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HomeMy WebLinkAbout2008-07-22-9:00AM-REGULARp=C Y: OF T _ Sl" ~ v F ~ oG o y■ t j~~ BRAZO S C ~-s{. E 4: 1, BRYAN, TEXE ',=qtr NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT TIIE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET 1N REGULAR SESSION ON 22 JULY 2008 AT 9=00 A_M_ IN -y COMMISSIONERS COURTROOM OF TIME BRA?OS COUNTY COURTHOUSE, 300 E_ 26 STREET, SUITE IIS, BRYAN, TEXAS_ 1 . Invocation and Pledge of Allegiance -Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action oa agenda items 3 - 24= 3_ Budget Amendment 07/08-38.1 thru 07/08-38-8- 4- Personnel Change of Status. 5_ Request from the Pct_ 3 Justice o£ the Peace office for permission to pay A££liated Coxx~tizunications the final payment of $714.56 on the Polycom camera system using JP Technology Funds. 6_ Payment of Claims_ 7_ Request from the Pet_ 2.2 Justice o£ the Peace office for permission to purchase a computer, monitor and additional memory using JP Technology Funds; estimated cost is $713-18- 8. Tarrrmi=atiorn of the Lease with Brazos County Emergency Communications District 9- 1-1, effective 30 April 2008. Offl-f the County Judge - 200 South Texas 1 ~O • Suite 332 - Bryan, Texas 77803 - Fax_ (979) 361-4503 Commissioners Court Agenda 22 July 2008 Page 2 9. Cancellation of the contract with Howell Service Corp. for cleaning services of the Justice of the Peace Pct. 2.2 office. This department will be moving to the County Administration Building and, therefore, will no longer need their services. 10. Contract with Greenway Constructors, Inc. in the amount of $133,900.00 to complete the construction needed on the temporary buildings at Juvenile Services. 11. Revision of Section 1.02.3 to the County Employee Manual regarding Temporary Employees, as follows: Temporary employees are not entitled to the county's fringe benefits other than worker's compensation and, in some instances, unemployment insurance. 12. Revision of Section 2.03.1 to the County Employee Manual regarding holiday pay, as follows: All full-time regular and part-time regular employees shall be eligible for the paid holiday benefit (not including Temporary employees). 13. Request to reclassify the Coliseum Complex Director Class 0825-1 from group 29 step 14 to group 34 step 4, change the title of the position to Director of Special Event Facilities and change the funding to 50% from the General Fund and 50% from the Hotel Occupancy Tax Fund. This change is to be effective October 1St, 2008. 14. Request to create a new position titled Director - Expo Complex, at a group 29. The step will be determined based on the qualifications of the applicant selected and would begin effective October lst, 2008. Job class to be assigned by Human Resources. 15. Create a Marketing Coordinator position at the Expo Complex, at a group 26, step to be determined based on the qualifications of the applicant selected. Position is to be paid from Hotel Occupancy Tax fund and to begin immediately. Job class to be assigned by Human Resources. 16. Request from the Expo Complex for permission to amend the policy for off duty officers working special events at the Expo Complex to include the use of approved private security companies to provide overnight security service (11:00 pm - 6:00 am; after the event is over for the evening and before it starts the next morning). 17. Out of state travel request from the Bryan/College Station Metropolitan Planning Organization for Linda LaSut to attend the Federal Highway Administration and Federal Transportation Administration Summer 2008 Workshop in Denver, Colorado; dates of travel are 13-16 August 2008. 18. Tax Refund Applications for the following: a. Brincalcade LTD b. Edith Natalie Austin Andruss c. Stephen Paul Price & Glenn A. & Carol G d. Bobby L. Holiday e. Carl Riggs (2) f. Tauber Exploration & Production Co. p ill Commissioners Court Agenda 22 July 2008 Page 3 19. Treasurer's Report for the Month of May, 2008. 20. Change in the effective date that room 106 of the County Administration Building will become the Brazos County Commissioners Courtroom from 7/29/08 to 8/05/08. 21. Requisition in the amount of $41,786.00 to Caldwell Country Chevrolet for the purchase of trucks for the Brazos Center and Exposition Complex. 22. Requisition in the amount of $7,922.69 to John Deere Co. for the purchase of a riding lawn mower for the Brazos Center. 23. Request from Verizon Communications to construct a road bore and approximately 80 ft. of buried cable installations in the right of way of Greens Prairie Road (work will begin approximately 900 ft. east of Live Oak Street, then extending for a distance of 80 ft. to 60 ft. road bore). Site is located in Precinct 1. 24. Request from Clay Yorek for variance to Brazos County Subdivision and Development Regulations to allow encroachment of the side setback line by 8.36 ft. to accommodate the placement of a building (home structure). Site is located in Precinct 1. 25. Acknowledgement that the Brazos County Tax Office now accepts the American Express Card. 26. Announcement of interest items and possible future agenda topics. 27. Call for citizen input and/or concerns. 28. Agency / Board / Committee reports by Court members. 29. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. 1i0 1 701 COMMISSIONERS' COURT REGULAR MEETING JULY 22, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, July 22, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge asked the Reverend Jones to give the invocation and then the Judge led the pledge of allegiance. Under citizen input/and or concerns, the following spoke: Kristy Roe, Tax Assessor/Collector a) Stated she will be receiving property values this afternoon. The Court next considered Budget Amendment #07/08-38.1 through 38.8 that would reallocate funds for the County Attorney, Justice of the Peace, Precinct 2, Place 2, Human Resources Department, Exposition Center, Brazos Center, Risk Vol 11,0 Page 173 Commissioners Court meeting July 22, 2008 2 Management; recognize a capital asset donation to Commissioners Court, and transfer funds from Road & Bridge Contingency to the Road & Bridge Department. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendments as submitted. A copy of the budget amendments is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was consideration of a request from Justice of the Peace, Precinct 3 for permission to pay Affiliated Communications the final payment on the Polycom camera system using JP Technology Funds. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request to pay Affiliated Communications $714.56 using JP Technology Funds. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7051977 through 7052264 Vol [10 Page 114 Commissioners Court meeting July 22, 2008 3 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a request from the office of Justice of the Peace, Precinct 2, Place 2 for permission to purchase a computer, monitor and additional memory using JP Technology Funds. The cost of the items is $713.18. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered the termination of the lease with Brazos County Emergency Communications District 9-1-1. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the notice of termination of lease to be effective April 30, 2008. The next matter before the Court was the cancellation of the contract with Howell Service Corporation for cleaning services for the Justice of the Peace, Precinct 2 Place 2 office. The Justice of the Peace, Precinct 2, Place 2 offices will be moving to the County Administration Building and will no longer require the services of Howell Service Corporation. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Vol [ID Page (15 Commissioners Court meeting July 22, 2008 4 cancellation of the cleaning service contract with Howell Service Corporation. The Court next considered a contract with Greenway Constructions, Inc. in the amount of $133,900.00 to complete the construction needed on the temporary buildings at the Juvenile Services facility. Substantial completion shall be no later than sixty (6) days subject to adjustment by change order. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the contract with Greenway Constructions, Inc. and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was the revision of Section. 1.02.3 to the County Employee Manual concerning Temporary Employees. Currently the Employee Manual has differing statements on whether Temporary employees are entitled to holiday pay. The revision to Section 1.02.3 Temporary is as follows: Old: Temporary employees are not entitled to the county's fringe benefits other than holiday leave, workers compensation and in some instances, unemployment insurance. New: Temporary employees are not entitled to the county's fringe benefits other than workers compensation and in some instances, unemployment insurance Vol 110 Page I~ (Q Commissioners Court meeting July 22, 2008 5 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change. The Court next considered revision of Section. 2.03.1 to the County Employee Manual concerning Eligibility. The revision to Section 2.03.1 Eligibility is as follows: Old: All full time regular and part time regular employees shall be eligible for the paid holiday benefit. New: All full time regular and part time regular employees shall be eligible for the paid holiday benefit (not including Temporary employees). On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the change. The next matter before the Court was consideration of the reclassification of the Coliseum Complex Director. The request is to reclassify the Coliseum Complex Director Class 0825-1 from Group 29 Step 14 to Group 34, Step 4, change the title of the position to Director of Special Event Facilities and change the funding to 50% from the General Fund and 50% from the Hotel Occupancy Tax Fund. This is to become effective October 1, 2008. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the reclassification of the Coliseum Complex Director. A copy of the job description is attached. Vol 110 Page 117 Commissioners Court meeting July 22, 2008 6 The Court next considered a request to create a new position titled Director-Expo Complex, at a group 29. The step will be determined based on the qualifications of the applicant selected. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the creation of a new position titled Coliseum Complex Director. This is to become effective October 1, 2008. A copy of the job description is attached. The Court next considered a request to create a Marketing Coordinator position at the Expo Complex. The position would be at a Group 26 with the step being determined based on the qualifications of the applicant selected. The position is to be paid from the Hotel Occupancy Tax fund and to begin immediately. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the creation of a Marketing Coordinator position at the Expo Complex. A copy of the job description is attached. The next matter before the Court was consideration of a request from the Director of the Expo Complex for permission to amend the policy for off duty officers working special events at the Expo Complex. The Director is asking to include the use of approved private security companies to provide overnight security service 11:00p.m.-6:00a.m after the event Vol 110 Page (-79 Commissioners Court meeting July 22, 2008 7 is over for the evening and before it starts the next morning. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization seeking approval for out of state travel for the Director, Linda LaSut to travel to Denver, Colorado to attend the FHWA/FTA Summer 2008 Workshop August 14, 2008 on "Advancing Management and Operations and the Congestion Management Process in Metropolitan Transportation Planning." On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Metropolitan Planning Organization and approved payment of out of state travel expense for Ms. Linda LaSut. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Brincalcade LTD, over payment $4,534.88 b. Edith Natalie Austin Andruss, over payment $1,572.49 c. Stephen Paul Price & Glenn A. & Carol G, over payment $1,314.66 d. Bobby L. Holiday, over payment $65.95 e. Carl Riggs (2), over payment $94.13, and $31.46 f. Tauber Exploration & Production Co., over payment $235.36 Vol 00 Page 119 Commissioners Court meeting July 22, 2008 8 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for May 2008. A copy is attached to and made a part of these minutes. The next matter before the Court was consideration of a change in the effective date that room 106 of the County Administration Building will become the Brazos County Commissioners Courtroom. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to change the effective date from July 29, 2008 to August 5, 2008. The Court next considered approval of a requisition in the amount of $41,786.00 to Caldwell Country Ford for the purchase of two (2) trucks for the Brazos Center and Exposition Complex. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter before the Court was consideration of a requisition in the amount of $7,922.69 to John Deere Company Vol HO O Page 19 D Commissioners Court meeting July 22, 2008 9 for the purchase of a John Deere Riding Lawn Mower for the Brazos Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The Court next considered the request from Verizon Communications to construct a road bore and approximately 80 feet of buried cable installations in the right-of-way of Greens Prairie Road. The work will begin approximately 900 feet east of Live Oak Street then extend for a distance of 80 feet to a 60 foot road bore. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of a request from Clay Yorek for variance to the Brazos County Subdivision and Development Regulations to allow encroachment of the side setback line by 8.36 feet to accommodate placement of a building (home structure). The site is located in Precinct 1. On motion by Commissioner Wassermann, seconded by Vol J I D Page g l Commissioners Court meeting July 22, 2008 10 Commissioner Peters, the Court voted unanimously to approve the request for variance. The Court next acknowledged that the Brazos County Tax Office now accepts the American Express Card. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Kay Hamilton, Treasurer a) Thanked everyone for how smoothly her entire office was moved from the Courthouse to the Administration Building. She thanked the Sheriff, Auditor, Building Maintenance, Information Technology Department and the Purchasing Department. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He met with the Intergovernmental Committee yesterday and they discussed animal control, MPO or planning for smaller counties, reactivating sister city organization between cities, modify existing smoking ordinances, and meeting with the Chamber of Commerce to discuss the next trip to Washington, D.C. and what issues they will be presenting to our representatives. Commissioner Wassermann Vol 110 Page ( 9-A Commissioners Court meeting July 22, 2008 a) He has had 20 meetings on the issue of dangerous dogs and has found that cities do have the power to change the law on dangerous dogs. The goal is to bring to both cities a recommendation on dangerous dogs by September. Then they will look at the County policy. County Judge a) Asked about the issue between the cities on the Brazos Valley Solid Waste Management contract. Commissioner Mallard said that there had been no dialogue, but he has been told by both mayors that it will be resolved. 11 There being no further business to come before the Court, the meeting was adjourned. Vol 110 Page 193. The foregoing minutes of the Commissioners Court meeting held July 22, 2008 have been examined and are approved in open Court this the Brazos County, Randy S County/ xas. day of Duane Peters Commissioner, Precinct 2 Carey C uley, Jr. Commissioner, Precin t 4 Attest: Z CNLG K ren McQueen County Clerk , 2008, in Bryan, XA.,Ije 64, Lloyd ssermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol J I D Page 184 r BRAZOS COUNTY COMMISSIONERS COURT qvl ,t0o) MEETING ON 200YAT Name Organ ization/Dep meet ~ Ax-~)4 t r l ~ V C'V t L r 130 , tcc r 77- a i[0 I. r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 AT ,'d 0d I /D I' Kb BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-38.1 thru 07/08-38.8 On this the 22nd day of July 2008 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22 July 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22nd day of July 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 110 197 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 38.1 7/22/2008 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 18000100 59100000 CR DDEA 360.00 0100 18000100 67281000 DR Equipment-Electronic 360.00 County Attorney To reallocate funds to provide for the purchase of a fax machine. Prepared Bj~ ~ ~ ~ , Z Q [U County Judg " pprovaC Date= BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 38.2 7/22/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24201200 59100000 CR DDEA 380.00 0100 24201200 67050000 DR A liances 380.00 Justice of the Peace, Pct.#2.2, Munoz: I I I I --:::i To reallocate funds to allow for the purchase of a refrigerator. Date fj°11A A 20 d , 1,10 1gq Coul~y~"~13' a Appro~al3 x - safe; r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 38.3 7/22/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 CR Contingency 128,374.00 0100 56001000 65250000 DR Diesel 92,959.00 0100 56001000 65350000 DR Gasoline 35,415.00 Road & Bridge: To reallocate funds to allow for the increased expenditure in diesel and gasoline fuel. FIN` 116 190 BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 07108 - 38.4 7199i9nnR FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 15000100 59100000 CR DDEA 350.00 0100 15000100 67050000 DR Appliances 350.00 Human Resources: To reallocate funds to allow for the urchase of a refri erator. P e yy F+ rwr,4R'! Q »`,'i._....~'N.M.L~n.%I~eruli~,t`"3 5 0 (1,0 1q, ► BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 38.5 7/22/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 46024000 CR Donations - Capital Asset 10,600.00 0100 11000100 80010000 DR Capital Asset - Donated 10,600.00 Commissioners' Court: To recognize a capital asset item donated from Mr. Jason Galvez. The donation, a framed U.S. flag with the name of everyone killed in the 9-11 attacks, was accepted by the Commissioners' Court on 6/12/08. =190 - a£ ~y .,WW 0 1 q;k 11 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 38.6 7/22/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36000100 59100000 CR DDEA 18,030.00 0100 36000100 80890000 DR Vehicles 18,030.00 Expo Center To reallocate funds to allow for the purchase of a 2008 Chevrolet 1/2 Ton Silverado Reg. Cab. ~ ►0 1 t3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 38.7 7/22/2008 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 59100000 CR DDEA 31,678.69 0100 36500100 80890000 DR Vehicles 23,756.00 0100 36500100 80286000 DR Equipment - Other 7,922.69 Brazos Center To reallocate funds to allow for the purchase of a truck and a riding mower. 1 1. Pr .11 r By ~ r7 fic = ~a~e - 7/1~72~Q8~ 110 Iq4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 38.8 7/22/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12500100 59100000 CR DDEA 1,160.00 0100 12500100 67050000 DR Appliances 800.00 0100 12500100 67281000 DR Equipment - Electronic 360.00 Risk Management: To reallocate funds to allow for the purchase of a refrigerator and a fax machine. 110 1 6 r-1 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 22, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Courthouse Security Todd, Irvin Retirement Exposition Complex Quarles, James Termination Juvenile Services Baxter, Lonnie Resignation Carroll, Stephen Termination Road and Bridge Robertson, Jeremaine New Hire Tax Office Berry, Jennifer Resignation Ott, Carrie New Hire Simpson, Yvonne New Hire Approved in Commissioners' Court: July 22, 2 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) jal- 110 /W - pr.; . t Z. 1A Document A105 1993 Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a STIPULATED SUM This AGREEMENT is made: I (Date)July 14, 2008 ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its completion. The author may also Brazos County have revised the text of the original 300 East 26`s Street AIA standard form. An Additions and Bryan, Texas 77803 Deletions Report that notes added information as well as revisions to and the the standard form text is available (Paragraphs deleted) from the author and should be Contractor: reviewed. A vertical line in the left margin of this document indicates Greenway Constructors, Inc. where the author has added Box 11184 P O necessary information and where . . College Station, Texas 77845 the author has added to or deleted from the original AIA text. for the following Project: This document has important legal consequences. Consultation with an Brazos County Juvenile Justice Center attorney is encouraged with respect 1904 Hwy 21 W to its completion or modification. Bryan, Texas 77803 The Architect is: Not Applicable The Owner and Contractor agree as follows. Init AIA Document A1057" -1993. Copyright ®1993 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 ALA software / at 2127:08 on 07121/2008 under Order No.1000358556_1 which expires on 6/2/2009, and is not for resale. tear Netns. (1560451569) I a ►a-7 ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the project. The Contract Documents consist of: .1 this Agreement signed by the Owner and Contractor; .2 AIA Document A205, General Conditions of the Contract for Construction of a Small Project, current edition; .3 the Drawings and Specifications prepared by the Architect, dated June 04, 2008 , and enumerated as follows: Drawings: Number Title Date Building No. 1 72 x 56 6/4/2008 Building No. 2 80 x 56 6/4/2008 Specifications: Section Title Pages Scope of Work Remodel of Relocated Two Buildings .4 addenda prepared by the Architect as follows: Number Date Pages .5 written change orders or orders for minor changes in the Work issued after execution of this Agreement; and .6 other documents, if any, identified as follows: ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than * Sixty (60) days , subject to adjustment by Change Order. (Insert the date or number of calendar days after the date of commencement.) * Work will be completed within 60 days from the Date of the Notice to Proceed from the Owner, receipt of the building permit from the Owner and Owner furnished power to the project site. ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions by Change Order, the Contract Sum is: One Hundred Thirty Three Thousand Nine Hundred Dollars and Zero Cents 133,900.00 ) and includes a 100% Payment Bond of the total contact sum and 100% Performance Bond of the total contract sum. § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: Portion of Work Attached Value 0.00) $133,900.00 § 3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor as follows: (Here insert payment procedures and provisions for retainage, if any.) Init AIA Document A105n -1993. Copyright 01993 by The American Institute of Architects. AN rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 2 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 2127:08 on 07/21/2008 under Order No. 10003585561 which expires on 6122009, and is not for resale. User Notes: f Q (1560451569) ~ l ~ V Payment requests will be made monthly to the Owner for the work completed during that month on or before the last working day of the month to be paid on or before the 10th of the month following. Five (5) percent retainage to be held on work in place. A breakdown of the Schedule of Values will be submitted to the Owner prior to the initial request for payment. § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of Zero percent ( 0.00% ) per annum , or in the absence thereof, at the legal rate prevailing at the place of the Project. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.) ARTICLE 5 INSURANCE § 5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows: (Insert specific insurance required by the Owner.) Type of insurance *General Liability **Worker's Compensation Limit of liability 0.00) $1,000,000.00 $1,000,000.00 * General Liability policy will name Owner as additional insured. Worker's Compensation policy will have a waiver of subrogation in favor of the Owner. § 5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows: (Insert specific insurance furnished by the Owner.) Type of insurance Limit of liability 0.00) § 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Section 3.12 of AIA Document A205, General Conditions of the Contract for Construction of Small Projects. § 5.4 Certificates of insurance shall be provided by each party showing their respective coverages prior to commencement of the Work. ARTICLE 6 OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below.) § 6.1 APPROPRIATIONS AND AUTHORIZATIONS § 6.1.1 This contract is contingent upon sufficient appropriations and authorizations being made for performance of this Contract by the County Commissioners of the County of Brazos and/or, if state funds are involved, the Legislature of the State of Texas. If sufficient appropriations and authorizations are not made in this or future fiscal years, this Contract shall terminate upon written notice by Owner to Contractor. Such termination shall be without penalty to the Owner and Owner shall have no duty to reimburse Contractor for expenditures made in the performance of this Contract. Owner is expressly not committed to expenditure of any funds until such time as they are programmed, budgeted, encumbered and approved for expenditure by Owner. § 6.4 RECORDS AND INSPECTIONS § 6.4.1 To the extent their books and records relate to (i) their performance of this Contract or (ii) cost or pricing data (if any) set forth in this Contract, Contractor agrees to maintain such books and records during the term of this Contract and for a period of four (4) years from the date of final payment. § 6.5 CONFLICT OF INTEREST § 6.5.1 Contractor represents that it has no and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of its obligations under this Contract. lnlt AIA Document A105"' -1993. Copyright 01993 by The American Institute of Architects. All rights reserved. WARNING: This Ale 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 ALA software / at 21:27:08 on 07/21/2008 under Order No. 10003585561 which expires on 6/212009, and is not for resale. User Notes: (1560451569) ~'V I I~ § 6.6 EQUAL OPPORTUNITY COMPLIANCE § 6.6.1 Contractor agree to abide by all Federal, State and local laws, ordinances and rules and regulations pertaining to equal opportunity and unlawful discrimination. Without in an any way limiting the foregoing general obligation, Contractor specifically agrees not to discriminate against any person with regard to employment with Contractor or participation in any program or activity offered pursuant to this Agreement on the grounds of race, age, religion, color, natural origin, ancestry, sex, physical or mental handicap, serious mental condition, spousal affiliation, sexual orientation or gender identity. § 6.6.2 Contractor acknowledges and agree that failure to comply with this Section shall constitute a material breach of this Agreement. § 6.8 TEXAS TORT CLAIMS ACT § 6.8.1 No provision of this Agreement modifies or waives any sovereign immunity or limitation of liability enjoyed by County or its "public employees" at common law or under the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE ANN. Section 101.057, et.seq. This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warning statements above the signatures.) OWNER (Signatur CONTRACT (Signature) Brazos Coun Jud a Rand Sims Stephen P. Byrne, President (Printed a and title) (Printed name and title) LICENSE NO.: JURISDICTION: Init AIA Document A105n -1993. Copyright ®1993 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 AIAe Document, or any portion of 1% 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 21:27:08 on 07/2112008 under Order No. 10003585561 which expires on 6122009, and is not for resale. User Notes: (1560451569) 0 R©® Additions and Deletions Report for AIA Document A 105'm -1993 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 21:27:08 on 07/21/2008. PAGE1 (Da~ekQate guly 14, 2008 Brazos County 300 East 261h Street Bryan, Texas 77803 and the Eeatmoer Contractor: Crreenway Constructors. Inc. P.O. Box 11184 College Station. Texas 77845 Brazos County Juvenile Justice Center 1904 Hwy 21 W Bryan. Texas 77803 Not Applicable PAGE 2 .3 the Drawings and Specifications prepared by the Architect, dated June 04, 2008 , and enumerated as follows: Building No. 1 72 x 56 6/4/2008 Building No. 2 80 x 56 6/4/2008 Scope of Work Remodel of Relocated Two Buildings Additions and Deletions Report for AIA Document A105TM -1993. Copyright ®1993 by The American Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al e 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 21:27:08 on 07/2112008 under Order No.1000358556_1 which expires on 6/2/2009, and is not for resale. User Notes: 11b o101 (1560451569) The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than * Six (t 0) days , subject to adjustment by Change Order. * Work will be com~leted within 60 days from the Date of the Notice to Proceed from the Owner, receipt of the building permit from the Owner and Owner furnished power to the project site. One Hundred Thirty Three Thousand Nine Hundred Dollars and Zero Cents 133,900.00) and includes a 100% Payment Bond of the total contact sum and 100% Performance Bond of the total contract sum. Attached PAGE 3 $133,900.00 Payment requests will be made monthly to the Owner for the work completed during that month on or before the last working day of the month to be paid on or before the 10th of the month following. Five (5) percent retainage to be held on work in Qace A breakdown of the Schedule of Values will be submitted to the Owner prior to the initial request for payment. § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of Zero percent ( 0.00%) per annum , or in the absence thereof, at the legal rate prevailing at the place of the Project. *General Liability $1,000,000.00 **Worker's Compensation $1,000.000.00 * General Liability policy will name Owner as additional insured. Worker's Compensation policy will have a waiver of subrogation in favor of the Owner. S 6.1 APPROPRIATIONS AND AUTHORIZATIONS 4 6.1 .1 This contract is contingent upon sufficient appropriations and authorizations being made for performance of this Contract by the County Commissioners of the County of Brazos and/or, if state funds are involved, the Lep-islature of the State of Texas If sufficient appropriations and authorizations are not made in this or future fiscal years this Contract shall terminate upon written notice by Owner to Contractor. Such termination shall be without penalty to the Owner and Owner shall have no duty to reimburse Contractor for expenditures made in the performance of this Contract. Owner is expressly not committed to expenditure of any funds until such time as they are programmed budgeted encumbered and approved for expenditure by Owner. 4 6.4 RECORDS AND INSPECTIONS § 6 .4.1 To the extent their books and records relate to (i) their performance of this Contract or (ii) cost or pricing data (if any) set forth in this Contract. Contractor agrees to maintain such books and records during the term of this Contract and for a period of four (4) years from the date of final payment. 46.5 CONFLICT OF INTEREST Additions and Deletions Report for AIA Document Al 05T11 -1993. Copyright ®1993 by The American Institute of Architects. All rights reserved. WARNING: This AIAe 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 21:27:08 on 07/21/2008 under Omer No.1000358556_1 which expires on 6/2/2009, and is not for resale. User Notes: i I b 0i 0 a (1560451569) § 6 .5.1 Contractor represents that it has no and shall not acquire any interest direct or indirect, that would conflict in any manner or degree with the performance of its obligations under this Contract. 4 6.6 EQUAL OPPORTUNITY COMPLIANCE $ 6 .6.1 Contractor agree to abide by all Federal State and local laws ordinances and rules and regulations pertaining to equal opportunity and unlawful discrimination Without in an any way limiting the foregoing general obligation, Contractor specifically agrees not to discriminate against any person with regard to employment with Contractor or participation in any program or activity offered pursuant to this Aueement on the grounds of race age, religion, color, natural origin ancestrysex &ysical or mental handicap serious mental condition, spousal affiliation, sexual orientation or gender identity. § 6 6 2 Contractor acknowledges and agree that failure to comply with this Section shall constitute a material breach of this Agreement. 4 6.8 TEXAS TORT CLAIMS ACT 4 6 .8.1 No provision of this Agreement modifies or waives any sovereign immunity or limitation of liability enjoyed by County or itsRublic employees" at common law or under the Texas Tort Claims Act, TEX. CIV. PRAC. & REM CODE ANN. Section 101.057, et.seg. PAGE 4 Brazos County Judge Randy Sims Stephen P. Byrne, President Additions and Deletions Report for AIA Document A105"' -1993. Copyright ®1993 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 ALA software at 21:27:08 on 07/21/2006 under Order No.1000356556_1 which expires on 6!2/2009, and is not for resale. User Notes: (1560451569) Certification of Document's Authenticity AIA® Document D401 TM - 2003 I, Stephen P. Byrne, 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 21:24:18 on 07/21/2008 under Order No. 1000358556_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 A205Tm -1993 - General Conditions of the Contract for Construction of a Small Project, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. A," (Title) ?IZti0& (Dated) AIA Document D401 TM - 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 21:24:18 on 07/21/2008 under Order No.1000358556_1 which expires on 6/2/2009, and is not for resale. User Notes: (1416757369) AIA Document A205'- 1993 General Conditions of the Contract for Construction of a Small Project for the following PROJECT: (Name and location or address): Brazos County Juvenile Justice Center 1904 Hwy 21 W Bryan, Texas 77803 THE OWNER: (Name and address): Brazos County 300 East 26 b Street Bryan, Brazos County, Texas 77803 THE ARCHITECT: (Name and address): Not Applicable ADDI710NS AND DELE71ONS: 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 Addttions 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. ARTICLE 1 GENERAL PROVISIONS This document has important legal § 1.1 THE CONTRACT consequences. Consultation with an The Contract represents the entire and integrated agreement between the parties and attorney is encouraged with respect supersedes prior negotiations, representations or agreements, either written or oral. The to its completion or modification. Contract may be amended or modified only by a written modification. § 1.2 THE WORK The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor's obligations. § 1.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. § 1.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier for other projects or for additions to this project outside the scope of the Work without the specific written consent of the Owner and Architect. ARTICLE 2 OWNER § 2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.1.1 If requested by the Contractor, the Owner shall furnish and pay for a survey and a legal description of the site. Init AIA Document A205'"' -1993. Copyright ®1993 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 21X4:18 on 07/21/2008 under Order No.1000358556_1 which expires on 61212009, and is not for resale. Its r Nnta - (1416757369) i_I 065 § 2.1.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments and charges. § 2.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. § 2.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to cant' out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due the Contractor. § 2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 2.4.1 The Owner reserves the right to perform construction or operations related to the project with the Owner's own forces, and to award separate contracts in connection with other portions of the project. § 2.4.2 The Contractor shall coordinate and cooperate with separate contractors employed by the Owner. § 2.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the parry responsible therefor. ARTICLE 3 CONTRACTOR § 3.1 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Architect. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. § 3.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work. The Architect will promptly reply to the Contractor in writing if the Owner or the Architect, after due investigation, has reasonable objection to the subcontractors or suppliers listed. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. § 3.4.2 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. Init. AIA Document A20ST" -1993. Copyright ®1993 by The American Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 2124:18 on 07/2112008 under Order No.1000358556_1 which expires on 6/22009, and is not for resale. User Notes: ©j (1416757369) § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. § 3.7 PERMITS, FEES AND NOTICES § 3.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. § 3.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations. § 3.8 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 3.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner. § 3.10 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 3.11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. § 3.12 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, 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. ARTICLE 4 ARCHITECT'S ADMINISTRATION OF THE CONTRACT § 4.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2 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 Work. § 4.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. § 4.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor. snit AIA Document A2057' -1993. Copyright ®1993 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 AIAe 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 2124:18 on 07/21/2008 under Order No.1000358556_1 which expires on 6/2/2009, and is not for resale. User Notes: (1416757369) § 4.5 The Architect will have authority to reject Work that does not conform to the Contract Documents. § 4.6 The Architect will promptly review and approve or take appropriate action upon 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. § 43 The Architect will promptly interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. § 4.6 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.9 The Architect's duties, responsibilities and limits of authority as described in the Contract Documents will not be changed without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 5 CHANGES IN THE WORK § 5.1 After execution of the Contract, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 5.2 A Change Order shall be a written order to the Contractor signed by the Owner and Architect to change the Work, Contract Sum or Contract Time. § 5.3 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be written orders and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly- § 5.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 6 TIME § 6.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 6.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. ARTICLE 7 PAYMENTS AND COMPLETION § 7.1 CONTRACT SUM The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 7.2 APPLICATIONS FOR PAYMENT § 7.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require and reflecting retainage if provided for elsewhere in the Contract Documents. § 7.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Irtit AIA Document A205TM -1993. Copyright ®1993 by The American Institute of Architects. All rights reserve. WARNING: This AIAe 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 21:24:18 on 07/21/2008 under Order No.1000358556_1 which expires on 602009, and is not for resale. User Notes: (1416757369) IID ,.r 0109 Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 7.3 CERTIFICATES FOR PAYMENT The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. § 7.4 PROGRESS PAYMENTS § 7.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. § 7.4.2 The Contractor shall promptly pay each Subcontractor and material supplier, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such entities' portion of the Work. § 7.4.3 Neither the Owner nor the Architect shall have responsibility for the payment of money to a Subcontractor or material supplier. § 7.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. § 7.5 PERFORMANCE BOND AND PAYMENT BOND § 7.5.1 As required by Tex.Gov't Code ann. Chapter 2253.021, the Contractor shall furnish bonds covering the faithful performance of the Contract and payment and all obligations arising there under. Bonds shall be issue by a surety authorized to conduct business in the State of Texas and who is approved in federal circular 570 as published by the U.S. Treasury Department. § 7.5.2 The Contractor shall deliver the required bonds to the County not later than seven (7) days following the date of the execution of the Contract. § 7.5.3 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. § 7.5.4 The bonds shall be dated on or after the date of the Contract. § 7.5.5 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. (Paragraphs deleted) § 7.6 SUBSTANTIAL COMPLETION § 7.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 7.6.2 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 7.7 FINAL COMPLETION AND FINAL PAYMENT § 7.7.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. Init. AIA Document A205TM -1993. Copyright ®1993 by The American Institute of Architects. All rights reserve. 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 2124:18 on 07/21/2008 under Order No.1000358556_1 which expires on 612/2009, and is not for resale. User Notes: (1416757369) _l I ~ o?D~1 § 7.7.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract. § 7.7.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. (Paragraph deleted) ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY § 8.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 9 CORRECTION OF WORK § 9.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. § 9.2 In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of one year after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. § 9.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it and the Contractor shall reimburse the Owner for the cost of correction. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 10.2 TESTS AND INSPECTIONS § 10.2.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. § 10.2.2 If the Architect requires additional testing, the Contractor shall perform these tests. § 10.2.3 The Owner shall pay for tests except for testing Work found to be defective for which the Contractor shall pay. § 10.3 GOVERNING LAW The Contract shall be governed by the law of the place where the project is located. ARTICLE 11 TERMINATION OF THE CONTRACT § 11.1 TERMINATION BY THE CONTRACTOR If the Owner fails to make payment when due or substantially breaches any other obligation of this Contract, following seven days' written notice to the Owner, the Contractor may terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, construction equipment and machinery, including reasonable overhead, profit and damages. § 11.2 TERMINATION BY THE OWNER § 11.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 111it AIA Document A205TM -1993. Copyright ®1993 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 6 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 21:24:18 on 07/21/2008 under Order No.1000358556_1 which expires on 602009, and is not for resale. User Notes: ® (1416757369) ] , . .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. § 11.2.2 When any of the above reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may: .1 take possession of the site and of all materials thereon owned by the Contractor; .2 finish the Work by whatever reasonable method the Owner may deem expedient. § 11.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 11.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 11.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. § 11.3 STATUS OF THE CONTRACTOR The Contractor and its officers, directors, officials, agents and employees, are independent contractors performing work of the County and not employees of Brazos County. The Contractor and its officers, directors, officials, agents and employees shall not accrue leave, retirement, insurance, bonding, use of County Vehicles, or any other benefits afforded to employees of Brazos County as a result of this Contract. The Contractor agrees not to purport to bind Brazos County to any obligation not assumed herein by Brazos County unless the Contractor has express written authority to do so, and only within the strict limits of that authority. § 11.4 SUBCONTRACTING The Contractor shall not subcontract any portion of the services to be performed under this Contract nor obligate itself in any matter to any third party without the prior written approval of the County. Once this Contract has been executed, subcontractors identified by the Contractor in the Subcontractors List in the Bid Documents shall be deemed approved in the absence of objection by the County, but only to perform the work identified on the Subcontractors List. Additional work performed by these subcontractors must be approved in writing as specified in this paragraph. § 11.5 NOTICES Unless the County specifies in writing, notices shall and all other matters concerning the work to be performed hereunder or any other matter for which notice of required shall be addressed to the County as follows: Brazos County Judge Randy Sims 200 South Texas Avenue, Suite 332 Bryan, Texas 77802 § 11.5.1 Unless the Contractor shall specify otherwise in writing, notices and all other matters concerning the work to be performed hereunder shall be addressed to the Contractor as follows: Stephen P. Byme, President Greenway Constructors, Inc. P.O. Box 11184 College Station, Texas 77842 § 11.5.2 Any and all notices or other communications required or permitted by this Contract or by law to be served or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given upon the earlier of a) actual receipt by the party to whom directed, or b) three (3) working days subsequent to mailing. Init. AIA Document A205TM -1993. Copyright ®1993 by The American Institute of Architects. All rights reserve. 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 1% 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 2124:18 on 07/21/2008 under Order No.1000358556_1 which expires on 6/2/2009, and is not for resale. User Notes: (1416757369) § 11.5.3 QUALIFICATIONS AND QUALIFICATION STATEMENT The Contractor shall submit to the County, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement. § 11.5.4 MEDIATION Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided in the Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. [nit. AIA Document A205n -1993. Copyright ®1993 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 8 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sottware / at 21:24:18 on 07/21/2008 under Order No.1000358556_1 which expires on 6122009, and is not for resale. User Notes: (1416757369) Additions and Deletions Report for AIA Document A20r -1993 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 21:24:18 on 07/21/2008. PAGE1 Brazos County Juvenile Justice Center 1904 Hwv 21 W Bryan, Texas 77803 Brazos County 300 East 26'h Street Bryan, Brazos County, Texas 77803 Not Applicable PAGE 5 § 7.5 PERFORMANCE BOND AND PAYMENT BOND § 7 .5.1 As required by Tex Gov't Code ann. Chapter 2253.021, the Contractor shall furnish bonds covering the faithful performance of the Contract and payment and all obligations arising there under. Bonds shall be issue by a surety authorized to conduct business in the State of Texas and who is approved in federal circular 570 as published by the U.S. TreasM Department. § 7 5 2 The Contractor shall deliver the required bonds to the County not later than seven (7) days following the date of the execution of the Contract. § 7 5 3 Unless otherwise provided the bonds shall be written on AIA Document A312, Performance and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. S 7.5.4 The bonds shall be dated on or after the date of the Contract. 4 7.5.5 The Contractor shall require the attomey-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. § 7.5.1 SAs4anfial Gemplefien is the stage in the pr-epess of the Ww4 when the WE)Fk eF design d peffieff th its intended use. § 7.6.2 When the Wer-k or- designated pet:fien ther-eef is substanfially eemplete, the Aselikeet %-;H pFepar-e a GeEdfieate of SubstaafiEJ Completion whiek sh&H establish the date of Substanfial GemplefieFq shaH establish the Additions and Deletions Report for AIA Document A205Ta -1993. Copyright ®1993 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® 1 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 ALA software at 21:24:18 on 07/21/2008 under Order No.1000358556 1 which expires on 602009, and is not for resale. User Notes: (1416757369) date of S b r ti l G r1 r: of the We k er- de oate.l ffie the o f tipAe a lw a provided in the § 7.6 FINAL COMPLETION AND FINAL WMENTgUBSTANTIAL COMPLETION § 7.6.1 Upon meeipt of a fiBal Appheafien for- Payment; the Afehkeet will inspeet the War-k. When the A&eMteet Payment.Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 7.6.2 efle-umb ut of the When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial CoWlletion shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 6 7.7 FINAL COMPLETION AND FINAL PAYMENT $ 7 .7.1 Upon receipt of a final Application for Payment. the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. § 7 7 2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract. § 7 7 3 Acceptance of final Qayment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. PAGE 7 Additions and Deletions Report for AIA Document A205*11 -1993. Copyright ®1993 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 21:24:18 on 07/2112008 under Order No.1 0003585561 which expires on 6/2/2009, and is not for resale. User Notes: ~ I ~ ~ ~ ~ (1416757369) § 11.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 411.3 STATUS OF THE CONTRACTOR The Contractor and its officers directors officials agents and employees are independent contractors performing work of the County and not employees of Brazos County. The Contractor and its officers, directors, officials, agents and employees shall not accrue leave retirement insurance bonding use of County Vehicles, or any other benefits afforded to employees of Brazos County as a result of this Contract. The Contractor agrees not to p1nort to bind Brazos County to any obligation not assumed herein by Brazos County unless the Contractor has express written authority to do so and only within the strict limits of that authority. j 11.4 SUBCONTRACTING The Contractor shall not subcontract any portion of the services to be performed under this Contract nor obligate itself in any matter to any third party without the prior wri tt en approval of the County. Once this Contract has been executed subcontractors identified by the Contractor in the Subcontractors List in the Bid Documents shall be deemed approved in the absence of objection by the County, but only to perform the work identified on the Subcontractors List Additional work performed by these subcontractors must be approved in writing as specified in this paragraph. 411.5 NOTICES Unless the County specifies in writing notices shall and all other matters concerning the work to be performed hereunder or any other matter for which notice of required shall be addressed to the County as follows: Brazos County Judge Randy Sims 200 South Texas Avenue. Suite 332 Bryan, Texas 77802 § 11 51 Unless the Contractor shall specify otherwise in writing notices and all other matters concerning the work to be performed hereunder shall be addressed to the Contractor as follows: Stephen P. Byrne. President Greenway Constructors, Inc. P.O. Box 11184 College Station, Texas 77842 § 11 5 2 Any and all notices or other communications required or permitted by this Contract or by law to be served or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given upon the earlier of a) actual receipt by the party to whom directed or b) three (3) working days subsequent to mailing. $11.5.3 QUALIFICATIONS AND QUALIFICATION STATEMENT The Contractor shall submit to the County, upon request a properly executed AIA Document A305 Contractor's Qualification Statement. $11.5.4 MEDIATION Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided in the Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Additions and Deletions Report for AIA Document A205Tr -1993. Copyright ®1993 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa 3 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 ALA software at 21:24:18 on 07/21/2008 under Order No.1000358556_1 which expires on 602009, and is not for resale. User Notes: (1416757369) i (10 .9, Certification of Document's Authenticity AIA® Document D401Tm - 2003 I, Stephen P. Byrne, 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 21:27:08 on 07/21/2008 under Order No. 10003585561 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A105TM - 1993 - Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) PJ14S7-r149--'1- (Title) 7/zz/o AIA Document D401 n - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA7 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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 2127:08 on 07/2112008 under Order No.1000358556_1 which expires on 6/212009, and is not for resale. User Notes: (1560451569) ~~v 0qI~ .75 1 : t C p ~ _ { lf`: CY: P~n^'•~::w - . ~ ~ bti..:~..i~c+!L+•.^.C' ~ ~~.53_^.~' - a ~ t - T 7 wk ~ • 4 s t R b"' SCOPE OF WORK REMODEL OF RELOCATED BUILDINGS Scope of Work: Bldg #1 Division 8 - Openings 1. Install new pre-hung doors and frames to match existing 4 ea 3/0 x 7/0. 2. Install new fire rated door and frame at hallway 3/0 x 7/0. 3. New door hardware. Division 9 - Finishes 1. New walls approximately 8 1 11f, 3 5/8"metal stud framing to 8' ceiling height 2. Gypsum drywall 1296 s/f both sides and cover with paneling to match existing. 3. Wall and ceiling in hallway to be 1 hour rated gypsum drywall. 4. Paint hard ceiling in hallway 136 s/f, 1 primer and 2 paint coats. 5. Demo VCT if necessary and replace with carpet tile 420 sly including 10%. 6. Replace VCT in Restrooms and storage areas approximately 650 s/f with 10%. 7. Remove existing cove base approximately 1160 I/f. Division 10 - Millwork 1. Remove and reset existing 112 I/f of counter tops at standard height. 2. Add 112 I/f new plywood tops to existing base cabinets. 3. Finish cabinet to added space. 4. Provide blocking to new location of existing tops. Division 22 -Plumbing 1. Remove and reinstall 5 ea sinks to new heights. 2. Redo plumbing to accommodate new heights. Division 23 - HVAC 1. Extend refrigerant piping about 56 I/f. 2. Recharge unit with Freon and service. 3. Extend 12 I/f of new duct work. 4. Extend control wiring. Division 26 - Electrical 1. Add 7 ea new 2 x 4 light fixtures, I ea I x 4 light fixture and 2 ea exit lights. 2. Wire and conduit for added light fixtures. 3. Install new 200 amp disconnect, panel and grounding. 4. Approximately 90 I/f of 2" conduit and #310 feeder wire for disconnect and panel. Division 32 Sidewalks 1. Rework and compact existing base for new sidewalk. 2. Install new sidewalk 5'x 200'x6", 1000 s/f, 3. Materials 2" sand cushion 2 1 c/y of concrete and reinforcing rebar. 4. Electrical pad is included in this estimate. - 0Q[q SL SCOPE OF WORK REMODEL OF RELOCATED BUILDINGS SCOPE OF WORK: Bldg #-2 Division 8 - Openings 1. Install new pre-hung doors and kames to match existing 4 ea 3/0 x 7/0. 2. Install new fire rated door and frame at hallway 3/0 x 710. 3. Install 1 ea new 6/0 x 7/0 doors and frame. 4. New door hardware. Division 9 - Finishes 1. New walls approximately 145 1 I/f, 3 5/8"metal stud framing to 10 'ceiling height 2. Gypsum drywall -1450 s/f both sides and cover with paneling to match existing. 3. Wall and ceiling in hallway to be 1 hour rated gypsum drywall. 4. Paint hard ceiling in hallway 304 s/f, 1 primer and 2 paint coats. 5. Demo VCT if necessary and replace with carpet tile 480 s/y including 10%. 6. Replace VCT in Restrooms and storage areas approximately 480 s/f with 10%. 7. Remove existing cove base approximately 1200 I/f. 8. Remove and replace approximately 715 s/f of ceiling grid and tile. Division 10 - Millwork 1. Add new vanity base cabinet with 2 sinks - may be counter top only with exposed plumbing Division 22 -Plumbing 1. Add 2 ea new sink and plumbing. Division 23 - HVAC 1. Extend refrigerant piping about 56 I/f. 2. Recharge unit with Freon and service. 3. Extend 12 1/f off new duct work. 4. Extend control wiring. Division 26 - Electrical 1. Add 4 ea new 2 x 4 light fixtures, 1 ea I x 4 light fixture and 2 ea exit lights. 2. Wire and conduit for added light futures. 3. Install new 200 amp disconnect, panel and grounding. 4. Approximately 120 1/f of 2" conduit and #3/0 feeder wire for disconnect and panel. Division 32 Concrete Landing 1. Rework and compact existing base for new landing area. 2. Install new sidewalk 8'x 18'x 16", 144 s/f. 3. Materials 9 c/y of concrete and reinforcing rebar. Clean up at of job during and after work is complete. General Estimate Summary Estimate Spreadsheet Juvenille Justice Remodeling 06_24_08.xis 7/20/2008 BID ITEM DESCRIPTION OF WORK BID TOTAL Division 2 - SITEWORK Building walks 9545 Base for walks 1448 Division 3 - CONCRETE DIVISION 6 -WOOD AND PLASTICS Wood paneling 2633 Adjust wood tops/install plywood shelf 2507 New bath vanities 790 Refinish wood work 2633 DIVISION 7 - THERMAL AND MOISTURE Wall Insulation/Ceiling Insulation 889 Division 8 - DOORS, WINDOWS & GLASS Metal door frames 3423 Wood doors 5562 Metal window framelglass 474 DIVISION 9 - FINISHES Drywall Partitions 10828 New acoustical ceilings 3291 2 layers at ceiling 3291 Door hardware 6768 Fix existing ceilings 2802 New carpet glue down/demolfloor prep (20 bags) 29260 New vct/base throughout (incl above) 0 Demo existing carpet/base 2468 Painting 3160 DIVISION 15 - MECHANICAL Plumbing 4608 HVAC 15798 DIVISION 16 - ELECTRICAL Electrical per BR 13823 New transformer pad 5266 New light fixtures 2633 COST ADJUSTMENTS TOTAL DIRECT COST GENERAL CONDITIONS PAYROLL ADD ONS SALES TAX PERMITS BUILDERS RISK INSURANCE GENERAL LIABILITY INSURANCE MARGIN TOTAL COST BOND PREMIUM TOTAL BID 1133900 dG qr l3 Brazos County Job Description Class No: Department: Exposition Complex FLSA Status: Exempt Pay Group: 34 Step: 4 Approved Date: Job Title: Director of Special Event Facilities Reports To: Commissioners Court EEOC Category: Officials and Admin. Prepared/Revised Date: July 14, 2008 SUMMARY Responsible for the management oversight of the Exposition Complex and the Brazos Center and the supervision of the Directors for both facilities. Also, responsible for planning and overseeing construction, large scale remodeling and expansion of all special event facilities. Serves as the primary person responsible for all aspects of planning, organizing and establishing a regional fall fair. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Responsible for developing plans, organizing and working with select volunteers and county officials to establish a regional fall fair; Provides management oversight for the overall operation of both the Exposition Complex and the Brazos Center; Consults with the Directors of the Exposition Complex and the Brazos Center in setting goals and objectives and in their development of departmental policies and procedures; Provides leadership and direction in planning and overseeing construction, large scale remodeling and expansion of all special event facilities; Provides training for management personnel in job-related activities and duties as needed; Performs risk management oversight including monitoring the safety and liability risks for both facilities; Approves the preliminary annual budget for both facilities prior to the submission of both to Commissioners' Court for consideration; Exercises discretion and independent judgment as necessary in performance of professional responsibilities; SUPERVISORY RESPONSIBILITIES Responsible for providing supervision for the Directors of the Exposition Complex and the Brazos Center. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individu I with disabilities to perform the essential functions. . APPROVED EDUCATION and/or EXPERIENCE Bachelor's degree plus five years of successful management and supervisory experience in the event management industry; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Some meaningful experience owning/managing livestock or with livestock related activities/events is preferred. KNOWLEGDE OF Methods and practices used in event planning; event management, strategic planning principles and methods; budgeting processes and procedures; supervisory management skills; accounting principles and practices; and personnel policies and procedures. SKILL/ABILITY TO Organize and prioritize tasks to be assigned and completed; supervise, train, evaluate, and motivate employees; develop goals and strategies; read and interpret policy, manuals, and written instructions; balance accounts and approve financial documents; communicate effectively, both orally and in writing; and work effectively and cooperatively with others. CERTIFICATES, LICENSES, REGESTRATIONS None. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as equipment, supplies, books and stacks of records. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. APPROVED: . (10 n 16 ~ dandy Sims, County Judge date Brazos County Job Description Class No: Department: Exposition Complex FLSA Status: Exempt Pay Group: 29 Step: Approved Date: Job Title: Director of the Exposition Complex Reports To: Director of Special Event Facilities EEOC Category: Officials and Admin. Prepared/Revised Date: July 14, 2008 SUMMARY Responsible for overseeing and performing the overall management activities necessary to ensure the safe and appropriate use of the Brazos County Exposition Complex including supervising all departmental personnel. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Develops and administers departmental policies and procedures including setting goals and objectives; Responsible for overseeing the maintenance and use of all Exposition Complex facilities including all buildings and grounds; Supervises departmental personnel, including assigning and reviewing work, conducting performance reviews, interviewing and selecting employees, and recommending and executing personnel actions; Trains department personnel in job-related activities and duties as necessary; Performs risk management duties including monitoring the department's safety and liability risks; Prepares the annual budget for approval by Commissioners' Court, Approves all purchasing; examines and approves all expenditures, and monitors budget; Oversees all departmental activities; Supervises personnel responsible for facility event set-up/tear down and facility/grounds maintenance duties as necessary; Responsible for marketing the Exposition Complex to potential customers on the local, state and national level; Assists customers on the telephone and in person with questions regarding the Exposition Complex facilities; Exercises discretion and independent judgment as necessary in performance of professional responsibilities; Must be willing to work various hours as needed including nights, weekends, holidays, etc.; n ^ ~ APPROVED SUPERVISORY RESPONSIBILITIES Responsible for supervising all departmental personnel, including assigning and reviewing work, conducting performance reviews, recommending and taking personnel actions. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Bachelor's degree plus three years of supervisory experience in a related field is preferred; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Experience in operating tractors with implements (knowledge and experience with dirt work is preferred), related equipment and other types of heavy equipment/machinery. Some meaningful experience owning/managing livestock or with livestock related activities/events is preferred. KNOWLEGDE OF Methods and practices used in event planning; event management, strategic planning principles and methods; budgeting processes and procedures; supervisory management skills; accounting principles and practices; and personnel policies and procedures. SKILL/ABILITY TO Organize and prioritize tasks to be assigned and completed; supervise, train, evaluate, and motivate employees; develop goals and strategies; read and interpret policy, manuals, and written instructions; balance accounts and approve financial documents; communicate effectively, both orally and in writing; and work effectively and cooperatively with others. CERTIFICATES, LICENSES, REGESTRATIONS None. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as equipment, supplies, books and stacks of records. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is c stantly required to work closely with others as a part of a team to perform multiple tasks simu # usly, and switch 110 a ~,5 APPROVED from one task to another. The employee is frequently required to work under time pressures and meet deadlines. Sims, County Judge date NO ddb 115 Class Code: Department: Exposition Complex FLSA Status: Exempt Pay Group: 26 Step: Approved Date: Brazos County Job Description Title: Marketing Coordinator Reports To: Director of the Exposition Complex EEOC Category: Officials and Admin. Prepared Date: July 8, 2008 SUMMARY Primarily responsible for all aspects of marketing for the Brazos County Exposition Complex. Also, assists as necessary in sales, scheduling and coordinating events held at the Exposition Complex. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Performs all marketing functions for the Exposition Complex including serving as the primary team member in making corporate contacts and in negotiating potential naming rights and sponsorship programs; Is responsible for all aspects of marketing all facilities at the Exposition Complex; Markets the Exposition Complex facilities to potential customers on the local, regional, state and national level; Develops and continues a strong outreach program to Texas A&M University; Assists customers on the telephone and in person with marketing and event information at the Exposition Complex; Provides attentive customer service from first contact through follow up after events; Understands travel and tourism trends; Develops comprehensive tools required to build name recognition for the Complex; Develop tools necessary to support marketing and information needs; Assists in selecting and working with an agency to design and produce necessary collateral materials; Initiates and develops an Expo Complex newsletter and distributes Complex event information to local, public and private organizations; Populates a contact database and keeps it updated; Launches a proactive external marketing campaign with targeted sales messages; Designs, writes and distributes marketing/event information, including news releases, to all appropriate electronic and print media; Confers with the Sales Coordinator and the Event Coordinator concerning event scheduling and requirements; APPROVED Exercises discretion and independent judgment as necessary in performing professional responsibilities; Must be willing to work various hours as needed including some nights, weekends, holidays, etc. SUPERVISORY RESPONSIBILITIES Assists in working closely with the Sales Coordinator, Event Coordinator, event personnel and building and grounds personnel (full-time and part-time/temporary), including assigning and reviewing work and recommending personnel actions. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE A Bachelors degree in marketing, management, business administration or a related field plus at least three years of related experience is preferred; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. KNOWLEGDE OF Methods and practices used in marketing event facilities. SKILL/ABILITY TO Operate a computer, including word processing and spreadsheet software; read and interpret policy, manuals, and written instructions; communicate effectively, orally and in writing; and work effectively and cooperatively with co-workers in a team environment. CERTIFICATES, LICENSES, REGISTRATIONS None. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. APPROVED The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. Sims, County Judge date HD aa9 I,/ The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of A.D. 2008 aren McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 22fa(~ day of 20,08./- Randy Sipi(s, County Judge I~ Lloyd assermann, Commissioner Precinct #1 Duane Peters, Commissioner recinct #2 Kenny Mallard, Com is ioner Precinct C ey Caule , Commissioner e in #4 Treasurer's Report for the MONTH of MAY 2008 110 x.30 J N n N M O 10 N 01 M N O N O O l0 n O m n T N O V M m W N ? n O1 O W M W W O ^ N m m m n ~ W T W ' M cy; O m W N m O "i n 1 W 0 m M M ^ O m O ^ m w 0:. l0 2 M a ¢ m r m p D N 01 m L t m O m N t\ m W O W 001 V I mll N n n O m v V . m-r mW l 0 O .r . W O n O H m m V .^r m V l D n m N ti W M V p W i m V W n 1(t V ? : 01 M N N N N Q• m n m m h m n \ q c 01 ` . N \ 1 O (1 N m O m O ~ N n t0n N m n V N W O 'r n N m M 1A m M W O V 1~ M i D' ul ? 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EXCEPT ON THE THIRD TUESDAY OF EACH MONTH WHEN THE COURT WILL MEET AT 6:00 P.M. EFFECTIVE 5 AUGUST 2008, MORNING MEETINGS WILL BE CONDUCTED IN THE NEW COMMISSIONERS COURTROOM, ROOM 106 OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE IN BRYAN, TEXAS UNLESS POSTED OTHERWISE. EVENING MEETINGS WILL BE CONDUCTED AT THE BRAZOS CENTER, 3232 BRIARCREST DRIVE IN BRYAN, TEXAS UNLESS POSTED OTHERWISE. THE COMMISSIONERS COURT WILL MEET FOR THE CONSIDERATION OF SUCH MATTERS AS MAY PROPERLY COME BEFORE THE COURT IN CONNECTION WITH THE BUSINESS OF THE COUNTY. Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503 110 ,R f BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM 03 DEPA RTMENT Road and Bridte NUMBER 56001000 DATE OF COURT MEETING: July 22, 2008 ITEM: Request from Verizon Communications to construct a road bore and approximately 80 ft. of buried cable installations in the right of way of Greens Prairie Road (work will begin approximately 900 ft. east of Live Oak Street then extending for a distance of 80 ft. to 60 ft. road bore). Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope; 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line; 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way; 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer; 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highway, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner Lloyd Wassermann County Engineer Precinct 1 CC2008-052 This Request.is Approved / Denied ❑ by Commissioners' Court Date: 71~kv Randy Sufis, County Judge i~a a33 VERIZON COMMUNICATION Notice of Line Installation JULY 10, 2008 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that GTE SOUTHWEST INC. d/b/a VERIZON SOUTHWEST will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon will place buried cable in and along the row of Greens Prairie Rd 900 feet east of intersection of Live Oak ST. 80 feet of cable will be placed On south side of row. A 60' bore will be made under Greens Prairie Rd to Connect with a 4" pvc place by customer to new building under construction At 4030 Greens Prairie Rd. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after August 5, 2008. VE ON COMMUNICATIONS 5416-3POAOMX iVajdak Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 pia a34 City of Bryan Map Output Page Page 1 of 1 Writ-4 Lejc-cLT« s t~4- 3 P6#6 Mx. 1Io a35 ht[p://ims.bryantx.gov/gis/servlet/com.esri.esrimap.Esrimap?ServiceName--REGIONAL 0... 7/3/2008 OHF"vB 3 ~ ` .414 BAQ' 12000424 - 0 C l.'Q/pR •2000424 (93) • / p i V I M 280482 270' 2423 10 l ge ? . /3 3 ~3 . 1 AKF 200-24 , i cp C21,1001-1150 7S . ~ XDD.151-162 R 3 X21.1163-1171 'yS XDD,172-175 2 ` 021,1201-1225 ONTACT AT NEW BUILDING • COTT ELLIOT 690-7071 + cusPVC m o / p ♦ ~ lS~ \ ` 2 JS` V JN CD / P 1 9 La \ wN 09ls \ iq`` se~ 2053500 eZv !v r ~ ~ ~ / $ •2053500 (PPX-76) ~ (>P <3P0A0MX> M•232212 ~ \ 2G7'2423.10 p m G2 \ / AEF 12-22 [21,1151-1162 <PPX) m PLACE NEW PED OVER a• PvC . s . PLACED BY CUSTOMER. s- 12 PAIR CPBLE KTWEEN PED 3 i \ , e 10 0 an RDr no HAS BEEN ABANDONED. S ` \ a`l' w m m / RECORDS ONL a ~ ~ Y s m 2053501 a 9 ~ ~ . 2053501 (P) (3POAOMX> MP-282425 ` 2emm`m~ ry / ASP 25-240 / m 2~~ Y 0 021.1151-1162 (PP> l , e .ti / ase X00.13-25 (PP> / •11494 m •11494 (76) - M•232212 i ` g50 900'2423.10 AEF 12-22 021,1151-1162 0 i~ 15301 15303 •11486 (81) M•232482 11462 (85) a M•232684 ` 15300 - 1120 2423.10 AEF 200-24 80' 2423.10 •11437 (84) a- M•232225 •11486 a C21.1001-1150 AEF 400-26 151-162 [21,1001-1225 XDD 874' 2423.10 o- AEF 25-22 437 . 021,1163-1171 XDD.226-250 XDD.172 175 XDD,251-300 XD0.301 400 ` S ~ 9 021.11761200 C21,1201-1225 VERIZON CITS AREA STATES rX ALL U G UTILITIES BEFORE DIVISION= SOUTHWEST EXCH.: 5416 REM. CO.: 007 K W.C.: 6900 WO NO.: 3PBABNx CONTROL NUMBER: U C T I 0 N BEGINS L" TITLE: PL CA.HO SUPPLY TAX DST.: 4500+ . . m TWPi RNG.s SEC.s SALs XXX uranc~ GATE: 07/09/08 EV . DATE: CALEW-100.00• SPRING CREEK EXPOSE O FILE= W P 1 ORWN ENO GPR GPR APRVD PRINT 1 OF 1 110 d3~