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HomeMy WebLinkAbout2010-02-09-9:00AM-REGULAR8.6 BRAZOS COUNTY COMMISSIONERS COURT v X3 NOTICE OF MEETING AND AGENDA Pg 6 3 Fit _ D w IT BRAZOS COUNTY jj t; BRYAN, TEXAS z — 0 -Y4•( THE COMMISSION ' , I _ . � OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 9 . INTI i 010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 23: 3. Budget Amendment 09/10 — 17.1 thru 17.5. 4. Personnel Change of Status. 5. Funding Agreement with the Boys & Girls Club of Brazos Valley for FY2010. 6. Payment of Claims. 7. Contract with Greenway Constructors, Inc. for renovations of the Justice of the Peace Pct. 4 and Constable Pct. 4 building. 8. Acceptance of the assignment of CD #615149317663 as collateral bond to satisfy the requirements of the Subdivision and Development Regulations for Aggie Acres, Vol. 369, Page 411, Reveille Road. 9. Request from the County Clerk to increase the early vote workers' pay from $8.00/hour to S 5/hour. Office of the County Judge • 200 South Texas Ave. Suite 332 • Bryan, Texas 77803 • Fax: (979) 361 -4503 g. Commissioners Court Agenda 9 February 2010 Page 2 10. Request from the District Clerk's Office for the following position reclassifications: a. Clerk I, class 1705, position 4, group 10, step 3 Eliminate this position; b. Clerk III, class 1709, position 8 from group 12, step 8 to group 12, step 12; c. Clerk III, class 1709, position 2 from group 12, step 8 to group 12, step 12; d. Clerk III, class 1709, position 9 from group 12, step 6 to group 12, step 11; e. Clerk 1560hr, class 1717, position 1 from group 7, step 2 to group 7, step 6; f. Clerk 1560hr, class 1717, position 2 from group 7, step 2 to group 7, step 6; Clerk II, class 1707, position 2 from group 11, step 3 to group 11, step 8 Juror Payment Clerk, class 1710, position 1 from group 9, step 2 to group 9, step 6; i. Assistant Director of Collections, class 1727, position 1 from group 15, step 7 to group 15, step 11; Clerk I - Collections, class 1729, position 2 from group 10, step 2 to group 10, step 4; 11. Request from Juvenile Services for the following position reclassification: a. from Secretary 1, Division 31000100, Class 1867, position 4, Group 10, Step 6 to Custodian, Division 31000200, Group 10, Step 6. 12. Set the date, time and location of a Special Called Session for a joint briefing with the City of Bryan and the City of College Station regarding the Animal Shelter at an alternate location that can better accommodate the number of people expected to attend. 13. Reappointment of the following individuals as Fire Commissioners for Brazos County Emergency Services District, Precinct 1; term of each appointment is 1 /01 /10 through 12/31/11: a. Charles Robertson b. Mike Herron 14. Request from Information Technology for permission to destroy an Intel network switch before recycling it to ensure the configuration settings are not retrievable. 15. Out of state travel request from the Sheriff's Office for Terry Young to attend training sponsored by the Regional Counterdrug Training Academy at the Naval Air Station in Meridian, Mississippi. Dates of travel are 12/13/09 through I f6/09' Nt h° 3/611 o Vol. .1 Pg. 5 4- 16. Tax Refund Applications for the following: a. SN Servicing b. David P. Bigley c. Kristopher & Jeannette Fraley d. Michael G. & Donnie L. Hereford Commissioners Court Agenda 9 February 2010 Page 3 17. Manual Requisition in the amount of $611.00 to Buddy's Appliance for purchase of a refrigerator for the District Attorney's Office. 18. Permission to add Bryan Breakfast Lions Club to Brazos County's list of vendors who are exempt from competitive bidding as per Statute 262.024(a)(4) for FY2010. 19. Change Order #1 for Jones & Carter, Inc. for surveying services on the Jail Expansion. 20. Permission to award the following bids as recommended by Purchasing based on best price: a. Bid 2010 -16, Herbicides & Surfactants b. Bid 2010 -17, Equipment Lubricants c. Bid 2010 -18, Cold Mix Limestone d. Bid 2010 -19, Fencing Supplies e. Bid 2010 -21, Hydrated Lime f. Bid 2010 -23, Motor Grader Blades g. Bid 2010 -24, Transportation of Deceased to Medical Examiner 21. Bryan Texas Utilities' cost estimate of $3,193.01 to relocate one utility pole and approximately 330 ft. of single phase line (at the County's request) on Wilcox Lane to accommodate roadway widening improvements. Site is located in Precinct 2. 22. Request from Wickson Creek Special Utility District to construct a 30 ft. road bore for water line installation in the right of way of Carrabba Road near its intersection with Skylark Blvd. Site is located in Precinct 2. 23. Payment Authorization in the amount of $50.00 from the Precinct 4 Justice of the Peace Office as the beginning balance in a cash box for the third clerk in that office. 24. Acknowledgement of the 2009 Racial Profiling Report for the Pct. 4 Constable's Office. 25. Acknowledgement of the Investment Report for the quarter ending 12/31/2009. 26. Announcement of interest items and possible future agenda topics. 27. Call for citizen input and/or concems. 28. Agency / Board / Committee reports by Court members. 29. Adjourn �5 Vol. `l 3 Pg• Commissioners Court Agenda 9 February 2010 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building 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. vol. 1'31 p 6 COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 9, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, February 9, 2010 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; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge noted a clerical error on the agenda. The month is February rather than January. Commissioner Cauley gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #09/10 -17.1 through 17.5 that would reallocate funds for the District Attorney, Debt Service Fund, Expo Center Expansion Fund; and Vol J31 Page 67 Commissioners Court meeting February 9, 2010 2 transfer funds from Contingency to the Justice of the Peace Technology Fund - Justice of the Peace, Precinct 2, Place 2, to General Capital Improvement, from the District Attorney's Office to Constable, Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment 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 Peters, the Court voted unanimously to approve the changes as submitted. The next matter for consideration was a Funding Agreement with the Boys & Girls Club of Brazos Valley for FY2010. The Club will conduct youth programming and activities and Brazos County agrees to pay to The Club a total payment of $45,000 for the year beginning October 1, 2009 through September 30, 2010. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Funding Agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: Vol 131 Page 5g Commissioners Court meeting February 9, 2010 3 The Court next considered the following Claims as submitted by the County Treasurer for payment: 7070822 through 7071067 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a contract with Greenway Constructors, Inc. on a design build renovation project for the Justice of the Peace, Precinct 4 and Constable, Precinct 4 offices. The total cost of the proposed renovation is $42,825.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Greenway Constructors Contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was acceptance of the assignment of Certificate of Deposit #615149317663 as collateral bond to satisfy the requirements of the Subdivision and Development Regulations for Aggie Acres. The Certificate of Deposit is in the amount of $3,083.85 and is assigned to Brazos County as collateral bonding in an amount that will allow the County to maintain all streets, rights -of -way, and other improvements within the designated subdivision and to Vol 1 3) Page 69 Commissioners Court meeting February 9, 2010 4 liquidate the Certificate of Deposit prior to maturity without penalty. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the assignment of the Certificate of Deposit as collateral bond. The next matter before the Court was consideration of a request from the County Clerk to increase the early vote workers pay from $8.00 and hour to $8.25 an hour. The County Judge moved to approve the request at $8.25 per hour for election workers as noted on the agenda. Commissioner Cauley seconded the motion. The motion and second were withdrawn when it was noted that the request was for $8.50 per hour instead of $8.25. Then Commissioner Peters moved to approve the request at $8.50 per hour. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye ". The County Judge voted "No ". The motion carried. The Court next considered a request from the District Clerk's Office for the following position reclassifications: a) Clerk I, Class 1705, Position 4, Group 10, Step 3, Eliminate Position; b) Reclassify Clerk III, Group 12, Step 8, to Group 12, Step 12; c) Reclassify Clerk III, Group 12, Step 8,to Group 12,Step 12; Vol 131 Page 620 Class 1709, Position 8, Class 1709, Position 8, Class 1709, Position 2, Class 1709, Position 2, Commissioners Court meeting February 9, 2010 5 e) Reclassify Clerk 1, Group 7, Step Group 7, Step 6; f) Reclassify Clerk 1, Group 7, Step Group 7, Step 6; 1560 /hr, Class 1717, Position 2 to Class 1717, Position 1, 1560 /hr, Class 1717, Position 2 to Class 1717, Position 1, g) Reclassify Clerk II, Class 1707, Position 2, Group 11, Step 3 to Class 1707, Position 2, Group 11, Step 8; h) Reclassify Juror Payment Clerk, Class 1710, Position 1, Group 9, Step 2 to Class 1710, Position 1, Group 9, Step 6; i) Reclassify Assistant Director of Collections, Class 1727, Position 1, Group 15, Step 7 to Class 1727, Position 1, Group 15, Step 11; j) Reclassify Clerk I- Collections, Class 1729, Position 2, Group 10, Step 2 to Class 1729, Position 2, Group 10, Step 4; Marc Hamlin, District Clerk spoke to the Court on the reclassifications, asking to eliminate a position and increase those he thinks are deserving of the increase in salary. He pointed out that other departments have done this same thing. The elimination of a position will save the County some money. The County Judge pointed out that the increases are as much as 13 percent (130). Mr. Hamlin gave a lengthy justification speech. Commissioner Peters stated that he did not like the Juror Payment Clerk position being taken out of the budget. Mr. Hamlin originally insisted that it was needed in his department. Now Mr. Hamlin is proposing eliminating the Vol 13 Page 19 I Commissioners Court meeting February 9, 2010 6 Mr. Hamlin originally insisted that it was needed in his department. Now Mr. Hamlin is proposing eliminating the position. Commissioner Peters stated that this one could have handled Juror payments and if not needed they could have prevented taxing for the position. The discussion continued over how the Juror Payment Clerk position should have been funded under the Treasurer budget. Mr. Hamlin said he would concede the request for an increase for the Juror Payment Clerk position. Commissioner Cauley moved to approve the request from the District Clerk with the exception of item "H" that is the Juror Payment Clerk position. The motion died for lack of a second. Then Commissioner Cauley moved to table consideration of the request. Commissioner Mallard seconded the motion. Commissioners Wassermann, Mallard, and Cauley voted "Aye ". Commissioner Peters and the County Judge voted "No ". The motion to table carried. The next matter for consideration was a request from Juvenile Services for the following position reclassification: a. Division 31000100, Secretary 1, Class 1867, Position 4, Group 10,Step 6 to Division 31000200, Custodian, Group 10, Step 6 In a memo to the Court Doug Vance Executive Director of Juvenile Services stated that this reclassification had been approved by both the Commissioners Court and the Juvenile Vol 3) Page rt2 a Commissioners Court meeting February 9, 2010 7 Board but had never been reclassified in his budget. He explained that the reclassification was cost neutral. Commissioner Wassermann asked whether this position belonged under Building Maintenance. Carlos Guitron, Director of Building Maintenance stated that they were not currently cleaning in locked facilities. Irene Jett, Budget Officer suggested the position go in the Building Maintenance budget but that Dr. Vance interview and be the direct supervisor. Dr. Vance gave his reasons why this would be better served being under the supervision of Juvenile Services. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the reclassification. The Court next considered setting the date, time and location of a Special Called Session for a joint briefing with the Cities of Bryan and College Station concerning the Animal Shelter. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to hold the meeting on Monday, February 15, 2010 at 4:00 p.m. at the Brazos Center. The next matter for consideration was the reappointment of individuals to serve as Fire Commissioners for Brazos County Emergency Services District, Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Vol 1 31 Page (.(23 Commissioners Court meeting February 9, 2010 8 Court voted unanimously to reappoint Charles Robertson and Mike Herron for a term beginning January 1, 2010 through December 31, 2011. The Court next considered a request from the Information Technology Department to destroy an Intel network switch before recycling it. If not destroyed, this could present a security risk if someone were able to retrieve the configuration settings. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request to destroy the network switch. The next matter for consideration by the Court was a request submitted by Sheriff Chris Kirk seeking approval for out.of state travel for Investigator Terry Young to travel to Meridian, Mississippi to attend the "Follow the Money" training session sponsored by the Regional Counterdrug Training Academy during the week of March 1, through March 5, 2010. Commissioner Cauley moved to approve. Commissioner Peters seconded the motion. They then rescinded their motion and second to correct the dates. The agenda stated travel dates to be December 13, 2009 through December 16, 2009. The correct dates are March 1 through March 5, 2010. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Sheriff Vol 1 3 / Page l Commissioners Court meeting February 9, 2010 9 and approved payment of out of state travel expense for Investigator Terry Young. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. SN Servicing, over payment $39.97 b. David P. Bigley, over payment $79.86 c. Kristopher & Jeannette Fraly, over payment $95.00 d. Michael G. & Donnie L. Hereford, over payment $100.00 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of a requisition in the amount of $611.00 to Buddy's Appliance for the purchase of a refrigerator for the District Attorney's office. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a). This is for the purchase of Professional Services - Concessionaires from the Lions 71 Breakfast Club. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements and authorized payment for FY 2010. Vol l 5 I Page h 6 Commissioners Court meeting February 9; 2010 10 The Court next considered Changer Order #1 for Jones & Carter, Inc. on the Jail Expansion. This Change Order would increase the contract amount by $21,000.00 and would include Boundary survey, additional control for boundary, detailed existing building survey for design, as built utility survey for easement revisions, property monumentation and re -plat. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve Change Order #1. A copy is attached. The Court next considered awarding Bid 2010 -16, Herbicides and Surfactants Charles Wendt, Assistant Purchasing Agent made the following recommendations: a) Bid 2010 -16, Herbicides & Surfactants Townsend- Arsenal, Riverdale Weedestroy and Non -ionic Surfactant CWC- Vegetable Based Seed Oil Concentrate Red River - Spike, Milestone, and Methylated seed Oil Helena- Roundup Pro and Outrider Brazos Bottom - Tordon 22k VM Distributors - Roundup Po Concentrate 2,5 and 30 Gallon and Kernite Alligare - Garlon 3a, Garlon 4 and Remedy b) Bid 2010 -17, Equipment Lubricants Universal Lubricants c) Bid 2010 -18, Cold Mix Limestone Colorado Material -THD 334 Vulcan Construction -THD 330 d) Bid 2010 -19, Fencing Supplies Producers Cooperative- Barbed Wire, Barbless Wire, T- Posts, 7 inch and 8 Inch Treated Wooden Posts, 4 and 5 Vol 1 ? ) Page (P Commissioners Court meeting February 9, 2010 11 Inch Yard Cedar Posts, 16 gauge Gates, and Cattle Panels Woodson Lumber -4 inch Treated Wooden Posts, Concrete, and 18 gauge Gates Brazos Bottom -8 inch Cedar Posts Outlaw Cedar Posts -4 and 5 inch wire cedar posts Tie between two vendors- 7 inch cedar posts e) Bid 2010 -21, Hydrated Lime Chemical Lime Company f) Bid 2010 -23, Motor Grader Blades Valk Manufacturing g) Bid 2010 -24, Transportation of Deceased to Medical Examiner Hillier Funeral Home The County Judge addressed item D, Fencing Supplies first. There was a tie between two vendors. As per Local Government Code Section 262.027b lots were drawn in a manner prescribed by the County Judge. The name of each vendor was placed in a cup then one was drawn out and it was Producers Co -Op. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and the hand drawn vendor and award the contracts as specified above. A copy of the bid tabulation is attached. The Court next considered acceptance of Bryan Texas Utilities cost estimate of $3,193.01 to relocate one utility pole and approximately 330 feet of single phase line on Wilcox Lane to accommodate road widening improvements in Precinct 2. Vol 13/ Page I 7 Commissioners Court meeting February 9, 2010 12 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept Bryan Texas Utilities cost estimate of $3,193.01 for relocation of a utility pole and approximately 330 feet of single phase line on Wilcox Lane. The Court next considered the request from Wickson Creek Special Utility District to construct a 30 foot road bore for water line installation in the right -of -way of Carrabba Road Road in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The next matter for consideration was a request from Justice of the Peace, Precinct 4, Colleen Batchelor for approval of cash funding for an additional cash box so that each clerk in her office can work out of her own cash box. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court acknowledged receipt of the 2009 Racial Profiling Report submitted by Constable, Precinct 4. Vol 13/ Page is Commissioners Court meeting February 9, 2010 13 The Court acknowledge receipt of and ordered filed as submitted the Treasurer's Quarter Ending December 31, 2009 Investment Report. A copy is attached to and made a part of these minutes. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk a) There were 496 inmates in jail, 29 are in Milam County, 47 have electronic monitors and 43 are pending for monitors. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) Informed the Court that conference calls were now being used each month for growth workshop meetings. Commissioner Cauley a) Is on a Bryan Independent School District committee charged with addressing Visioning Technology in the Schools. They submitted their report last night and it was accepted. Commissioner Wassermann a) The Animal Ordinance issues have yet to be resolved. Vol 131 Page 69 Commissioners Court meeting February 9, 2010 14 There being no further business to come before the Court, the meeting was adjourned. Vol 131 Page 70 The foregoing minutes of the Commissioners Court meeting held February 9, 2010 have been examined and are approved in open Court this the )0 day of P4ire �. , 2010, in Bryan, Brazos Cou i y, Texas. Randy ims Coun Judge Duane Peters Commissioner, Precinct 2 Irm. Caule Commissioner, nct 4 Attest: DW_ 4.6=-1---- aren McQueen County Clerk Vol 1/ Page r i Lloyd &dassermann Commissioner, Precinct 1 Commissioner, Ke nny Malla Co 3 Name Organization / Department l'ar Aado JO a Zile ' , e !cii_ 4/ "cc A isz, c_ U' PAA, -tit D X54- cc, &e--e ti ilex 1thi YYLowr D 'St • a ) 7;497 . i - CA- l /c. ak 1)//17 BPS I(1 c rt o / < Co Leer, serf At iE<< 7 T O nt.cr l B^,. 34 BRAZOS COUNTY COMMISSIONERS COURT Meeting on feir- V J 31 Pg. a- ,2010@ . ,2010 @ y ; o 0 .144 c PAGE 1 of 7 Name Organization / Department \e 1 - -• PnA40 CIV I i— IrJa 5k7A(1 I r .7C gift L C/ ir sC ? ._ // �� !t✓✓(i ( Y � a "uo -- / elf 4 // JO,... ." c tut & 0, -1 Ed ,c—ots 1 i I ��c,2 at '._, p6— ,, C) BRAZOS COUNTY COMMISSIONERS COURT Meeting on vol. ___/ pg. 73 ,2010@ /:oo Q n{. PAGE 2-- of 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on FJr: Vol. 1 Pg. 1 4- ,2010@ `. (. 9a l -) Organization / Department Name PAGE 7 of ,3 members were present: The following proceedings were held: THAT WHEREAS, on 9 February 2010 the Court heard and approved a budget amendment for the 2009 -2010 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 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 9 day of February 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 —17.1 thru 17.5 On this the 9 day of February 2010 at a regular meeting of the Commissioners' Court, the following A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk Randy : ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes vol. 1 3/ P 75 FUND 2400 2400 DIV 24005220 24005220 ACCT 61130000 67203000 PROJ DR/CR CR DR ACCOUNT NAME Contigency Minor Computer Hardware Justice of the Peace Technology Fund: JP. Pct #2.2 Munoz To realloca e funds to allow for the re.lacement of a laptop for the office. Increase 1,500.00 Decrease 1,500.00 Prepared B a i f ' `` Date {* f, 2/3/2010; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -17.1 2/9/2010 vol 131 Pg 7(e BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -17.2 2/9/2010 FUND 0100 0100 DIV 19000100 30401100 ACCT 59100000 67286000 . PROJ DR/CR CR DR Attorney has agreed to purchase for the constables office. ACCOUNT NAME DDEA Equipment -Other Increase 3,496.00 District Attorney and Constable Pct. #4 To reallocate funds from the District Attorney's DDEA account to Constable Pct. #4: Butler for a ticket writer the District Decrease 3,496.00 Vol. 13 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -17.3 2/9/2010 FUND 0100 0100 DIV 19000100 19000100 ACCT 59100000 67050000 PROJ DR/CR CR DR District At orney To reallocate funds to allow for the purchase of a new refigerator for the office. ACCOUNT NAME DDEA Appliances Increase 611.00 Decrease 611.00 Prepared By: Date: ifj 2/4/2010 Department Approval O County Jude - Approval Date Date Vol. 131 Pg. - I 11 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 133.50 0100 91110000 DR Transfer to General Capital Impro 133.50 4500 63000500 80440000 DR Land 133.50 4500 49028000 CR Transfer from General Fund 133.50 General Fund and Capital Improvement Fund To reallocate funds to allow for the payment of additional settlement charges for the purchase of the BISD property. .saw PreparedB gate '° BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 17.4 2/9/2010 vol. 131 Pg 79 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4100 49094000 CR Proceeds from Refunding Bonds 7,365,000.00 4100 91960000 DR Refunded Bonds 7,300,000.00 4100 49095000 CR Bond Issue Premium 307,440.00 4100 60000100 85500000 DR Bond Issuance Cost 107,110.00 4100 60000100 85110000 DR Bond - Interest 265,330.00 Debt Service Fund: To reallocate funds to record the issuance of the Limited Tax Refunding Bonds, Series 2009. 4309 49095000 CR Bond Issue Premium 132,745.00 4309 63430900 85500000 DR Bond Issuance Cost 132,745.00 Expo Center Expansion Fund: To reallocate funds to record the bond premium and issuance costs of the Certificate of Obligation, Series 2009. fPrepa B I ate: BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -17.5 2/9/2010 v 1 31 P g $d Commissioner Court Date: February 9, 2010 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 Brazos Center District Clerk IT PERSONNEL CHANGE OF STATUS REQUESTS Approved in Commissioners' Court: February 9, 2010: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vo). ! 31 Pg. Rueda, Albert New Hire Ochsner, Alexandra New Hire Kutiper, Anthony Retirement BRAZOS COUNTY BOYS & GIRLS CLUBS OF BRAZOS VALLEY FUNDING AGREEMENT THE STATE OF TEXAS )( )( KNOW ALL BY THESE PRESENTS COUNTY OF BRAZOS )( INTRODUCTION: The Club conducts youth programming and activities within Brazos County. PURPOSE: THEREFORE: Funding Agreement for Boys and Girls Club of Brazos Valley Page 1 of 5 Vot. l 3 Pg. _ _ iv This agreement, entered into this day of Ft°b r� , 2094, by and between Brazos County, hereinafter called the "County", and Boys and Girls Clubs of the Brazos Valley, hereinafter called "Club ". The purpose of County shall be to provide opportunities for youth to grow as productive citizens of our communities. Both the County and Club enter into a cooperative agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and covenant as follows: I. FUNDING COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees to pay to The Club a to payment of 4 J nno for the year beginning October 1, 2009 and ending September 30, 2010. Payments of such sum will be invoiced and paid in twelve (12) prorata monthly payments. II. TERM OF AGREEMENT The term of this agreement shall for a period of approximately one year beginning on the date of the execution of this agreement and terminating on September 30, 2010. III. ACCOUNTING OR FUNDS The Club agrees to provide, no later than Match 31, 2010 and August 31, 2010, a detailed account how the provided monies were expended in comportment with this agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. In the event it is determined by the Commissioners Court that the monies provided herein the County to the Club have not been expended in comportment with this agreement, this agreement shall automatically terminate and the Club may be required to return to the County such monies that were not properly expended. IV. RECORD RETENTION The Club shall be responsible for record keeping on all Services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. V. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. Funding Agreement for Boys and Girls Club of Brazos Valley Page 2 of 5 vol. 131 Pg �3 The parties hereto agree that Club shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract. This Agreement shall be executed in and shall be governed by the laws of the State of Texas. Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 332 Bryan, Texas 77803 VI. INSURANCE VII. COUNTY INVOLVEMENT VIII. GOVERNING LAW IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Boys & Girls Club of the Brazos Valley Ron Rolett P.O. Box 524 Bryan, TX 77806 Funding Agreement for Boys and Girls Club of Brazos Valley Page 3 of 5 voi. 131 p g`f' As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Funding Agreemen for Boys and Girls Club of Brazos Valley Page 4 of 5 Vol. 1 X. IMMUNITY XL FURTHER ASSURANCES XII. SEVERABILITY XIII. ENTIRE AGREEMENT Pg. This Contract is not assignable by the Club without the prior written consent of the County. /D WITNESS OUR HANDS this q day of PrfrjAary , 2099. Boys and Girls Club of Brazos Valley By , Ron oleo, Authorized Representative Brazos County, Texas By: f --v/ en McQu en, County letk Certified as to Availability of Funds: XIV. ASSIGNABILITY Funding Agreement for Boys and Girls Club of Brazos Valley Page 5 of 5 Vol. 131 Pg �� MIL #4' Document AIO5TM — 2007 Standard Form of Agreement Between Owner and Contractor for a Residential or small Commercial Project AGREEMENT made as of the Third day of February in the year Two Thousand Ten (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status address and other information) County Judge Randy Sims, Brazos County 300 Carr c61r �W 5. j eXcl At-t `-- 332 — Bryan, Texas 77803 Telephone Number: 979.74677400. Sol 4LD2, and the Contractor: (Name, legal status address and other information) Stephen P. Byrne, President, Greenway Constructors Inc P.O. Box 11184 College Station, Texas 77842 Telephone Number: 979.220.5596 Fax Number: 979.690.1676 for the following Project: (Name, location and detailed description) Brazos County Precinct 4 Renovations 206 N. Washington Bryan, Texas77803 New Paint and Carpet in Precinct 4 offices The Architect: (Name, legal status address and other information) The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. State or local law may impose requirements on contracts for home improvements. If this document will be used for Work on the Owner's residence, the Owner should consult local authorities or an attomey to verify requirements applicable to this Agreement. AIA Document A105° — 2007 (formerly A105° —1993 and A205° — 1993). Copyright O 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright taw 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 14:36:35 on 02/03/2010 under Order No.35 293599_1 which expires on 07/30/2010, and is not for resale. User Notes: tt77 VOl� p g (1934705512) Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHRECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDRIONS ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 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 the drawings and specifications prepared by the Architect, dated , and enumerated as follows: Drawings: Number Title Date Specifications: Section Title Pages .3 addenda prepared by the Architect as follows: Number Date Pages .4 written orders for changes in the Work issued after execution of this Agreement; and AIA Document Al 05" — 2007 (formerly A105" —1993 and A205" — 1993). Copyright 0 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistribution 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 14:38:35 on 02/03/2010 under Order Nn 1mc� tuehr�irsse2Z+_nr —tn and is not far resale. 1 yry[ User Notes: Vol. 4 3 1 r 7y g• " (1934705512) In)t. / .5 other documents, if any, identified as follows: Scope of Work Undated Drawing of Precinct 4 12/14/2009 ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work, no later than Forty (40 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. (Insert the date of commencement, if it differs from the date of this Agreement.) Notice to Proceed issued by the Owner. ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions in accordance with Article 10, the Contract Sum is: Forty Two Thousand Eight Hundred Twenty Five and No /100 Dollars 42,825.00 ) § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: (Itemize the Contract Sum among the major portions of the Work) Portion of Work Value § 3.3 Unit prices, if any, are as follows: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) Item § 3.4 Allowances included in the Contract Sum, if any, are as follows: (Identify allowance and state exclusions, if any, from the allowance price.) Item New Precinct 4 Sign Units and Limitations Price per Unit ($0.00) Price Twenty Five Hundred and No /100 dollars ($2500.00) inclusive of Overhead and Profit § 3.5 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.6 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, in accordance with Article 12, as follows: (Insert below timing for payments and provisions for withholding retainage, !Tony.) Monthly on percentage of completion with 5 %retainage AIA Document Al 0S - 2007 (formerly A706's - 1993 and A205"' - 1993). Copyright 01993 and 2007 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 AIA software at 14:38:35 on 02/03/2010 under Order No.3 95293569_1 which expires on 07/30/2010, and is not for resale. p User Notes: Vol r g. (1934705512) • Init. 1 § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project. Four point two five % 4.25% ARTICLE 5 INSURANCE § 5.1 The Contractor shall provide Contractor's general liability and other insurance as follows: (Insert specific insurance requirements and limits.) Type of insurance Limit of liability ($0.00) GL/WC certificate attached § 5.2 The Owner shall provide property insurance to cover the value of the Owner's property, including any Work provided under this Agreement. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner's property insurance. § 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Section 8.12. § 5.4 Each party shall provide certificates of insurance showing their respective coverages prior to commencement of the Work § 5.5 Unless specifically precluded by the Owner's property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents and employees, each of the other; and (2) the Architect, Architect's consultants and any of their agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the Work. ARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10. § 6.2 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, or to be provided, by the Contractor to fulfill the Contractor's obligations. § 6.3 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. § 6.4 OWNERSHIP AND USE OF ARCHITECTS 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. The Contractor, subcontractors, sub - subcontractors, and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. § 7.1.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments and charges. AIA Document A105' — 2007 (formally A105h —1993 and A205T" — 1993). Copyright O 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.B. 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 14:38:35 on 02/03/2010 under Order No 3595293569_1 which expires on 07/30/2010, and is not for resale. User Notes: Vol 1 1 Pg. (1934705512) Init § 7.2 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. § 7.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry 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 commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. § 7.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 7.4.1 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. § 7.4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. § 7.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be home by the party responsible therefor. ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 8.1.1 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. § 8.1.2 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. § 8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and ; if necessary, Architect's information a Contractor's construction schedule for the Work. § 8.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.3.1 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. § 8.3.2 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 Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. § 8.4 LABOR AND MATERIALS § 8.4.1 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. § 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AIA Document A105" — 2007 pnnerly A105" —1993 and A205" — 1993). Copyright m 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portlon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The document was produced by AIA software at 14:38:35 on 02/03/2010 under Order No.3595293589 1 which expires on 07/30/2010, and is not for User Notes: pp (1934705512) Init. f § 8.5 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. § 8.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. Owner is tax exempt and will provide requisite documentation of such fact upon request. § 8.7 PERMITS, FEES AND NOTICES § 8.7.1 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. § 8.7.2 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 applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Owner, in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations. § 8.8 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Owner, 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. § 8.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner. § 8.10 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. § 8.11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste materials. § 8.12 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), but only to the extent caused by the 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 9 ARCHITECT § 9.1 The Architect or Owner will provide administration of the Contract as described in the Contract Documents. The Architect or Owner will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 9.2 The Architect or Owner will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work AIA Document A105' — 2007 (formerly A105' —1993 and A206 1993). Copyright C 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 9 the law. This document was produced by AIA software et o 14:39:35 on 02/03/2010 under Order N 3569_1 which expires on 07/30/2010, and is not for resale. User �I User Notea: c7o1 1 3 l Pg. / �y . `i^_!1 (1934705512) Init § 9.3 The Architect or Owner 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 or Owner will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. § 9.4 Based on the Architect's or Owner's observations and evaluations of the Contractor's Applications for Payment, the Architect or Owner will review and certify the amounts due the Contractor. § 9.5 The Architect or Owner has authority to reject Work that does not conform to the Contract Documents. § 9.6 The Architect or Owner will promptly review and approve or take appropriate action upon Contractor's submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 9.7 The Architect or Owner will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request from either the Owner or Contractor. § 9.8 Interpretations and decisions of the Architect or Owner 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 Owner will endeavor to secure faithful performance by both Owner and Contractor, will not be liable for results of interpretations or decisions rendered in good faith. § 9.9 The Architect's or Owner's duties, responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor and/or Architect. Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 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 in writing. If the Owner and Contractor can not agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. § 10.2 The Architect or Owner 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 orders shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall carry out such orders promptly. § 10.3 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 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 11.2 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 subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION § 12.1 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. § 12.2 APPLICATIONS FOR PAYMENT § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Owner, through the County Auditor, t an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement Such Application shall be supported by data substantiating the Contractor's right AIA Document A10S' — 2007 (formerly A10 6 91 -1993 and A206*• — 1993). Copyright m 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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 14:38:35 on 02/03/2010 under Order N 3595293569_1 which expires on 07/30/2010, and is not for User Notes: Vol. � Pg N 3. (1934705512) !nit to payment as the Owner or Architect may reasonably require. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 12.2.2 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 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 belied be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 12.3 CERTIFICATES FOR PAYMENT The Architect or Owner 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 or Owner determines is properly due, or notify the Contractor in writing of the Owner's reasons for withholding certification in whole or in part. § 12.4 PROGRESS PAYMENTS § 12.4.1 After the Architect or Owner has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the tams of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect, if any, shall have responsibility for payments to a subcontractor or supplier. § 12.4.4 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. § 12.5 SUBSTANTIAL COMPLETION § 12.5.1 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. § 12.5.2 When the Work or designated portion thereof is substantially complete, the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect or Owner determines that the Work is substantially complete the Architect or Owner shall prepare a Certificate of Substantial Completion that 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. § 12.6 FINAL COMPLETION AND FINAL PAYMENT § 12.6.1 Upon receipt of a final Application for Payment, the Architect or Owner will inspect the Work. When the Architect or Owner finds the Work acceptable and the Contract fully performed, the Architect or Owner will promptly issue a final Certificate for Payment. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect or Owner 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. § 12.6.3 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. AIA Document A105"' — 2007 gorrnerly A106"' —1993 and A205'" — 1993). Copyright ®1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA or any portion of it, may result in severe civil and criminal penalties, and W I be prosecuted to the maximum extent possible under th e law. s document was produced by AIA software at 14:38:35 on 02/03/2010�� r Order 293569_1 which expires on 07/30/2010, and is not for re sale. I' Vol, (1934705512) Init ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY 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 take reasonable precautions to prevent damage, injury or loss to employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. 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 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work rejected by the Architect or Owner as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement and additional testing. § 14.2 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. § 14.3 If the Contractor faits to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 TESTS AND INSPECTIONS § 15.2.1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 15.2.2 If the Architect or Owner requires additional testing, the Contractor shall perform those tests. § 15.2.3 The Owner shall bear cost of tests inspections or approvals that do not become requirements until after the Contract is executed. § 15.3 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 TERMINATION BY THE CONTRACTOR If the Architect or Owner fails to certify payment as provided in Section 12.3 for a period of 20 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 12.4.1 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. § 16.2 TERMINATION BY THE OWNER FOR CAUSE § 16.2.1 The Owner may terminate the Contract if the Contractor .1 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; .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. § 16.2.2 When any of the above reasons exist, the Owner, , 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 AIA Document A105"' — 2007 `formerly A105Th —1993 and A205TM — 1993). Copyright 0 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 54:3a:35 on 02/03/2010 under OrdrCo_95293569 1 which expires on 07/30/2010, and is not for resale. User Notes: Vol. 1 , 3 / PB l. �.��� __ J (1934705512) InR 1 .1 take possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the Owner may deem expedient. § 16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 16.2.4 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. § 16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below.) This Agreement entered into as of the day and year first written above. of required by law, inse cancellation perio4 disclosures or other warning statements above the signatures.) OWNER (51: r ture) County Jug • e Randy Sims 300 East 26 Bryan Texas 77803 (Printed name, title and address) CONTRA OR (Signature) Stephen P. Byrne, President P.O. Box 11184, College Station, Texas 77842 (Printed name, title and address) LICENSE NO.: JURISDICTION: AIA Document A105" — 2007 (formerly A105"' —1993 and A205"' — 1993). Copyright 0 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alt 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 softwa 14:38:35 an 02/03/2010 under 0 r)1o,3595293569_1 which expires on 07/30/2010, and is not for resale. User Notes: VOI., ` I Pg. (1934705512) 10 Additions and Deletions Report for AIA Document A 105 - 2007 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 14:38:35 on 02/03/2010. PAGE 1 AGREEMENT made as of the Third day of February in the year Two Thousand Ten County Judge Randy Sims Brazos County - 399 - East--26th — ac.D s. T•xcs Arc., Me. 332 Bryan, Texas 77803 Telephone Number: 979.577408 Stephen P. Byrne, President, Greenway Constructors, Inc. P.O. Box 11184 College Station, Texas 77842 Telephone Number: 979.220.5596 Fax Number: 979.690.1676 Brazos County Precinct 4 Renovations 206 N. Washington Bryan, Texas77803 New Paint and Carpet in Precinct 4 offices PAGE3 Scope of Work Undated Drawing of Precinct 4 12/14/2009 The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work, no later than Forty (40 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. Notice to Proceed issued by the Owner. Additions and Deletions Report for AIA Document A105 - 2007 (formerly A105 Tit - 1993 and A205"'- 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the Nuum extent possible under the Jaw. V docum n a produced by AIA !ware at 14;30,3 5 plrp2/032010 under Order No.3595293569_1 which expires on 07/30/2010 and is not for resale. j' User (.• • / (1034705512) ($ Forty Two Thousand Eight Hundred Twenty Five and No /100 Dollars 42,825.00 ) New Precinct 4 Sign Twenty Five Hundred and No /100 dollars ($2500.00) inclusive of Overhead and Profit Monthly on percentage of completion with 5% retainage PAGE 4 Four point two five % 4.25% GL/WC certificate attached PAGE5 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and if necessary, Architect's information a Contractor's construction schedule for the Work. PAGE 6 The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. Owner is tax exempt and will provide requisite documentation of such fact upon request. § 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Arehitectt- Owner, in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations. The Contractor shall promptly review, approve in writing and submit to the Architect Owner , Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.1 The Architect or Owner will provide administration of the Contract as described in the Contract Documents. The Architect or Owner will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 9.2 The Architect or Owner will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. § 9.3 The Architect or Owner will not have control over or charge o$ 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 or Owner will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Additions and Deletions Report for AIA Document A105" -2007 (formerly A105" -1993 and A206"' — 1993). Copyright ®1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:38:35)x0 0210)/2010 under Order No.3595293569_1 which expires on 07/3012 010, and is not for resale. VOL I �' ��' User Notes: (1934705512) § 9.4 Based on the Architect's or Owner's observations and evaluations of the Contractor's Applications for Payment, the Architect or Owner will review and certify the amounts due the Contractor. § 9.5 The Architect or Owner has authority to reject Work that does not conform to the Contract Documents. § 9.6 The Architect or Owner will promptly review and approve or take appropriate action upon Contractor's submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 9.7 The Architect or Owner will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request from either the Owner or Contractor. § 9.8 Interpretations and decisions of the Architect or Owner 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 Owner will endeavor to secure faithful performance by both Owner and Contract r, will not be liable for results of interpretations or decisions rendered in good faith. PAGE7 § 9.9 The Architect's or Owner's duties, responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor and -and/or Architect. Consent shall not be unreasonably withheld. § 10.2 The Architect or Owner 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 orders shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall carry out such orders promptly. § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Arehiteet-Owner, through the County Auditor, t an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. PAGE8 The Architect or Owner 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 or Owner determines is properly due, or notify the Contractor and-Owner-in writing of the Architect's Owner's reasons for withholding certification in whole or in part. § 12.4.1 After the Architect or Owner has issued a Certificate for Payment, the Owner shall make payment in the manna provided in the Contract Documents. § 12.4.3 Neither the Owner nor the Architect Architect, if any, shall have responsibility for payments to a subcontractor or supplier. Additions and Deletions Report for AIA Document A105".— 2007 (formerly A105' • — 1993 and A205"' — 1993). Copyright ®1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was prod n3i on 02/033281RaadereSer Nom] Width expires on 07130/2010, and is not for resale. ' r User Notes: Vol. (1934705512) § 12.5.2 When the Work or designated portion thereof is substantially complete, the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect or Owner determines that the Work is substantially complete the Architect or Owner shall prepare a Certificate of Substantial Completion that 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. § 12.6.1 Upon receipt of a final Application for Payment, the Architect or Owner will inspect the Work. When the Architect or Owner finds the Work acceptable and the Contract fully performed, the Architect or Owner will promptly issue a final Certificate for Payment. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect or Owner 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. PAGE 9 § 14.1 The Contractor shall promptly correct Work rejected by the Architect or Owner as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement and additional testing. § 15.2.2 If the Architect or Owner requires additional testing, the Contractor shall perform those tests. If the Architect or Owner fails to certify payment as provided in Section 12 3 for a period of 30-20 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 12.4.1 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. § 16.2.2 When any of the above reasons exist, the Owner, : =. .... . 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 • PAGE 10 County Judge Randy Sims -399 fi ', Bryan, Texas 77803 2& . 5 , Taas Ala.) tr{-c., 232 Stephen P. Byrne, President P.O. Box 11184, College Station, Texas 77842 Additions and Deletions Report for AIA Document A7a6"r — 200T ifonneriy A106 —1993 and A205"'- 1993). Copyright m 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Alt Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alt 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 14:38:35 on 02/032010 under Order No.3595293569_1 which expires on 07/30/2010, and Is not for resale. 1 /p�) User Notes: Vol. �. 3 1 Pg. 00 (1934705512) Certification of Document's Authenticity AIA® Document D401 B" - 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 14:38:35 on 02/03 /2010 under Order No. 3595293569_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 A105T^l — 2007 - Standard Form of' Agreement Between Owner and Contractor for a Residential or Small Commercial Project, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401Th — 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 14:38:35 on 02/032010 under Order No.3595293569_1 which expires on 07/30/2010, and is not for resale. User Notes: VOL 31 - -- P / o l (1934705512) Vol. 51 Pg. I Doi TO: Pat Howard, Purchasing Agent FROM: Brazos County Commissioner's Court RE: Exemption From Competitive Bidding Requirements Please be advised that on this 9th day of February, 2010, at a Regular Session of the Commissioners' Court on which the following members were present: Randy Sims, County Judge Lloyd Wassermann, Commissioner E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 The Commissioners' Court has determined that there is a nee' to exempt the vendor(s) listed below from the competitive bidding requirement for fiscal year 2009 -2010 as follows: COMPANY: PRODUCT /SERVICE: STATUTE: Vol. 1 3 ) MEMO recinct 1 BRYAN BREAKFAST LIONS CLUB PROFESSIONAL SERVICES - CONSESSIONAIRES 262.024(a)(4) p 103 Item Original Amount Proposed Amount Project Control $ 3,000 $ 3,000 Topo/lmprovement Survey $ 10,000 $ 10,000 Utility/Dig -tess Survey $ 2,000 $ 2,000 Water /Sanitary Sewer Easements $- 5,000 $ - Additional Control for Boundary $ - $ 2,000 Detailed Existing Building Survey for Design $ - $ 6,000 Boundary Survey $ - $ 8,000 As -Built Utility Survey for Easement Revisions (Water, Sewer, Power, & Verizon) $ - $ 4,000 Property Monumentation $ - $ 2,000 Re -Plat (Fees by Owner) $ - $ 4,000 Total $ 20,000 $ 41,000 r JONES &CARTER,1Nc. ENGINEERS•PLANNERS• SURVEYORS January 25, 2010 Mr. Gary Arnold Brazos County Road and Bridge 2617 Highway 21 West Bryan, TX 77803 SED /jlv Enclosures Smart Engineering. Smart Solutions VOI ISI APPROVE 1716 Briarcrest Dr., Suite 160 Bryan, Texas 77802 -2776 TEL 979 731 8D00 FAX 979 848 2893 AUSTIN DALLAS HOUSTON' "" _" BRENHAM SAN ANTONIO. ROSENBERG BRYAN/COLLEGE STATION THE WOODLANDS Re: Brazos County Jail Expansion JC Job No. C0003- 004 -01 Dear Mr. Arnold: The original Proposal and Purchase Order for the above referenced project is attached. The following alterations are proposed: Sincerely, $:10JQBIC0003 Patterson AMIIC0003 -004 Brazos Covey Jalf$IOI Covm Rev for PlattinglCo, C os rnsm.aoc Steve E. Duncan, P E , LEEDS AP Vice President Bryan/Collge Station Operations Manager y Sims, County Judge date o vlww.lonesearter.com Vol. pg. BID TABULATION 2010.17 EQUIPMENT LUBRICANTS February 9, 2010 • February 8, 2011 . - • DESCRIPTION - ... - Johnson 01106... universal Lubounts 1. MOTOR 01L-SAE 30W- ESTIMATED 0TY 1500 GAL •55 GAL DRUMS TOTAL PRICE-USING EST. GAL PER YEAR 51$,40500 57,470.00 UNIT PRICE-PER GALLON 58.99 51.98 BRAND NAME X0-3-30 Unhersal Dem130 DRUM DEPOSIT 1000 50.00 2. MOTOR OIL-SAE 30W- ESTIMATED PTY 75 GAL- 5 GAL CANS TOTAL PRICE -USING EST. GAL PER YEAR 5700.00 5420.00 UNIT PRICE $940 55.60 BRAND NAME X0330 Dyna'PIex 21C SHPD 30 3. MOTOR OIL- 15W-10- ESTIMATED 0TY2500 GAL -55 GAL DRUMS TOTAL PRICE-USING EST. GAL PER YEAR 516,27500 513625.00 UNIT PRICE $6.51 55.45 BRAND NAME Fleet Uniienal Dent' 15w10 DRUM DEPOSIT 10.00 WC 4. MOTOR OIL •1500-40 • ESTIMATED 01T 75 GAL- 5 GAL CANS TOTAL PRICE-USING EST. GAL PER YEAR 1522.00 546275 UNIT PRICE 16.96 $6.17 BRAND MME Fleet UnNeooM Demi 15w40 5. DRIVE TRAIN OIL - ESTIMATED CITY 200 GAL. 55 GAL DRUM (MUST MEET CATERPILLAR TDTO SPECS) TOTAL PRICE -USING EST. GAL PER YEAR 52066.00 51,162.00 UNIT PRICE 11043 15.91 BRAND NAME TransHD50 DYnaPex 21C To450 DRUM DEPOSIT 50.00 WC 6. TRACTOR HYDRAUUC FLUID - SAE 10W- ESTIMATED OTT 2500 GAL - 55 GAL ORM TOTAL PRICE-USING EST. GAL PER YEAR 512,600.00 512.250.00 UNIT PRICE 55.04 $490 BRAND NAME Pmmlum THE Un Tx Gard URUM UEPUSI 511.0U WL 7. TRACTOR HYDRAULIC FLUID - 5A5IOW- ESTI MATED CRY 75 GAL- 5 GAL CAN • - 1 U .GALP R 1 UNR PRICE 55.39 $550 BRAND NAME PmmimlHF Unxemal Trac Gard a. TRANSMISMON FLUID- DIRECT DRIVE 50WT- ESTIMATED 011 1500 GAL TDTAL PRICE -USING EST. GAL PER YEAR 513,935.00 58,055.00 UNIT PRICE 5529 $5.91 BRAND NAME Tram ND 30 BA DYnaPMx 21C To430 9. UNIVERSAL GEAR LUBRICANT -SAE 15-140WGL5- EST OTT 1000 125 TOTAL PRICE-USING EST. POUNDS PER YEAR $07000 55,50000 UNIT PRICE PER POUND 50,87 55.50 BRAND NAME Pmmlum 05-140 Bulk Unae,W 05w140 DRUM DEPOSIT 50.00 a s TLC 10. UNIVERSAL GEAR LUBRICANT- SAE 55-14080 GLS- EST (17•1 15 PAILS TOTAL PRICE -USING EST. GAL PER YEAR 52,871.00 1690.00 UNIT PRICE 538.32 $8.00 BRAND NAME Premium 85-140 Unwerul Rigel 8541140 11. AUTOMATIC TRANS FLUID - ESTIMATED QTY 500 GAL TDTAL PRICE-USING EST. GAL PER YEAR 51,470.00 51,57500 UNIT PRICE 51.90 5525 BRAND NAME Premium ATF Buk Universe] MutWLop00e A.T.F. DRUM DEPOSIT $000 NC 12. AUTOMATIC TRANS FLUID- ESTIMATED Ott 10 CASES TOTAL PRICE-USING EST. GAL PER YEAR 5104.40 $311.04 UNIT PRICE PER QUART 50.07 52.1000 BRAND NAME Mobil AIF Sews Pm Dex Hale= 13. MULTIPURPOSE GREASECARTRIDGE TUBE- ESTIMATED CRY 65 CASES TOTAL PRICE -USING EST. QUANTITY PER YEAR 5E630,00 UNIT PRICE -PRICE PER TUBE 51.835 51.9500 DUNCES PER TUBE 14 NUMBER OF TUBES IN CASE 40 BRAND NAME MobM LUX EP2 Dina-Plea 21C 1-111a0 V2 14. EQUIPMENT OIL SAMSUNG Diesel Engine 011 112.50 NO Transmission 011 512.50 NIC H •raulic Dil 512.50 NC ea •ox q e een0us 9' 15. WASTE OIL REMOVAL (PICK UP AVAILABLE) NIC WC 15. USED OIL FILTER REMOVAL(FICK UP AVAILABLE) WC - WC 17. USE OF FOUR (4) BULK OIL TANKS WITH AIR OPERATED PUMPS WC WC • Assuming the same cute count on Rem al3 for Jo on 011 an Unlwmai 555,330.65 Inc 152,673.29 RecO a nlversal Lu• !cants Court Approval: // . 9 Approval Date: Vol t3 1 Pg lb le rn m 0 0 O , m c a 0 T 0 Xi 1 0 O w 0 d. 11 Unit Pew 14I9 WB 5144.96 N/9 5113.90 1/13 N/9 1.0 CNk Panels 30 etch 11x 52 196, In Holes 12215 NM 117.75 617.99 NIB N/3 NIB 3 11 32 4.1 4.2 u 5.0 5.1 4 52 5.3 5,4 40 7.0 7.1 h, 4 72 BARBED TARE Una PNa sca Feet Per 3,11: BARBIESS WIRE Unit PNn: 5th t Feel Per Roll: METAL TEE P0515 f Too Pods Usk PrIa Surat 6117 Tee Posh UM PNa coat WOODEN POSTS 1'x 618 Wooden PwLL.40CCA Unit RNA 9,6ck 5. r x f -.40005 UnIPNn: Mock 6'x0.,63 SCA Una PNx: Moat CEDAR POSTS P 06117 Cede Pods Price/Yard Sod P: PNn2Mro Noc 9-06107 P 553ITard Neat ProNWn Stock 6: 7'x0 U na Nicer Nowt. /120 Unl1PNea: Neat Conads. 6500 PM Unit Prier Neck Oak, 15/8' 18 ot 10 UM Price 17 UMM Pilo. 1'UniPNn 11 Unit P,lea GW,17/8'162A 10 Un1 Prim 1200910 PAN OTT NO rob 50 30' 1,000 nob 500 each 1,000 nob '1,000 each 1,000 each 500 each 1,500 each 1,000 sub 1,000 eack .N0 566.55 2DBW 1320 655.60 DBW 1320 16.90 5133TP $6.10 6613317 19.00 457EP 616.00 676EP 526.00 898E1 NIB N/B NIB NIB NA3 N/B Nre $162.00 0212.00 5223.00 5270.00 639 N/3 BID TABULATION 2010-19 FENCING SUPPLIES - ANNUAL CONTRACT February 9, 2010- February 8, 2011 CONROE W000 PRODUCTS 14/3 NB NIB N59 14.66 615.61 620.54 N/B 1IB 1/B N/B NM N9 HR NO9 639 N/9 NR 184 PRODUCERS COOPERATLVE $69.72 23632 1,320 519.43 23635 1,320 91.06 23550 91.46 23555 54.65 23770 514.64 23794 519.94 25795 63.96 63.35 64.55 14.19 $12.70 616.40 13.14 $75.50 684.06 595.51 6106.95 5121.28 W0005014 LUMBER $64.75 1212243F 1,320 150.99 121251 1,320 14.50 6133AF 64.55 512133AF 14.35 5124TPF 615.50 67TPF 621.50 115191 NIB NIB NIB NIB N/B $2.99 $53.99 659.99 $70.99 674.99 NIB NIB BRAZOS BOTTOM CROP CARE NM NI9 NIB NIB N/B NIB NIB 6443 53,64 65,15 64.31 $12.90 $1490 NIB 684.89 $93.69 6104.99 6112.89 511190 6129.0 HOVORAK FENCE CONS6. ■B NM NIB NIB NIB N10 N/3 54.60 13.90 55.25 54.50 612.70 116.90 NIB 179,60 $60.90 592.90 599.50 N/B N/B OUTLAW CEDAR POSTS Nn9 N/0 NIB NIB N/B NM 1/B 55,00 63.25 $6.00 53.75 616.00 116.00 N/3 NIB N/9 N/B NIB NIB NIB 101)0 RECOMMENDATION: COURT APPROVAL: Price N/9 113 9134.04 Nl9 1139.10 N/B NIB vol. 13) P I 09 k ■ ■ ■ 7 ■ ■ CO ■ ■ ■ ■ ■ Of Of ■ bl ■ CO V! /3) P /I Vol. t 3 p m Z m to A 0 C 0 ••< • D I m O W o p O o Z C m I ( ) om C Af/� = _9 0 m•0 CO 1.4 A ° m D O • > r � m N 0 3 Z m Trips to Medical Examiner Award: 1 1 Travis County Montgomery County I rexar County I 'Examiner in: 1 1 One Way Loaded /One Way unloaded round trip to Medical I 1 Bexar County Travis County Montgomery County - • I 'Loaded Round Trip to Medical Examiner in: I 1 I 'First Gall (Pick Up) FUNERAL HOME: $100.00 1 $200.00 $420.00 $420.00 $5 $520.00 $420.00 $420.00 1 No Charge Daniel & Son $500.00 $500.00 $600.00 $500.00 $500.00 $500.00 $150.00 Brazos Co. Mortuary Callaway Jones '$385.00 $385 00 I Hillier Funeral Home Vol. t 3 p m Z m to A 0 C 0 ••< • D I m O W o p O o Z C m I ( ) om C Af/� = _9 0 m•0 CO 1.4 A ° m D O • > r � m N 0 3 Z m Trips to Medical Examiner Award: DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: February 9, 2010 ITEM: Request from Wickson Creek Special Utility District to construct a 30 ft. road bore for water line installation in the right of way of Carrabba Road near its intersection with Skylark Blvd. Site is located in Precinct 2. SOURCE OF FUNDS: N/A 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 Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction, NOTES/EXCEPTIONS: SUBMIT D BY: Richard F. Vance, P.E. County Engineer CC2010 -008 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM This Request is A u proved LEI / Denied 0 by Commissioners' Court Date: - o At f Randy Si County Judge Vol. 31 Pg. VED BY: Commissioner E. Duane Peters Precinct 2 ��a VoLJJ • , 131 0 _9 6 a cc 4 Pg.414 GS a l3T2Pr OGG- REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) waterline within_ across x the right -of -way of (road )-4.2,3-3—Neradteereaz in Brazos County, Texas as follows: C'ARRABSv9 ROAD (RU' - x,07 - 00 The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 1.0 day of FEBRUARY 20 10 APPROVED BY COMMISSIONERS' COURT ON: 1 0 i Randy Si s, County Judge Vol. Firm: Creek / S e al Utility District By: Title: General Manager Address: B. o.• Box 4756 Bryan, Texas x7805 Phone: 979 -.589 -3030 t? it r 'c 3- t'�I p ��� Brazos County Courthouse DATE: February 3, 2010 TO: FROM: RE: 200 S. Texas Ave., Suite 240 Hon. Randy Sims, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Irma Cauley, Commissioner Candy Gallego, Administrative Assistant Kay Hamilton, County Treasurer Quarter Ending 12/31/2009 Investment Report Total year -to -date interest earned $85,554.48 Vol. l 31 Bryan, Texas 77803 p 1,5 . ICAY HAMILTON County Treasurer (979) 361 -4340 This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 0.20997 on the quarterly average balance of $2,339,305.52 invested with TexPool for the period ending 12/31/2009. Investment interest deposited during the quarter was $1,237.56. Actual ending balance for December 2009 was $2, 339,717.78. The average Earnings Credit Rate on checking account interest for the quarter ending 12/31/2009 was 0.4466% netting $84,316.92 on an average depository balance of $75,322,032.43. Investment Strategy In consideration of the current uncertain market conditions, the Brazos County Investment Strategy will remain biased toward safety of County funds first and foremost. As economists continue to anticipate a possible increase in the Fed rate, purchasing securities that would lock in historically low yields for a longer term would represent a maturity risk. It seems prudent, therefore, to protect County funds by keeping the majority of available funds in the County's depository where all funds are 110 7,, collateralized. The County also maintains an investment account with Texpool which, though not collateralized, does provide the safety of an overnight market. At this time, the County's investment strategy remains unchanged with a concentration of County funds in the Brazos County Depository. Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas. TexPool Checking Acct Earnings Interest Credit Interest Rate Interest Rate October 2009 416.14 0.2095 27,175.71 0.4700 November 2009 406.07 0.2112 29,053.67 0.4700 December 2009 415.35 0.2090 28,087.54 0.4000 Q/E 12/31/2009 1,237.56 1.7608 84,316.92 0.4466 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. Kay Hami ton, County Treasurer FY 2010 INTEREST RATES AND EARNINGS BY MONTH erri White, Chief Deputy Treasurer eZ _ 0 4 - 2c ka Vol Date Or) /04/0 Date ACKNOWLEDG Sims, County Judge date Vol. 3 I m 0 0 4] .0 E 0 0 0 0 C O E O W 0 4f N 0 _ N O w O a R X aa ) o F Y 0 O 0 0 4- w O L 0 C y E N 0 0 a 2 s y 4) s 'o c 0 0 a d . H Y 0 0 d E w N 0 R 0 N R 47 E 45 N 0 t M w CD 47 0 O DATE DESC. GENERAL FUND EXPO. COMPLEX TOTAL 09/3 /09 - ,. r_ 1.= ,2;33848022!; $Y: .'-` , , *. - - :2;338;48022i: , 10/31/09 .:BALANCE October Interest $ 416.14 $ - Z-$:-;-. 4;16.1 "! :10/31/09 C ,. - Octotier, Balance : 42C.-.I. r - .$!2:,'3313;896.36 . - $, _ $- "2:1336':1396:361 11/30/09 November Interest $ 406.07 $ - $ .4> ,406.Q7 11/30/09< S: Nover bar Balance_'.+ _ $ -' . 2;339,302.43: $ , " $ 2 339 302 -43' 12/31/09 December Interest $ 415.35 $ - : 12/31209 - 'December Balance: ., : $ _ 4339,717.78;1 $ , ' , , - ::' $-:1--2,339,717-.78- FUND FUND 1 - TEXPOOL QUARTER ENDING 12/31/2009 ACTIVITY REPORT POOLED FUND GROUP Vo , 131 Pg . l INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1 - POOLED FUND GROUP General Fund Health Endowment Fund State Lateral Road Courthouse Security 2,339,717.78 trategyirvi e' OPERA„T,ING:rF U,N DShy 1;7117A78f General Obligation Debt Svc. trafegy; v DEBTS,ERUIC E FUNDS�N General Permanent Impv. Exposition Center Fund strategy Typg SPECIAL PROJIMRPRM IMPV DEBT, . �? and 11 %9r a gupp„To ta l 339 BOOK VALUE OF ALL INVESTED FUNDS FOR DECEMBER 2009 $ 2,339,717.78 Vol. 1 Pg