rfp#17-1029 roof replacement projects · 2017. 1. 13. · a101, aia form a201 general conditions of...

Project Manual for

RFP#17-1029

ROOF REPLACEMENT PROJECTS

January 12, 2017

1790 Lee Trevino, Suite 504 El Paso, TX 79336 Tel 915.599.0111 Fax 915.599.0080

Project Number 20170110-48 Set Number ______

1/12/2017

Armko Industries, Inc.

Texas Registered Engineering Firm F-006498

ROOF REPLACEMENT PROJECTS RPF#17-1029 SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT SAN ELIZARIO, TEXAS ARMKO INDUSTRIES, INC. EL PASO, TEXAS Thursday, January 12, 2017

TABLE OF CONTENTS

DIVISION 00 BID DOCUMENTS NO. OF PAGES 100 Notice and Information to Proposers 1 thru 19 101 AIA Document A101 Agreement Between Owner and Contractor 1 thru 15 201 AIA Document A201 General Conditions 1 thru 38 Supplemental Provisions 1 thru 9 820 Worker’s Compensation Insurance Coverage 1 thru 3 DIVISION 01 GENERAL 100 General Requirements 1 thru 13 322 Photographic Documentation 1 thru 2 330 Submittals and Substitutions 1 thru 6 DIVISIONS 02 thru 05 Not Used DIVISION 06 CARPENTRY 105 Miscellaneous Carpentry 1 thru 4 DIVISION 07 THERMAL AND MOISTURE PROTECTION 215 Roof and Deck Insulation 1 thru 5 535 Fully Adhered Multi-ply Roof System 1 thru 21 591 Membrane Reroofing Preparation 1 thru 6 620 Sheet Metal and Miscellaneous Accessories 1 thru 9 720 Roof Accessories 1 thru 5 920 Sealants 1 thru 5 DIVISIONS 08 thru 14 Not Used

DIVISION 15 MECHANICAL 150 Sanitary Waste and Vent Specialties 1 thru 3

DIVISIONS 16 thru 17 Not Used

1/12/2017 Armko Industries, Inc.

Texas Registered Engineering Firm F-006498

BOARD OF TRUSTEES

SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT IRENE D. JAQUEZ ....................................................................................... PRESIDENT ANTONIO ARAUJO ............................................................................. VICE PRESIDENT FERNIE MADRID .........................................................................................SECRETARY

JOSE RODRIGUEZ

ARMANDO MARTINEZ

SANDRA LICON

RAMON HOLGUIN

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SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT REQUEST FOR COMPETITIVE SEALED PROPOSALS

FOR ROOF REPLACEMENT PROJECTS RFP#17-1029

The San Elizario Independent School District is accepting competitive sealed proposals for a roof replacement project. Sealed proposals will be accepted until Monday January 30, 2017 at 2:00 P.M. They must be hand delivered or mailed to the District at the following address:

San Elizario Independent School District PO Box 920 (for mailing) 1050 Chicken Ranch Road (for hand delivery) San Elizario, Texas 79849 Attn: Norberto Rivas, Chief Financial Officer Bid documents may be obtained in person with a refundable deposit of $100.00 per set, beginning Monday January 16, 2017, from the offices of Armko Industries, Inc., 1790 N. Lee Trevino, Suite 504, El Paso, Texas 79936, Phone (915) 599-0111, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (excluding holidays) or online at www.seisd.net under Departments Finance Contract Opportunities RFP#17-1029. It is highly recommended that the contractor attend the Pre-Proposal Meeting, which will be held at 10:30 a.m., on Tuesday January 24, 2017, at the Administration Building, located at 1050 Chicken Ranch Road, San Elizario, Texas 79849. Facsimile, emailed, or late proposals will not be accepted. San Elizario Independent School District reserves the right to reject any and all proposals and waive any and all formalities and conditions.

http://www.seisd.net/

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SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT REQUEST FOR COMPETITIVE SEALED PROPOSALS


1. The District. The San Elizario Independent School District is located southeast of El Paso County, serves approximately 4,000 students across six campuses, employs approximately 600 individuals and operates approximately a $40 million annual budget. 2. General. The District accepts no obligation for the costs incurred in responding to this RFP in anticipation of being awarded a contract. The District reserves the right to select proposals in this RFP without discussion of the responses with the proposers. The District reserves the right to reject any and all submitted proposals and also reserves the right to waive or dispense any formalities contained herein. Proposers are invited to submit their proposals in accordance with the requirements outlined in this document.

3. Scope & Description. The scope for this project will be to re-roof central office (approximately 14,200 S.F.) and the high school auxiliary gym (approximately 15,000 S.F.). These measurements are only estimated and presented here to give a brief overview of the project. All interested contractors will be responsible for measuring the roof and submitting their costs accordingly in conjunction with the roof specifications included herein. The proposed construction schedule is 11 weeks with a projected notice to proceed date of 6/5/2017. The substantial completion date will be 8/18/2017. The preliminary construction budget for this project is $342,000. 4. Project Manual & Technical Specifications. The project manual and technical

specifications are enclosed and developed by Armko Industries, Inc.

The Engineer: Armko Industries, Inc. 1790 N. Lee Trevino, Suite 504 El Paso, Texas 79936 Telephone: (915) 599-0111

Any addendums issued will be made available online at www.seisd.net under Departments Finance Contract Opportunities RFP#17-1029 addendum. It is the proposer’s responsibility to check the website for any issued addendums prior to submitting their proposal.

5. Timeline.

Legal advertisement for RFP January 15th & January 22th Pre-proposal meeting January 24th at 10:30 am Sealed proposals due January 30th at 2:00 pm Award of contract TBD

http://www.seisd.net/

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6. Proposal Format and Content. Please include the following minimum information in your response to this RFP in the order and format prescribed below.

a. Transmittal Letter i. Shall contain the following annotation

San Elizario Independent School District Request for Competitive Sealed Proposals For Roof Replacement Projects RFP#17-1029

ii. Shall identify the full, official business name as registered with the Secretary of State that the respondent will be doing business as for this RFP

iii. Shall state that this submittal is valid for 60 days iv. Shall include the original signature of a person legally authorized to bind

the proposer to the representation in the response v. Shall include a statement of acceptance of the terms and conditions of this

RFP. If a proposer takes exception to any of the proposed terms and conditions stated in this RFP, those exceptions must be noted in the transmittal letter, but failure to accept the terms and conditions specified in this RFP may result in disqualification of the proposal

b. Table of Contents i. Shall identify the sections of the submittal by page number

c. Required Forms i. AIA Document A305 – Contractor’s Qualification Statement

ii. Proposal Form iii. Bid bond

Each proposal submitted must be accompanied by a Surety Bid Bond, duly executed by the Proposer as a principal and having as surety thereon, a corporate surety company duly authorized and admitted to do business in the State of Texas to issue such bond, as a guarantee that the Proposer will enter into a contract with the School District. 5% of the proposed amount is required.

iv. Certification Regarding Debarment, Suspension, Ineligibility and Other Responsibility Matters

v. Felony Conviction Notice vi. Prohibition on Lobbying or Solicitation

vii. Criminal History Record Information Review of Certain Contract Employees

viii. Conflict of Interest Questionnaire ix. IRS Form W-9 x. Form 1295 (Certificate of Interested Parties) notarized

Awarded proposer will require submission of form through the Texas Ethics Commission webpage

xi. HUB Certificate, if applicable d. Experience and References

i. Shall include 3 current reference letters and contact information

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ii. Shall include examples of similar work done for other clients iii. Shall include resumes of key staff to be assigned to project

7. Evaluation Criteria. The District is not bound to select the lowest priced proposal and

will select the proposal that provides the best value as determined by the District based on the following criteria:

The contractors proposed price 50 The contractors experience and reputation 35 The contractors assigned personnel 10 The contractors experience with San Elizario ISD and/or Armko Industries, Inc. 5

Total 100

8. Proposal Submittal and Opening. The proposer must submit their sealed proposal by 2:00 pm on Monday January 30, 2017 to the following address with the following notation:

a. Address San Elizario Independent School District PO Box 920 (for mailing) 1050 Chicken Ranch Road (for hand delivery) San Elizario, Texas 79849 Attn: Norberto Rivas, Chief Financial Officer

b. Notation San Elizario Independent School District Request for Competitive Sealed Proposals For Roof Replacement Projects RFP#17-1029 Due: January 30, 2017 2:00 pm

Proposals will be opened at the location and time specified. Proposals received after the specified time shall not be considered. The District may reject any and all proposals. Facsimile and emailed proposals will not be accepted. By submitting a proposal, the contractor agrees to waive any claim it has or may have against the School District, its Board of Trustees, agents and employees, and any persons or entities contacted as references, arising out of or in connection with the review, evaluation, or recommendation of any proposals, acceptance or rejection of any proposal, the waiver of any requirements in this RFP, or any complaints or concerns regarding the award of a contract.

9. Requirements for Award of Contract. a. Payment and Performance Bonds

i. A performance bond in an amount equal to 100% of the contract sum and a payment bond in an amount equal to 100% of the contract sum will be

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required. These will be due no later than the 10th business day after the date execution of the contract.

b. Insurance Requirements i. Worker’s compensation – statutory limits

ii. Employer’s liability – with limits of not less than $1,000,000 iii. Comprehensive general liability – with limits of not less than $2,000,000

personal injury and $1,000,000 property damage for any one occurrence, including independent contractor’s liability, completed operations and products liability, with personal injury, and broad form of property damage coverage with the “X”, “C”, and “U”, exclusions deleted. Maintain completed operation liability for at least one year after the date of the final completion.

iv. Comprehensive automobile liability – with limits not less than $1,000,000 bodily injury and $1,000,000 property damage including owned, non-owned and hired motor vehicle coverage

v. Excess liability insurance – not less than $1,000,000 per occurrence in excess of the forgoing required insurance providing not less than the same coverage including personal injury and property damage.

vi. Property insurance – notwithstanding anything contrary to section 9.b.i, 9.b.ii, 9.b.iii, 9.b.iv., and 9.b.v, contractor shall obtain and maintain property insurance and builder’s risk insurance for the full insurable value of the project, at the

c. Prevailing Wage Rates i. The contractor selected by the School District and all subcontractors hired

by the company involved in the construction of this project shall be compensated not less than the prevailing wage rates as established by the School District. The School District uses the 2016 El Paso County Prevailing Wage Rate Schedule which can be accessed from the county’s purchasing department’s website or at the following link: http://www.epcounty.com/purchasing/wages.htm

d. Contract Form i. The contract form that will be used for this Project will be AIA Form

A101, AIA Form A201 General Conditions of the Contract, and the Owner’s Supplemental Provisions.

e. Liquidated Damages i. The Contract between the School District and the selected company will

provide for liquidated damages for delay in the amount of $500 per day for each day that the Project is not substantially completed beyond the agreed upon Substantial Completion Date.

http://www.epcounty.com/purchasing/wages.htm

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10. Texas Public Information Act. Proposer acknowledges that San Elizario ISD is subject to the Texas Public Information Act (TPIA). As such, upon receipt of a request under the TPIA, San Elizario ISD is required to comply with the requirements of the TPIA. For purposes of the TPIA, ‘public information’ is defined as information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:

a. By San Elizario ISD; or b. For San Elizario ISD and San Elizario ISD

i. Owns the information; or ii. Has a right of access to the information; or

iii. Spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or

c. By an individual officer or employee of San Elizario ISD in the officer’s or employee’s official capacity and the information pertains to official business of San Elizario ISD.

Proposer is expected to fully cooperate with the District in responding to public information requests. This includes, but is not limited to, providing the District with requested information. In the event that the request involves documentation that is clearly marked as confidential and/or proprietary, San Elizario ISD will provide the proposer with the required notices under the TPIA. The proposer acknowledges that is has the responsibility to brief the Attorney General’s Office on why the documents identified as confidential and/or proprietary fall within an expiation to public disclosure.

11. Questions and Additional Information. Any person wishing to obtain additional information about the Request for Proposals needs to email Brad Draper, Project Engineer, with a carbon copy to Norberto Rivas, Chief Financial Officer. The deadline for submitting questions is January 23, 2017. All questions submitted and responses provided will be made available at the Pre-Proposal Meeting on January 24, 2017.

Brad Draper, RRO, RCI Senior Roof Consultant Armko Industries Email: [email protected] Norberto Rivas, Chief Financial Officer San Elizario ISD Email: [email protected]

No other persons may be contacted for questions or information. No proposer shall lobby, contact or solicit members of the Board of Trustees or District staff during the process.

mailto:[email protected]:[email protected]

Proposal Form


In submitting its proposal, the undersigned agrees to the following:

i. The undersigned on behalf of the proposer affirms that, having examined the Project

Manual and Technical Specifications prepared by Armko Industries, Inc., including all documents making a complete Contract for the project, and being familiar with all of the conditions surrounding the construction of the project, including the availability of labor, utilities and materials; hereby declares that he will pay not less than the specified prevailing wage rates, that the undersigned will furnish the necessary bonds and insurance, permits, machinery, tools, apparatus, and other means of construction and will do the work and furnish all materials required of him within the time and in the manner prescribed, and for the prices stated herein.

Proposal #1 – Administration Building Base bid, $_________________________, for the lump sum of: _____________________________________________________________Dollars, Proposal #2 – HS Auxiliary Gym Base bid, $_________________________, for the lump sum of: _____________________________________________________________Dollars,

_____________________________ Name of Company _____________________________ Printed Name _____________________________ Title _____________________________ Authorized Signature & Date

’

F I N A N C E D I V I S I O N P.O. Box 920 – San Elizario, Texas 79849-0920 – Phone: (915) 872-3900

Certification Regarding Debarment, Suspension and Other Responsibility Matters 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its

principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions from any Federal department or agency; b. Have not within a three year period preceding this proposal been convicted of or had a

civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental (Federal, State or Local) entity with commission of any of the offenses enumerated in paragraph (1) (b of this certification)

d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal

Sign the appropriate option: Option 1_____________________ Option 2 _____________________

Felony Conviction Notice Section 44.034 of the Texas Education Code, Notification of Criminal History,

Subsection (a) states “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

Subsection (b) states “A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

Sign the appropriate option:

1. My firm is a publicly-held corporation, therefore, this requirement is not applicable: __________

2. My firm is not owned nor operated by anyone who has been convicted of a felony: ___________

3. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony (Name of Felon(s) & Conviction): ____________________________________________

F I N A N C E D I V I S I O N P.O. Box 920 – San Elizario, Texas 79849-0920 – Phone: (915) 872-3900

Prohibition on Lobbying or Solicitation

The San Elizario Independent School District prohibits lobbying, contacting or soliciting School District staff members or members of the Board of Trustees during the selection process. This does not include any attendance at any meeting scheduled by the School District such as a pre- bid conference, or any contact with the Chief Financial Officer for the purpose of obtaining clarification regarding any of the procedures or requirements. The School District reserves the right to disqualify any firm that violates this policy. The undersigned acknowledges the district policy and certifies that all employees, agents, consultants, or representatives of the representing firm have not or will not contact, solicit, or lobby School District staff members, members of the Board of Trustees regarding the above mention solicitation from the date of Board of Trustees authorization to solicit proposals through final action of this solicitation by the Board of Trustees.

Signature of Acknowledgement:

Criminal History Record Information Review of Certain Contract Employees

Section 22.0834 of Texas Education Code requires an independent contractor who provides services to a school district to submit to a criminal history review if the independent contractor will have continuing duties related to the contracted services and direct student contact. Each independent contractor must certify with the District that the contractor has complied with the law that requires each contractor to obtain the criminal histories of its covered employees.

By signing below you indicate that you will comply with the Section 22.0834 of the TEC by conducting background searches and having employees fingerprinted with the DPS-Fingerprint- based Applicant Clearinghouse of Texas-(FACT) and will not allow any employees not meeting the minimum standard to perform any services in reference to this contract on SEISD premises.

The District reserves the right to review any criminal history record information and to terminate any services at any time if the criminal history of a contractor is not acceptable.

Signature of Acknowledgement:

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

FORM CIQ

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor whohas a business relationship as defined by Section 176.001(1-a) with a local governmental entity and thevendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not laterthan the 7th business day after the date the vendor becomes aware of facts that require the statement to befiled. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. Anoffense under this section is a misdemeanor.

CONFLICT OF INTEREST QUESTIONNAIREFor vendor doing business with local governmental entity

Date Received

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the directionof the local government officer or a family member of the officer AND the taxable income is not received from thelocal governmental entity?

Yes No

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Check this box if the vendor has given the local government officer or a family member of the officer one or more giftsas described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date

Name of vendor who has a business relationship with local governmental entity.1

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updatedcompleted questionnaire with the appropriate filing authority not later than the 7th business day after the date on whichyou became aware that the originally filed questionnaire was incomplete or inaccurate.)

2

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

Describe each employment or other business relationship with the local government officer, or a family member of theofficer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.Complete subparts A and B for each employment or business relationship described. Attach additional pages to this FormCIQ as necessary.

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5Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation orother business entity with respect to which the local government officer serves as an officer or director, or holds anownership interest of one percent or more.

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entityA complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more partiesbased on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or anagency of a federal, state, or local governmental entity;(B) a transaction conducted at a price and subject to terms available to the public; or(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency andthat is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

***(2) the vendor:

(A) has an employment or other business relationship with the local government officer or afamily member of the officer that results in the officer or family member receiving taxableincome, other than investment income, that exceeds $2,500 during the 12-month periodpreceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;or(ii) the local governmental entity is considering entering into a contract with thevendor;

(B) has given to the local government officer or a family member of the officer one or more giftsthat have an aggregate value of more than $100 in the 12-month period preceding the date theofficer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationshipwith a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that localgovernmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);(2) has given a local government officer of that local governmental entity, or a family member of theofficer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding anygift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administratornot later than the seventh business day after the later of: (1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmentalentity; or(B) submits to the local governmental entity an application, response to a request for proposalsor bids, correspondence, or another writing related to a potential contract with the localgovernmental entity; or

(2) the date the vendor becomes aware:(A) of an employment or other business relationship with a local government officer, or afamily member of the officer, described by Subsection (a);(B) that the vendor has given one or more gifts described by Subsection (a); or(C) of a family relationship with a local government officer.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Adopted 10/5/2015

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.

AFFIX NOTARY STAMP / SEAL ABOVE

Title of officer administering oathPrinted name of officer administering oathSignature of officer administering oath

Sworn to and subscribed before me, by the said _______________________________________________, this the ______________ day

of ________________, 20 _______ , to certify which, witness my hand and seal of office.

Signature of authorized agent of contracting business entity

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested PartyNature of Interest (check applicable)

City, State, Country(place of business)

Controlling Intermediary

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Name of governmental entity or state agency that is a party to the contract forwhich the form is being filed.

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3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the businessentity's place of business.

5 Check only if there is NO Interested Party.

Document A305TM – 1986 Contractor's Qualification Statement

AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA®

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:31:09 on 04/16/2012 under Order No.0593238776_1 which expires on 02/17/2013, and is not for resale. User Notes: (1397979714)

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ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This form is approved and recommended by the American Institute of Architects (AIA) and The Associated General Contractors of America (AGC) for use in evaluating the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by AIA or AGC.

The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: ADDRESS: SUBMITTED BY: NAME: ADDRESS: PRINCIPAL OFFICE: [ ] Corporation [ ] Partnership [ ] Individual [ ] Joint Venture [ ] Other NAME OF PROJECT: (if applicable) - TYPE OF WORK: (file separate form for each Classification of Work) [ ] General Construction [ ] HVAC [ ] Electrical [ ] Plumbing [ ] Other: (Specify) § 1 ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? § 1.2 How many years has your organization been in business under its present business name?

§ 1.2.1 Under what other or former names has your organization operated?

§ 1.3 If your organization is a corporation, answer the following:

§ 1.3.1 Date of incorporation: § 1.3.2 State of incorporation: § 1.3.3 President’s name:

AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:31:09 on 04/16/2012 under Order No.0593238776_1 which expires on 02/17/2013, and is not for resale. User Notes: (1397979714)

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§ 1.3.4 Vice-president’s name(s) § 1.3.5 Secretary’s name: § 1.3.6 Treasurer’s name:

§ 1.4 If your organization is a partnership, answer the following:

§ 1.4.1 Date of organization: § 1.4.2 Type of partnership (if applicable): § 1.4.3 Name(s) of general partner(s)

§ 1.5 If your organization is individually owned, answer the following:

§ 1.5.1 Date of organization: § 1.5.2 Name of owner:

§ 1.6 If the form of your organization is other than those listed above, describe it and name the principals: § 2 LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. § 2.2 List jurisdictions in which your organization’s partnership or trade name is filed. § 3 EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. § 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)

§ 3.2.1 Has your organization ever failed to complete any work awarded to it? § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your

organization or its officers? § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts

within the last five years?

§ 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.)


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§ 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date.

§ 3.4.1 State total worth of work in progress and under contract:

§ 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces.

§ 3.5.1 State average annual amount of construction work performed during the past five years:

§ 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. § 4 REFERENCES § 4.1 Trade References: § 4.2 Bank References: § 4.3 Surety:

§ 4.3.1 Name of bonding company: § 4.3.2 Name and address of agent:

§ 5 FINANCING § 5.1 Financial Statement.

§ 5.1.1 Attach a financial statement, preferably audited, including your organization’s latest balance sheet and income statement showing the following items:

Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets;


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Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings).

§ 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: § 5.1.3 Is the attached financial statement for the identical organization named on page one? § 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial

statement is provided (e.g., parent-subsidiary).

§ 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? § 6 SIGNATURE § 6.1 Dated at this day of

Name of Organization: By: Title:

§ 6.2 M being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading.

Subscribed and sworn before me this day of Notary Public: My Commission Expires:

Additions and Deletions Report for AIA

®

Document A305TM – 1986 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:31:09 on 04/16/2012.

Additions and Deletions Report for AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:31:09 on 04/16/2012 under Order No.0593238776_1 which expires on 02/17/2013, and is not for resale. User Notes: (1397979714)

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PAGE 1 NAME OF PROJECT: (if applicable) -

AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:31:09 on 04/16/2012 under Order No.0593238776_1 which expires on 02/17/2013, and is not for resale. User Notes: (1397979714)

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Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, -, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:31:09 on 04/16/2012 under Order No. 0593238776_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A305™ – 1986, Contractor's Qualification Statement, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated)

AIA®

Document A101TM – 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:30:37 on 06/07/2013 under Order No.2897315080_1 which expires on 09/08/2013, and is not for resale. User Notes: (1331053141)

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ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.


AIA Document A201™–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) « »« » « » « » « » and the Contractor: (Name, legal status, address and other information) « »« » « » « » « » for the following Project: (Name, location and detailed description) «forms» « » « » The Architect: (Name, legal status, address and other information) « »« » « » « » « » The Owner and Contractor agree as follows.


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TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) « » If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner’s time requirement shall be as follows: « » § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than « » ( « » ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) « »


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Portion of Work Substantial Completion Date

, subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) « » ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be « » ($ « » ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) « » § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price Per Unit ($0.00)

§ 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.)

Item Price

ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « » § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the « » day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the « » day of the « » month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than « » ( « » ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.


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§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of « » percent ( « » %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201™–2007, General Conditions of the Contract for Construction;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of « » percent ( « » %);

.3 Subtract the aggregate of previous payments made by the Owner; and

.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201–2007.

§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201–2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.)

.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201–2007.

§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) « » § 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201–2007, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: « » ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.


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(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) « » « » « » « » § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201–2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)

[ « » ] Arbitration pursuant to Section 15.4 of AIA Document A201–2007 [ « » ] Litigation in a court of competent jurisdiction [ « » ] Other (Specify) « »

ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) « » % « » § 8.3 The Owner’s representative: (Name, address and other information) « » « » « » « » « » « » § 8.4 The Contractor’s representative: (Name, address and other information) « » « » « » « »


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« » « » § 8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: « » ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101–2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201–2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract:

Document Title Date Pages

§ 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) « »

Section Title Date Pages

§ 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) « »

Number Title Date

§ 9.1.6 The Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents:

.1 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed by the parties, or the following:

« »

.2 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract


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Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

« »

ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201–2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201–2007.)

Type of insurance or bond Limit of liability or bond amount ($0.00)

This Agreement entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature) « »« » « »« » (Printed name and title) (Printed name and title)

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SUPPLEMENTAL PROVISIONS, MODIFICATIONS AND AMENDMENTS TOGENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIONBETWEEN SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT (“OWNER”) AND __________________________ (“CONTRACTOR”)

These Supplemental Provisions modify the “General Conditions of the Contract for Construction", AIADocument A201-2007 (the "Agreement"). Where a portion of the General Conditions is modified or deletedby these Supplemental Provisions, these Supplemental Provisions shall control. Otherwise, the unalteredportions of the General Conditions shall remain in effect.

ARTICLE 1GENERAL PROVISIONS

Delete 1.5.1 and 1.5.2 in its entirety and in its place substitute the following:

1.5.1 Neither Contractor nor any subcontractor nor materials or equipment supplier shall own orclaim a copyright or ownership of the Drawings, Specifications or other documents. All Drawings,Specifications and documents shall be owned in accordance with the agreement of Owner and Architect.The Drawings, Specifications and other documents may not be used by Contractor, any subcontractor ormaterial or equipment supplier on any other project outside the scope of this Project without prior writtenconsent of Owner and Architect.

ARTICLE 2OWNER

Delete paragraph 2.2.1.

ARTICLE 3CONTRACTOR

Delete paragraph 3.7.1 and substitute in its place the following:

3.7.1 Contractor shall secure, at Contractor’s expense, the building permit and other permits andgovernmental fees, licenses and inspections necessary for the proper execution and completion of the Workwhich are customarily secured after execution of the Contract and which are legally required when bids arereceived or negotiations concluded.

Add as paragraph 3.19

3.19.1 Pursuant to Chapter 2258, Texas Government Code, all contractors and any subcontractorinvolved in the construction of a public work project shall pay not less than the prevailing rates as per diemwages in the locality at the time of construction to all laborers, workmen and mechanics employed by themin the execution of this contract.

3.19.2 In accordance therewith, the Owner has established a scale of prevailing wages, and not lessthan this established scale must be paid on the Project. Any workers included in the schedule shall beproperly classified and paid not less than the rate of wage prevailing in the locality of the work at the timeof construction. Contractor shall include in every contract or subcontract relating to the Work the prevailingwage rates which are applicable and shall require, on behalf of Owner, that the prevailing wage rates be paid.

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3.19.3 Any contractor or subcontractor who violates these provisions shall pay to the Owner the sumof $60.00 for each worker employed for each calendar day of part of the day that the worker is paid less thanthe wage rate stipulated in the scale of prevailing wages applicable to this Project. Add as subparagraph 3.20:

3.20 All personnel used by Contractor in the Performance of the Work shall be qualified bytraining and experience to perform their assigned tasks. At the request of Owner, Contractor shall not usein the performance of the Work, any personnel deemed by Owner as incompetent, careless, unqualified toperform the Work assigned to him, or otherwise unsatisfactory to Owner.

ARTICLE 9PAYMENT AND COMPLETION

Add new paragraph 9.6.8 as follows:

9.6.8 The Contractor shall keep Owner, Owner’s funds or bond proceeds and Owner’s property freefrom all mechanic’s and materialman’s liens and all other liens and claims, legal or equitable, arising out ofthe Work hereunder. In the event any such lien or claim is filed by any one claiming by, through or underContractor, the Contractor shall discharge the same within ten days of the filing thereof.

ARTICLE 10PROTECTION OF PERSONS AND PROPERTY

Delete paragraph 10.3.3 in its entirety.

ARTICLE 11INSURANCE AND BONDS

Add as paragraph 11.1.5 the following:

11.1.5 All insurance and bonding companies providing coverage for or relating to the Project mustbe acceptable to the Owner. Contractor shall submit to Owner for Owners review financial information oneach insurance company, including the Best Insurance Rating, the Standard & Poor’s Rating, or otherfinancial information generally accepted in the industry. Owner will advise if the insurance companies areacceptable. If not acceptable, Contractor will obtain insurance or bonds from a company acceptable to theOwner.


11.1.6 Notwithstanding anything to the contrary in this Section 11, Contractor shall carry andmaintain in force the following insurance coverage with Owner as an additional Insured:

1. Worker's compensation (statutory limits).

2. Employers liability insurance with limits of not less than $1,000,000.00 or as requiredfor all its employees engaged in performing the Work.

3. Comprehensive General Liability with limits of not less than $500,000 personalinjury and $300,000 property damage for any one occurrence, including independent contractor's liability,

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contractual liability, completed operations and products liability, with personal injury, and broad form ofproperty damage coverage with the "X", " C", and "U", exclusions deleted. Maintain completed operationliability for at least one year after the date of the final completion.

4. Comprehensive Automobile Liability with limits not less than $300,000/$500,000bodily injury and $100,000 property damage including owned, non-owned, and hired motor vehicle coverage.

5. Excess Liability Insurance of not less than $1,000,000 per occurrence in excess ofthe forgoing required insurance providing not less than the same coverage including personal injury andproperty damage.

Add as paragraph 11.3 the following:

11.3 Property Insurance. Notwithstanding anything to the contrary in paragraphs 11.3.1, 11.3.1.1and 11.3.1.2, Contractor shall obtain and maintain property insurance and builder’s risk insurance for the fullinsurable value of the Project, at Contractor’s cost.

Delete paragraph 11.3.13 and add the following in lieu thereof:

11.3.11 Owner shall maintain existing property insurance on the Project.

Delete paragraph 11.4.1 and 11.4.2 and add the following in lieu thereof:

11.4 Performance Bond and Payment Bond.

11.4.1 Contractor shall furnish Payment and Performance Bonds in accordance with Chapter 2253of the Texas Government Code. The Performance and Payment Bonds required by this Article may be in oneor separate instruments in accordance with local law. Surety companies must be licensed to do business inthe State of Texas. All Payment and Performance Bonds provided by Contractor or any subcontractor shallcomply with the requirements of Article 7.19-1 of the Texas Insurance Code. The amount of each bondprovided by Contractor shall be equal to One Hundred Percent (100%) of the Guaranteed Maximum Price.The Contractor shall require Payment and Performance Bonds to be provided by any contractor for whomsuch bonds are required by Chapter 2252, Texas Government Code.

11.4.2 All bonds will be reviewed by the Architect and Owner for compliance with the ContractDocuments prior to execution of the contract. In the event that the Architect has any questions concerningthe sufficiency of the bonds, the bonds will be referred to the Owner or the Owner’s representative for reviewand decision.

11.4.3 All bonds shall be originals. The Contractor shall require the attorney-in-fact who executesthe required bonds on behalf of the surety to affix thereto a certified and current copy of the Power-of-Attorney. The name, address, and telephone number of a contact person for the bonding company shall beprovided.

11.4.4 Upon the request in writing of any person or entity appearing to be a potential beneficiaryof bonds covering payment of obligations arising under the contract, the Contractor shall promptly furnisha copy of the bonds or shall permit a copy to be made.

11.4.5 Bonds shall be signed by an agent resident in the State of Texas and the date of the bondshall be the date of execution of the contract. If at any time during the continuance of the contract, the surety

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of the Contractor’s bonds becomes insufficient, Owner shall have the right to require additional and sufficientsureties which the Contractor shall furnish to the satisfaction of the Owner within thirty (30) days after noticeto do so. In default thereof, the Contractor may be suspended and all payment or money due to the Contractorwithheld.

11.4.6 Contractor shall furnish to Owner insurance certificates in form satisfactory to Ownerspecifying the types and amounts of coverage in effect, the expiration date of each policy, and a statementthat no insurance will be canceled or materially changed while the Work is in progress without 30 calendardays prior written notice to the Owner. If Contractor neglects or refuses to provide any insurance requiredby this Article, or if any insurance is cancelled, Owner may procure such insurance and issue a change orderdeducting the amount of such insurance from the cost of the work.

Add as paragraph 11.5 the following:

11.5 Workers’ Compensation Insurance Coverage.

11.5.1 Definitions.

Certificate of Coverage (“Certificate”) – A copy of a certificate of insurance, a certificate of authorityto self-insure issued by the Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 orTWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’semployees providing services for the duration of the Project.

Duration of the Project – includes the time from the beginning of the work on the Project until thecontractor’s/person’s work on the Project has been completed and accepted by the Owner.

Persons providing services on the Project (“subcontractor” in §406.096)–includes all persons orentities performing all or part of the services the contractor has undertaken to perform on the Project,regardless of whether that person contracted directly with the contractor and regardless of whether that personhas employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishedpersons to provide services on the Project. “Services” include, without limitation, providing, hauling, ordelivering equipment or materials, or providing labor, transportation, or other service related to a Project.“Services” does not include activities unrelated to the Project. “Services” does not include activities unrelatedto the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

11.5.2 The Contractor and each subcontractor shall provide coverage, based on proper reporting ofclassification codes and payroll amounts and filing of any coverage agreements, which meets the statutoryrequirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providingservices on the Project, for the duration of the Project.

11.5.3 The Contractor and each subcontractor must provide a certificate of coverage to the Ownerprior to being awarded the contract.

11.5.4 If the coverage period shown on the Contractor’s and each subcontractor’s current certificateof coverage ends during the duration of the Project, file a new certificate of coverage with the Owner showingthat coverage has been extended.

11.5.5 The Contractor and each subcontractor shall obtain from each person providing services ona Project, and provide to the Owner:

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(1) a certificate of coverage, prior to that person beginning work on the Project, so the Ownerwill have on file certificates of coverage showing coverage for all persons providing serviceson the Project; and

(2) no later than seven days after receipt by the Contractor or a subcontractor, a new certificateof coverage showing extension of coverage, if the coverage period shown on the currentcertificate of coverage ends during the duration of the Project.

11.5.6 The Contractor and each contractor shall retain all required certificates of coverage for theduration of the Project and for one year thereafter.

11.5.7 The Contractor and each subcontractor shall notify the Owner in writing by certified mailor personal delivery, within 10 days after the Contractor and subcontractor knew or should have known, ofany change that materially affects the provision of coverage of any person providing services on the Project.

11.5.8 The Contractor and each subcontractor shall post on each Project site a notice, in the text,form and manner prescribed by the Texas Workers’ Compensation Commission, informing all personsproviding services on the Project that they are required to be covered, and stating how a person may verifycoverage and report lack of coverage.

11.5.9 The Contractor and each subcontractor shall contractually require each person with whomit contracts to provide services on a Project, to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts andfiling of any coverage agreements, which meets the statutory requirements of Texas LaborCode, Section 401.011(44) for all of its employees providing services on the Project, for theduration of the Project;

(2) provide to the Contractor, prior to that person beginning work on the Project, a certificateof coverage showing that coverage is being provided for all employees of the personproviding services on the Project, for the duration of the Project.

(3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverageshowing extension of coverage, if the coverage period shown on the current certificate ofcoverage ends during the duration of the Project.

(4) obtain from each other person with whom it contracts, and provide to the Contractor:

(a) a certificate of coverage, prior to the other person beginning work on the Project;and

(b) a new certificate of coverage showing extension of coverage, prior to the end of thecoverage period, if the coverage period shown on the current certificate of coverageends during the duration of the Project.

(5) retain all required certificates of coverage on file for the duration of the Project and for oneyear thereafter;

(6) notify the Owner in writing by certified mail or personal delivery, within 10 days after theperson knew or should have know, of any change that materially affects the provision of

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coverage of any person providing services on the Project; and

(7) contractually require each person with whom it contracts, to perform as required byparagraphs (1)–(7), with the certificates of coverage to be provided to the person for whomthey are providing services.

11.5.10 By signing this contract or providing or causing to be provided a certificate of coverage, theContractor is representing to the Owner that all employees of the Contractor who will provide services on theProject will be coverage by workers’ compensation coverage for the duration of the Project, that the coveragewill be based on proper reporting of classification codes and payroll amounts, and that all coverageagreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with thecommission’s Division of Self-Insurance Regulation. Providing false or misleading information may subjectthe contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

11.5.11 The Contractor’s failure to comply with any of these provisions is a breach of contact by theContractor which entitles the Owner to declare the contact void if the Contractor does not remedy the breachwithin ten days after receipt of notice of breach from the Owner.

ARTICLE 12CORRECTION OF WORK

Add the following as subparagraph 12.4:

12.4 If Owner, Contractor and Architect deem it inexpedient to require the correction of workdamaged or not done in accordance with the Contract Documents, an equitable deduction from the ContractSum shall be made by agreement between Contractor and Owner. Until such settlement, Owner maywithhold such sums as Owner deems just and reasonable from moneys, if any, due Contractor. The settlementshall not be unreasonably delayed by the Owner and the amount of money withheld shall be based onestimated actual cost of the correction to Owner as estimated by Architect.

Add the following as subparagraph 12.5:

12.5 Contractor's express warranty herein shall be in addition to, and not in lieu of, any otherremedies Owner may have under this Agreement, at law, or in equity for defective Work.

ARTICLE 13MISCELLANEOUS PROVISIONS

Delete 13.1 in its entirety and substitute in its place the following:

13.1.1 This Contract shall be governed by the law of the State of Texas.

Delete Article 13.7 in its entirety.

Add the following provisions:

13.8 Liquidated Damages. Owner and Contractor agree that it is not possible to determine theamount of loss which Owner may incur due to delay in completion of the Project. Accordingly, Owner andContractor agree that Contractor shall pay to Owner as liquidated damages, and not as penalty, the amountof $________ per day for each day that the Project is not substantially completed beyond the Substantial

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Completion Date set forth in Section 3.3 of the Agreement. Owner and Contractor agree that the damagesto be suffered by Owner in the event of delay will be difficult to establish and the amount set forth above isa bona fide estimate of the actual damages.

13.9 Governmental Immunity. To the full extent allowed by applicable law, Owner reserves, anddoes not waive, its right to governmental or sovereign immunity from litigation or liability arising out of theTexas Tort Claims Act, the Texas Constitution or applicable common law. This Agreement is not a consentto suit by Owner.

13.10 Attorney’s Fees. To the full extent allowed by law, this Agreement shall not constitute theagreement by Owner to pay attorney’s fees in the event of litigation.

13.11 Criminal History. Contractor shall certify to Owner that any of contractor’s employees orsubcontractors and their employees who will be performing services on campuses or will have direct contactwith students shall be subject to a criminal history check and shall not have a criminal history which isobjectionable to the Owner. Contractor shall submit appropriate information to the Owner in compliance withSection 22.081 et seq., Texas Education Code, regarding criminal history of its employees andsubcontractors’ employees who will have contact with students.

13.12 Tax Exempt. Owner is a public school district which is exempt from all local, state andfederal taxes. Contractor shall assure that all materials purchased do not include local, state or federal taxes.

ARTICLE 14TERMINATION OF THE CONTRACT

Delete paragraph 14.4.3 and include the following in lieu:

14.4.3 In the case of such termination for the Owner’s convenience, the Contractor shall be entitledto payment from the Owner for all work previously performed and completed, for materials delivered to theProject, and for a prorata share of overhead and profit on the Project based on completed Work.

Add as subparagraph 14.5 the following:

14.5 All rights and remedies of Owner herein shall be cumulative, and the exercise by Owner ofany remedy shall not be to the exclusion of any other remedy. Owner shall retain the right to exercise anyand all remedies allowed by law or by this Contract.

ARTICLE 15CLAIMS AND DISPUTES


15.3.4. Notwithstanding anything to the contrary contained herein, there shall be no obligation formandatory mediation. Any disputes arising with respect to the Agreement or the Project may be determinedby mediation, if Owner and Contractor both agree in writing.


15.4.5 Notwithstanding anything to the contrary contained herein, there shall be no obligation formandatory arbitration. Any disputes arising with respect to the Agreement or the Project may be determined

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by arbitration, if Owner and Contractor both agree in writing.

OWNER:

SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT

BY:______________________________ PRESIDENT, BOARD OF TRUSTEES

ATTEST:

______________________________

SECRETARY, BOARD OF TRUSTEES

APPROVED AS FORM AND CONTENT:

______________________________GEORGE LUEVANODIRECTOR OF SUPPORT SERVICESSAN ELIZARIO ISD

APPROVED AS TO FORM:

______________________________LARRY A. BASKINDGENERAL COUNSELSOCORRO ISD

CONTRACTOR:________________________________

BY:____________________________________NAME:__________________________________TITLE:___________________________________

F:\LAB\2013\SEISD\Re\SuppProv.Roof.wpd

AIA®

Document A201TM – 2007 General Conditions of the Contract for Construction


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ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.


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for the following PROJECT: (Name and location or address) «forms» « » THE OWNER: (Name, legal status and address) « »« » « » THE ARCHITECT: (Name, legal status and address) « »« » « » TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES


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INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect’s Additional Services and Expenses 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4

Architect’s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.4.1, 3.1.3, 3.5, 3.10