to bgel pmaecutlon. 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- formancecriteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, mbbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to [he Work in preparation and progress wherever located. 9.11 The Contractor shall pay all royalties and limnse fees; shall defend suits or claRns for infringement of patent rights and shall hold the Owner harmless from loss on account [hereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufac- turer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of paten[. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contracor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of idemnlty which would otherwise exist as ro a party or person described in this Paragraph 9.12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9.12 by an employee of the Contractor, a Subconnactor, attyune directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 9 12 shall not be limited by a limitation on amount or type of damages, compensation ur benefits payable by ur for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 9.12.2 The obligations of [he Cuntracror under this Paragraph y.12 shall not extend to the liability of the Architect, the Archi [cot's consultants, and agents and employees of any of them azising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specifications, or (Z) the giving Of or the Failure to give directions or ins[tvctions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury ur damage. ARTICLE 10 ADMINISTRATION OF THE CONTRACT 10.1 The Architect will provide administration of the Contract and will be the Owner's representative (1) during constmction, (Z) until final payment is due and (3) with the Owner's wncur- rence, from time to time during the correction period described in Paragraph 18.1 10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicao- ing that the Wurk, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 10.3 The Architect will not have control over or charge of and will not he responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contrac«x's responsibility as provided in Paragraphs 9 1 and 1C.1. The Architect will not be responsible for the Contrac- tor's failure to carry out the Wurk in accordance with [he Con- tract Documents. 10.4 IIascd on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect wW review and certify [he amounts due the Contractor and wlll issue Certificates for Payment in such amounts. 10.5 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract D~cu- ments on written request of either [he Owner or Contractor. The Architect will make initial decisions nn all claims, disputes ur other manors in question between the Owner and Cuntrac tor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Architect s decisions in matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. All other deci- sions of the Architect, except those which have been waived by making ur acceptance of final payment, shall be subject w arbitration upon the written demand of either party. 10.6 The Architect will have authority to reject Work which does nut conform «~ the Cuntrac[ Documents. 10.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 10.8 All claims or disputes between the Cuntracror and the Owner arising out ur relating «) [he Cuntrac[, or [he breach thereof, shall be decided by azbitration in accordance with the Construction Industry Arbitration Rules of the American Arbi- tration Association currently in effect unless [he parties mutu- ally agree otherwise and subject to an initial presentation of the claim or dispute to [he Archirec[ as required under Paragraph 10.5 Notice of the demand for arbinatiun shall be filed in writ- ing with the other party to this Agreement and with the Ameri can Arbitration Association and shall be made within a reasun- ablc time after the dispute h;ts arisen. The award rendered by AIA[HICUMENTAIO~•ARRREVIATED UW NER-CUNTRACTUR AS:REEMF.NT•NINTH EDITIUN•AIA°~ •~)1)H7 7 A1O7-1987 PHE AMERICAN INSTITUTE OF ARCHITECTJ. I'i5 NP.W YORK AV F.NUE, N.W., WAtiHINGTON, D C 2U1N16 WARNING: Unlicensetl photocopying violates U.S. copyright laws and is subject to legal prosecution. the azbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by con- solidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such azbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such per- son or entity is required if complete retie( is « 1 be accorded in the arbitration, (3) the interest ur responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of [he Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall no[ be required to contract with anyone to whom the Contractor has made reasonable objection. Con- tracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to [he extent of the Work to be performed by the Subcontractor, to he bound to the Contrac- tor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to [hr Subcon- tractor the benefit of all rights, remedies and redress afforded [o the Contractor by these Contract Documents. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right «~ perform construction or operations rotated to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other constmction or operations oathe site under conditions of the contract identical or substantially similar «~ these, including those portions related to insurance and waiver of suhrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided else- where in [he Contract Documents. 12.2 The Contractor shall afford [he Owner and separate con- tractors reasonable opportunity for the introduction and stor- age of their materials and equipment and performance of their activities, and shall connect and coordinate the Gun[ractor's construction and operations with theirs as requited by the Con- tract Documents. 12.3 Costs caused by delays, improperly tuned activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modi- fications, the Contract Sum and Contract Time being adjusted accordingly- Such changes in [he Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Constmction Change Directive signed by the Owner and Architect. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Tune limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement [he Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15 3. 14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Wurk, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather condi [ions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contrac['fime shall be extended by Change Order for such rea- sonable time as the Architect may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Articles ti and 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subeontrac- tors or fi[r labor, materials or equipment, (4) reasonable evi- dence that the Work cannot be completed for the unpaid bal ante of [he Contract Sum, (5) danlage to the Owner or another eon[ractor, (6) reasonable evidence that the Work will not he completed within the Contract Time and that the unpaid bal- ance would not be adequate « ~ cover actual ur liquidated dam- ages for the anticipated delay, or (?) persistent failure to carry out the Work in accordance with [he Contract Documents. 15.3 When [he Architect agrees [hat [he Work is substantially complete, the Architect will issue a Certificate of Substantial Completion. 15.4 Final payment shall not become due until the Conuactor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, mate- rials and equipment for which a lien could be filed, or a bond satisfactory to [he Owner to indemnify the Owner against such AIA DOCUMENT A707•ABORF.VIATF.DOWNER-CUN'1'RACTOR AGREEMF.NT•NINTH EDITIUN•AIA° • _-~19N] TILE AMERICAN INSTITUTE. OF ARCHITEf.TS, I~iS NEV4' YORK AVENUE, N.W., WASHINGTON, U.C. 20006 A107-1987 8 WARNING: Unlicensetl photocopying violates U.S. copyright laws antl is subject to legal prosecution. lien. If such lien remains unsatisfied aker payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payment shall constitute a waiver of clause by the Owner except those arising from: .1 Gens, claims, security interests or encumbrances azis- ing out of [he Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. Acceptance of final payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of claims by that payee except these previously made in writing and identi- fied by that payee as unsettled a[ the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 18.1 The Contractor shall be responsible for initiating, main- taining, and supervising all safety precautions and programs in connection with the performance of [he Contract. The Con- tractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incor- porated therein; and .3 other property at the site ur adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, roles, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may he liable and for which the Contractor is responsible under Subpara- graphs 16. L2 and 16.1.3, except for damage or loss attributable to acts or omissions of [he Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable [o the fault or negligence of the Contractor. The foregoing obliga- tions of the Contractor are in addition to the Contractor's obli- gations under Paragraph 9.12. 16.2 The Contractor shall not be cequired to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiedon in which the Project is located insurance for protection from claims under workers' or workmen's compen- sation acts and other employee benefit acts which are applic- able, claims for damages because of bodily injury, including death, and from claims for damages, other than «~ the Work itself, to property which may azise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or any- one directly or indirectly employed by any of them. This insur- ance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insur- ance applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work. 17.2 The Owner shall he responsible for purchasing and main- taining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance fur self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by [he Contract Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance upon the entire Wurk at the site to the full insurable value thereof. This insurance shall be on an all- risk policy Corm and shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and extended coverage and physical loss or damage including, without dupli- cation of coverage, [heft, vandalism and malicious mischief. 17.4 A loss insured under Owner's property insurance shall be adjusted with the Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall file a copy of each policy with the Con- tractor before an exposure to loss may occur Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prioc written notice has been given to the Contractor. 17.6 The Owner and Contractor waive all rights against each other and the Architect, Architect's consultants, separate con- tractors described in Article 12, if any, and any of their subcon- tractors, sub-subcontractors, agents and employees, for dam- ages caused by fire or other perils to the extent covered by propeny insurance obtained pursuant to this Article 17 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as fiduciary. The Contractor shall reyuire similar waivers in favor of [he Owner and the Contractor by Subcon- tractors and Sub-subcontractors. The Owner shall require simi- lar waivers in favor of the Owner and Contractor by the Archi- tect, Architect's consultants, separate contracture described in Article 12, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Sub- stantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found ro be not in accordance with the requirements of the Contract Documents within a period of one year from [he (fate of Substantial Cum- 9 A107-1987 AIA DOCUMENT A707•AHHRF.MATED UWNER{:ONTRACTOR Af,REEMENT•NINTR EDITIUN•AIA® •GI`)H7 THE AMERICAN INeI'ITIITE OF ARCIIITF.CTti, I~iS NEW YORx AV ENUk', N.W, WAtiHINGTUN, UC 21NNNo WARNING: Unlicensed photocopying violates U.S. copyright laws antl Is subject to legal prosecution. ""1' pletion of the Contract or by [eons of an applicable special war- ranty required by the Contract Documents. Thr provisions of this Article 18 apply to Work dune by Subcontractors as well as to Work done by direct employees of the Contractor- 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- ments. Establishment of the tHne period of one year as described in Paragraph lA.l relates only to the specific ubliga- tiun of the Comractor to correct [he Work, and has no relation- ship to the time within which the obligation [o comply with the Contract Uucmnenta may br sought «) be enforced, nor to the time within which proceedings may be commenced to estab- lish the Contractor's liability with respect «) the Contractor's obligations other than specifically to correct the Wurk. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is looted. 19.2 As between the Owner and the Con[rac[or, any appli- cable statute of limitations shall commence «) run and any alleged cause of action shall he deemed to have accrued: .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant dale of Substantial Completion; .2 not later than the date of issuance of the final Certifi- rate for Payment for acts or failures to act occurring subscyurnt to the relevant date of Substantial Com- pletion and prior to issuance of [he [foal Certificate far Paymenq and .3 no[ later than the date of the relevant ac[ ur failure to act by the Contractor for acts ur failures to act occur- ring after [he date of the final Certificate for Yaymen[. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails «> recommend payment fur a period of 30 days through nu fault of the Contmcu)r, or if the Owner fails n) make payment [hereon for a period of ill days, the Cun- trac«x may, upon seven additional dayti written notice [o the Owner and the Architect, terminate [he Contract and rcrover from the Owner payment for Wurk executed and for proven loss with respect w materials, equipment, tools, and amstruc- [ion eyuipment and machinery, including reasonable overhead, pnlfit and damages applicable to [hc Project. 20.2 If the Contractor defaults or persistently Pails or neglects [o carry out the Work in accordance with the Contract Docu- ments or Eails to perform a provision of the Contract, the Owner, after seven days' written notice w the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct [he cos[ [hereof, including compensation for the Archirect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and constmction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation fur the Architect's services and expenses made necessary thereby, such excess shell be paid [u [hr Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. AIA DOCUMENTA1g7•ANHRRVIA'1'F.D OWNER CONTRACrON AGNEEMENT•NINTH EDITION•AIA® •C~19H7 THE AMERICAN INSTITIiTE OF ARCHITECTS, 115 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2001xi A107-1987 10 WARNING Unlicensetl photocopying violates U.S. copytlght laws entl la subject to legal prosecution. ARTICLE 21 OTHER CONDITIONS OR PROVISIONS (PrnUed rxun[c and tile) (Printed na>ne and !i([e/ y,'~~,~ CxJTiOIW: You sauuw ,iyn aD oriuinai xix document wnich has this caution printed in red. I ~:n onytn.,l asses ~s i,:<.; c~Ta~i,,es w,li not be ou:;cured as n-,:;y occur when docurrsents are reproduced. AIA DOCUMENTA707•ABPREVIATED OWNER CONTRACTOR AGREEMENT•NIN'rII HUI'rIUN•AIA~ •~5119H~ ~~ A1U7-1987 THE AMERICAN INSTITI'TE OP ARCHITFCTS, I'i5 NEW YORK AVF.NI'~H. NIXL, WA911INCTON, U.C.. 3ot111G WAPNING: Unlicensed photocopying violates U.S. copyright laws antl is subject to legal prosecution. 593 This Agreement entered into as of the day and year first written above. KERR COUNTY STORAGE FACILITY PROPOSAL July 7, 1995 Option 1 We propose to complete the final drawings and to construct a 40'x 81' metal building behind the new jail facility in Kerr County. We propose to excavate 6" of existing topsoil and fill 12" of compacted backfill. The pad will be 90'x 50'. We propose to famish a concrete slab with standard 2' grade beams and reinforcing bars. The form would be 6" above the pad with the grade beams extending down 1'-6". We will have a 16'x 10' deep drilled footing at each column location. The metal building will have 2 commercial garage doors and 2 walk doors. The building structure will be apre-engineered metal building with metal siding. The lighting will be attached to the perlins. We have anticipated that power will be provided from the jail by others. We have included two duplex receptacles in the building for service operations. The garage doors and walk doors will be factory white and will not be repainted. We have not included any other painting or finishes. We have not included any sidewalks or driveways. We propose to complete the structure in 90 calendar days from release. Total Lump Sum Bid Including Bonds: $53,833.00 Option 2 We propose to construct the above structure and invoice the County in increments under $25,000.00 to eliminate the need for payment & performance bonding. Total Lump Sum Bid Without Bonds: $52,105.00 Option 3 We propose to act as project manager on the above project. The county would pay all of the bills directly. We would complete the drawings and supervise the work. Total fee for project management: $6,000.00 Sincerely, Stephen T. Buser »,e p FIDELITY AND DEPOSIT COMPANY OF MARYLAND ° COLONIAL AMERICAN CASUALTY AND SURETY COMPANY compardes HOME OFFICES: BALTIMORE, MD. 21203 Performance Bond BOND N0. 30266399 KNOW AI.I. MF,N BY THESE PRESENTS: HUSER CONSTRUCTION COMPANY, INC., P. 0. BOX 765, KERRVILLE, TEXAS That we,---------------------------------------------------------------------- - --------------------------- ------------------------- (Here insert the name end address ur legal title of the Contractur) 78029-0765 as Principal, hereinafter called Contractor, and___FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Here insert the name of the Surcty) a corporation of the Stale of Maryland, with its Home Office, P.O. Box 1227, Baltimore, Maryland, 21203, as Surety, KERR COUNTY, 700 MAIN STREET, hereinafter called Surety, are held and firmly bound unto__________ _ __________________-_____--_________------------------------------ KERRVILLE, TEXAS 78028 (Here inert the name and address or legal title of the Owncr) as Obligee, hereinafter called Owner, in the amountof._FIFTY-THREE THOUSAND EIGHT HUNDRED THIRTY-THREE AND NO/100-------- Dollars ($ 53 , 833.00 _ _ _ __ ___ __ __ ____________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated________JiJLY__19_________________________________________________19__95_ encored into a contract with Owner for__CONSTRUCTION OF KERR COUNTY STORAGE FACILITY --------- --------- --------- --------- --------- ----------------------- in accordance with drawings and specifications prepared (Here insert full namc, [itlc and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such [ha[, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise i[ shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having per- formed Owner's obligations [hereunder, the Surety may promptly remedy [he default, or shall promptly (I) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its [erns and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of [he lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even [hough [here should be a default or a succession of defaults under the con- tract or contracts of completion arranged under this paragraph) sufficient funds to pay [he cost of completion less [he balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in [he firs[ paragraph hereof. The term "balance of the contract price," as used in this paragraph, shat] mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less [he amount properly paid by Owner to Contractor. Any suit under this bond must be instihlted before the expiration of two (2) years from [he date on which final pay- ment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than [he Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed [his-------------- 20TH- -- - ---------------day of -----~~ -----JULY - --------~-----~---- (~ ----~Q~. ~~i~ In the presence of: HUSER CONSTRUC COMPANY "~~ ------- P - -------- ---- ------- - -------- ----- ------ ----- Uc ~ off' ,.r1J~ :'. ~ FIDELITY AND DEPOS COMPANY OF MARYLAN ~~"'~ w- IAL AMERICAN C UALTY AN ETY CO~ t '~ C~c7Ui~T~~~~;nrt~-IAN IAt/ r1 ., n ,. a - ,,;~ l.~f~-Fib es~& ~~ ~ ~„Y~ ~ . ___ ~__ Y' -----"tom-""` ~., Atto y-in-Fact Title cio9crrx). 2m-IZ-yI z3sul I~~111ij) i~Jl`.6 t,:n311' Conrorms w Amcnwn Instiwte of Arch'nmL, Doc 12 'n, " / Ikcranber teea Fehma. -~ `~ 1~e:i3iCa'.:. Y~ .'hCj:='ri' ,loS-In L. %~fortht~m & Son, L.L.l~. Llcurtse rSur:r?~er Q1353a'0 The ~~p> FIDELITY AND DEPOSIT COMPANY OF Mr.ItYLAND 1~~ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 Labor and Material Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. BOND N0. 30266399 KNOW ALL MEN BY THESE PRESENTS: That we,._ILL?~irB.-_~Q13~T.ASI.C.'LZAI~T.__ORI~P.AZ3Y...iLI.G,..._.P._..D.._..7b5_.-.KERIMS.i.LE_.__TF.Xc~S_...I.61122=01Ii5 (Hare insert the none end address or legal title of Ute Contracmr) as Principal, hereinafter called Principal, and_FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Hero Incert the name of the Surety) a corporation of the State of Maryland, with its Home Office, P.O. Box 1227, Baltimore, Maryland, 21203, as Surety, hereinafter called Surety, are held and firmly bound unto___KERR_COUNTYs__700__M(SIN__~T$.RR~_,_________________-_ KERRVILLE. TEXAS 78028 (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for [he use and benefit of claimants as hereinbelow defined, in the amount FIFTY-THREE THOUSAND EIGHT HUNDRED THIRTY-THREE AND NO/100------------------- o f - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------------------------------------ (Here insert a sum equal to at least ona-half of the contract price) Dollars ($_53,833.00________________________________________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, Firmly by these presents. WHEREAS, Principal has by written agreement da[ed___________,IALX__1-4-_____________________________________--_-__-_19-SS __, entered into a contract with Owner for___CONSTRUCTION -OF KERR COUNTY STORAGE FACILITY in accordance with drawings and specifications prepared by (Here insert full name, Utle and address) which contract is by reference made a part hereof, and is hereinafter referred [o as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter detned, for alt labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with asub-contractor of the Principal for labor, material or both, used or reasonably required for use in [he performance of the contract, labor and material being constmed to in- clude that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein de- fined, who has not been paid in full before the expiration of a period of ninety (90) days after [he date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to finaljudgmen[ for such sum or sums as may bejusdy due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials Cor which said claim is made, stating with substantial accuracy the amount claimed and [he name of the party to whom the materials were furnished, or for whom [he work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which Icgal process may be served in the state in which [hc aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in [his bond is prohibited by any law controlling the conswetion hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which [he project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or no[ claim for the amount of such lien be presented under and against this bond. Signedand sealed this-----------20TH--------------------------day of_-----------------JULY------------------- A. D. 19--95-- In [he presence of: -HUSER CONSTRUCTION COMPANY, INC. (SEAL) Principal Title I~ FIDELITY AND DEPOSIT C'qOMPANY OF MARYLAND ^ COLONIAL AMERIC~4N,C6~UA'L'I1Y SU ETY COMPANY ~ ~)h17~F~Si~NED: ~ ~~' - ---------------- -------- --------- - - B - e,V t ey-in-Fact C309NE(TX)-2M, 1291 235251 uy • ~~~.~ _ cnarnrma to nmrriren Instiwm nr nrcnhma oaeaa~~.~p F.eei (i£5.11' Daemeer 1980 Edition. Texas E~~~sident Agerll Jahn L. Wortham & Son, L.L.P. License Number 0135360 (SEAL) Toe FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN $}' THESI. PRESENTS. That the PIDEI 7T} AND DPPUSI'r CU[.1PANY OF MARYLAND, and [hc (,OLUNIAt. AMI'.RI('AN CASUA7.TV .AND Suaeiv COMPANY, corporations of the Sts(e at Maryland by C. M. PECOT, JR. .Vice President, and C. W. ROBBINS Assistant Secretap~, in pursuance of authority granted by Article VI, Section 2 of the respec@vc By-Laws of said Companies, which are sd forth on [hc reverse side hereof and arc hcrchy certified [o be in full (orcc and effect on the date hereof, do hereby nominate, constitute and appoint Vieie Coleman, Phyllis Ramirez, TMargareFt ABpuboltz, Lynn B. Mathes, Janie Ca[~t~u and Nate Gray, all of Houston, Thextaue'and_haW(ul'agenY and Aftbrhey=Pn'Faci df'cfic'h; td rn' as its act and deed: any and all bonds and unde the sum of TWO HUNDRED FIFTY THOUSAND of Independent Executors Community And the exewnon of such bonds or unt~enakings in purl and amply, to all intents and purposes, as i( they had the respective Companies at their offices in Baltim , revokes that issued ~n behalf o o L ie Phyllis Ramirez, etal, dated ~ 27, 1 aBe; ~ c; senl'anQxfef,'(Sr, 'and od itd be'haR'a§ drety' $n3 ngs, VVin a penalty not to exceed 9RS ( 0 00)...EXCEPT bonds on behalf J.vors optmuni[yy Guardian . these pr , ,shall he as btt5ding upon satd ~ornpanics,~as Cully my exec ~ d acknowledged by the regularly elected ofticers of in the' proper persons. This power of attorney Coma dated June 20, 1989, on behalf of )and Nancy Gray, dated August 31, 1989. $URhTY L` rdPANxeeeoE, the said Vice-Pres~Ts/and Asi ~ t~ecretarics have hereunto subscribed their names and affixed rpOra Ilte C ITNq tp Seals Of the Bald FIUELIT`nV.ND DEPOSIT NY OF MARYLAND and the COLONIAL AMERICAN CASUALTY ANU ' Y this---- -----~ s_t-LZ„® ----day of-------- January------ ------ --, A.D. 19.92 ~.4 O `~ ATTEST FI AND DEPOSIT COMPANY F MAR .AND - . SEAL ~ -----~-~-- - - ~"~ifl-------- By ------- ^~^ ~''"-- ^ Assi er rertin~ ce-President ,~ CCCC~ONIAL AMERICAN CASUALTY AND URETY OMPANY °tv t , r b ~ `dSEAy ___C_~_~~~~,~yQ__ ___ By _.____ _ _ ._ _ __. _____ °ww Assisront Secretan~ ire-Pree'tder~i STATE OF_,NJARYtxaMD .:] CITY OF BALTIM4IRE (~~ SS. ,; s - On [his ] S t ~ ;~y of Jdn Uary A.D 1992 ,before [he subscriber, a Notary Public of the Sta[c of Maryland, in and for fhe City of Ballimdfc, duly commissioned and yualiticd, came [he above-named Vice-Presidents and Assistant Secretaries of the FID@L1TY ANJ3~pEP05d7p8(3,DIPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to{t,JC~sFie, I`n~dividuals and officers described herein and who executed [he preceding instrument, and they each acknowledged the execution of [he same, and being by me duly swum, severally and each for himself depose[h and sailh, that they are the said officers of the Companies aforesaid, and that [he seals affixed to the preceding instmment are [he Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instmment by the authority and direction of the said Corporations. IN TESTIMOM' WHEREOF, I have hereunto set my hand and affixed my Official ~t o th • day m yy//°t~~~~rst~ab~ve written. ° ~ ~ nm!v Public CAROL J. FAD R ~~'u•c",'` My corttmission expires____A_lgust. 1-, 1992 you ca -- ____---__-"_ CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby cenify that the original Power of Attomcy of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further cenify that the V ice Presidents who executed the said Power o(Anomey were Vice-Pruidents specially authorized by the Board of Directors to appoint any Attorney-in Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of [he Board of Dtrectors o(the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held nn the Itith day of July, (969 and of the Board of Directors uRhe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and hdd on the 5th day of December, 1991 RESOLVED' "Thal the facsimile or mechanically reproduced signature of any Assiztant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as [hough manually aff[xed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this - 20TH__ day of --- JULY- ------------ 19.2.5 ~-~~z"- - --- -----~ - - -- Asrt.rrunr Secretary 170-0965 e COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Companies HDMF OF'Flces. BAI;t'IMORE. Mn ?l~ni BOND N0. 30266399 POWER OF ATTORNEY IMPORTANT NOTICIE To obtain information to make a complaint: You may write: TEXAS DEPARTMENT OF INSURANCE P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact John L. Wortham & Son, L.L.P. first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does net become a part or condition of the attached document.