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2010-05-11-9:00AM-REGULAR
BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 11 MAY 2010 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 — Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 20: 3. Request from Building Maintenance to transfer $39,778.00 frofn Contingency to Capitol Improvement Projects for air condition controls at the Brazos County Detention Center. 4. Request from Building Maintenance for permission to reallocate $12,300.00 from the Health Department Sprinkler System Capital Project to support the Detention Center Air Condition Controls Project. 5. Budget Amendment 09/10 — 30.1 thru 30.3. 6. Personnel Change of Status. 7. Payment of Claims. 8. Request from Emergency Management for Brazos County's participation in the Brazos Valley Hazard Mitigation Plan, 2010 — 2015 (previously tabled. Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 • Fax: (979) 361 -4503 Vol. 13 3 pg. 18 Commissioners Court Agenda 11 May 2010 Page 2 9. Reappointment of the following members of the Brazos County Child Welfare Board; term of appointment is 6/01/10 through 5/31/2013: a. Suzanne Phelps, Chair b. Gail Bradbury, Vice -chair c. Wendy McDonald, Treasurer 10. Request from Information Technology for permission to authorize Paul Wiggins to conduct an external and internal vulnerability assessment and controlled penetration testing to assess the current security posture of Brazos County's information resources, at no cost to the County. 11. Tax Refund Applications for the following: a. James E. & Sharon K. West c. Citimortgage b. Cornerstone f. Chase Refund c. Elvira Maldonado g. Citifinancial Mortgage d. Gameday Investors Group LLC 12. Request from Jail Administration for permission to utilize unexpended Capital funds in the purchase a replacement ice machine for the Detention Center kitchen; cost of the ice machine is more than what was budgeted. 13. Capital Requisition #00029137 in the amount of $5,735.41 for the purchase of a Manitowoc ice machine for the Detention Center kitchen. 14. Change Orders 7 through 11 in the amount of $35,600.00 for additional abatement work at the Brazos County Courthouse not included in the original bid; total amount is $108,000.00. 15. Permission to award Bid 2010 -29, Purchase and Construction of a Metal Building for the Exposition Complex, to Collier Construction based on best price. 16. Contract with Collier Construction for the purchase and construction of a metal building for the Exposition Complex. 17. Request for permission to enter property belonging to Goen Family Ltd. Partnership located off Tonkaway Lake Road for the purpose of disposing of excavated material from a drainage reconstruction project along Tonkaway Lake Road for the health, safety and welfare of the general public. 18. Request from Wickson Creek Special Utility District to construct three 30 ft. road bores for water line installations in the right of way of Weedon Loop at address numbers 8646, 8690 and 8762. Site is located in Precinct 3. 19. Request from Wickson Creek Special Utility District to construct two 30 ft. road bores for water line installations in the right of way of Shirley Road approximately 2,000 ft. and 3,500 ft. from FM 1 179 to provide service to address numbers 7420 and 7443. Site is located in Precinct 2. voL 1 �- 33 -- -- Pg l �1' 0 Commissioners Court Agenda 1l May 2010 Page 3 20. Final Plat of Wolf Estates Subdivision Lots 1 -3, Block 1, 24 acre tract, William Devers survey, A -14, Brazos County, Texas with exception to the following requirement: show 10 ft. public utility easement centered on all interior lot/property lines. Site is located in Precinct 1. 21. Announcement of interest items and possible future agenda topics 22. Call for citizen input and/or concerns. 23. Agency / Board / Committee reports by Court members 24. Adjourn 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 w � o �ng kig days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. -- Pg--- q I — COMMISSIONERS' COURT REGULAR MEETING MAY 11, 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, May 11, 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. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was a request from the Building Maintenance department to transfer $39,778.00 from Contingency to Capitol Improvement Projects for air condition controls at the Brazos County Detention Center. On motion by Vol 133 Page l a Commissioners Court meeting May 11, 2010 2 Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter for consideration was another request from the Building Maintenance department. This request is asking the Court to reallocate $12,300 from the Health Department Sprinkler System Capital Project to the Detention Center Air Condition Controls Project. This is due to the work that was to be done with the funds is not needed because the stand pipe was found to be compliant with current standards. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request to reallocate $12,300 from the Health Department Sprinkler System Capital Project to the Detention enter Air Condition Controls Project. The Court next considered Budget Amendment #09/10 -30.1 through 30.3 that would reallocate funds for the County Auditor, Brazos Center, and transfer funds from Contingency to Capital Improvement Projects to Maintenance, from Capital Project Health Department to Air Condition Controls Project. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. Vol 133 Page 03 Commissioners Court meeting May 11, 2010 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7074124 through 7074395 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of request from Emergency Management for Brazos County's participation in the Brazos Valley Hazard Mitigation Plan, 2010 -2015. Chuck Frazier, Emergency Management Coordinator spoke on the plan and explained that it was sustained actions taken to reduce or eliminate long term risk to people and property. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve Brazos County's participation in the Brazos Valley Hazard Mitigation Plan, 2010 -2015. The Court next considered the reappointment of individuals to serve on the Brazos County Child Welfare Board Vol 1' Page 1 °I L� Commissioners Court meeting May 11, 2010 4 for a term beginning June 1, 2010 through May 31, 2013. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to appoint the following individuals: a. Suzanne Phelps, Chair b. Gail Bradbury, Vice Chair C. Wendy McDonald, Treasurer The next matter before the Court was consideration of a request from the Information Technology Department to approval an external and internal vulnerability assessment and controlled penetration testing to assess the current security posture of Brazos County's information resources. This assessment is at no cost to the county. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the external and internal vulnerability assessment and controlled penetration testing to assess the current security posture of Brazos County's information resources. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. James E. & Sharon K. West, over payment $21.32 b. Cornerstone, over payment $33.11 c. Elvira Maldonado, over payment $10.84 d. Gameday Investors Group LLC, over payment (10) $1,095.63, $1,095.63, $1,095.63, $1,095.63, $1,095.63,$1,109.74,$1,109.74, $1,095.63, $1,095.63, Vol 1 Page L Commissioners Court meeting May 11, 2010 5 e. Citimortgage, over payment $100.79 f. Chase Refund, over payment $71.22 g. Citifinancial Mortgage, over payment $200.01, $16.72 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered a request from the Jail Administrator for permission to utilize unexpended Capital funds in the purchase of a replacement ice machine for the Detention Center kitchen. The Commissioners Court originally approved $5,000 for the capital purchase but it was later determined that the cost had increased and exceeded the budgeted amount by $736.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The next matter for consideration was capital requisition 400029137 in the amount of $5,735.41 to Kesco for a Manitowoc Ice Maker for the jail. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the capital requisition. The Court next considered Change Orders 7 through 11 in the amount of $35,600.00 to Building Abatement Demolition Company. This is in addition to the amount previously approved. This will increase the contract amount from Vol ( 33 Page 19 Commissioners Court meeting May 11, 2010 - 6 $72,400.00 to $108,000.00. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve Change Order 7 through 11 Outside of Phase One and Phase Two. A copy is attached. The next matter for consideration was Bid 2010 -29, for the Purchase and Construction of a Metal Building for the Exposition Complex. Pat Howard, Purchasing Agent recommended acceptance of the bid submitted by Collier Construction. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation and award the bid to Collier Construction. A copy of the bid tabulation is attached. The Court next considered a contract between Collier Construction and Brazos County for the purchase and construction of a metal building for the Exposition Complex. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of the Goen Family Vol `133 Page M Commissioners Court meeting May 11, 2010 7 Ltd Partnership on Tonkaway Lake Road in Precinct 3 to dispose of excavated material from a drainage reconstruction project along Tonkaway Lake Road. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered the request from Wickson Creek Special Utility District to construct three 30 foot road bores for water line installations in the right -of -way of Weedon Loop. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, 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 Court next considered the request from Wickson Creek Special Utility District to construct two 30 foot road bores for water line installation in the right -of -way of Shirley Road approximately 2,000 feet and 3,400 feet from FM 1179. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request Vol 133 Page 19K Commissioners Court meeting May 11, 2010 8 from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Wolf Estates Subdivision Lots 1 -3, Block 1, 24 acre tract with exception to the following requirement: Show 10 foot Public Utility Easement centered on all interior lot /property lines. The site is located in Precinct 1. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to remove this item from the agenda. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Tom Randall, Deputy Sheriff a) There were 515 inmates in jail, 73 have monitors and 35 are pending for monitors. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Cauley a) The Brazos Valley Museum's fund raiser was a big success. She thanked the County for it's support. There being no further business to come before the Court, the meeting was adjourned. Vol 1 33 Page 1 99 The foregoing minutes of the Commissioners Court meeting held May 11, 2010 have been examined and are approved in open Court this the /j 77 day of SA 2010, in Bryan, Brazos Duane Peters Commissioner, Precinct 2 �1�1:.I.'11►rn11� Commissi Attest: Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallkrd Commissioner' , Precin 3 4. >V,6 Q ... Karen McQueen County Clerk ,�t�• �w.I- ' Vol 133 Page goo County, Texas. BRAZOS COUNTY COMMISSIONERS COURT Meeting on I �� 2010 PAGE I of 7- Vol._ 33 Pg. a01 t� -- p4 _ 1 JN3M� - N_a. No i�Ti►\ ``� i PAGE I of 7- Vol._ 33 Pg. a01 BRAZOS COUNTY COMMISSIONERS COURT Meeting on ,2010* !9"j PAGE Z of Z Vol. q 3 3 P a o ol- Organization / Department M Name y C4 cK�a� •PS! VCD�r L //0 "d LJ,ll U PAGE Z of Z Vol. q 3 3 P a o ol- BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 30.1 thru 30.3 On this the 11" day of May 2010 at a regular meeting of the Commissioners' Court, the following members were present: 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 The following proceedings were held: THAT WHEREAS, on 11 May 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 11" day of May 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: X Ran s, 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. 133 P 0 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 30.1 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 16000100 61110000 CR Conference and Seminar fees 650.00 0100 16000100 67342000 DR Furniture 650.00 County Auditor• To reallocate funds to urchase a filing cabinet for new employee. 3 2 VOL— 3 -�---Pg. -- ._" BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 30.2 5/11/2010 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 1 36500100 1 60440000 1 CR Janitorial Supplies 850.00 0100 36500100 67203000 DR Minor Computer Hardware 850.00 Brazos Center: To reallocate funds to cover the purchase of a new scanner. Vol. 13 3 Pg. 205 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 30.3 5111/2010 FUNDI DIV I ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc - General Fund 39,778.00 0100 91110000 DR Transfer to Capital Im rovements 39,778.00 4500 49028000 CR Transfer fm General Fund 39,778.00 4500 63000500 80101009 DR Improvement - Old Jail AC 39,778.00 4500 63000500 65050000 CR Capital Improvements: Building Maintenance 12,300.00 4500 63000500 80101009 DR Improvement - Old Jail AC 12,300.00 Contingency & Capital Improvement Projects: Maintenance To reallocate funds for Maintenance to purchase Air Condition Controls for the Brazos County Detention Center. The second entry is to reallocate funds from the Health Department Sprinkler System Capital Project to support the Air Condition Controls Project. Vol. 1 3�!) Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 11, 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 Building Maintenance Rincon, Guadalupe New Hire County Attorney Marshall, Lauren Resignation County Judge Mason, Stephanie New Hire JP 1 Walker, Courtney New Hire Wieters, Rebecca Resignation Juvenile Rosemond, Carolyn Promotion Approved in Commissioners' Court: May 11, 2( County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 130 -- ... -------------- .. .... - BUILDING ABATEMENT DEMOLITION COMPANY, INC. May 5, 2010 We are supplying the following information as a request for cost compensation for additional work to be completed to facilitate the ongoing remodeling project for the Brazos County Courthouse. 7. Plaster ceiling in hallway adjacent to County Clerk's office -680 Sq. Ft. (Full Containment) $2,600.00 8. 1st floor -AHU #1 -6 approximately 100 linear feet (glove bag) $1,200.00 9. 1st floor (old Sheriffs office) - Plaster Ceiling 330 Sq. ft. (Full containment) $3,400.00 10. 1st floor (second containment area) - Plaster soffit and fascia 100 Sq. ft. (Full containment) $2,400.00 11. Black mastic waterproofing as identified in 8 different areas throughout 1" floor. (Full containment) $26,000.00 If additional information is needed please feel free to call anytime. Regards, Jud Stringer, Manager APPROVED: Sims, County Judge date 1501 COUNTY ROAD 256 LIBERTY HILL, TX. 78642 OFFICE 512- 778 -6069 FAX 512- 778.6066 Vol. 13 — 3- Pg.--- 0 0 z 0 x Vol. Pg. } \ \ � k } \ \ \� \ \ � } \ \ \ \ k IR j i [ � { §( ( \ /�� § §( Vol. Pg. ''' =AIA Document A101"' - 2007 Stahalard Form of Agreement Between Owner and Contractor where 11" p rnent is a Stipulated Sum 9GREEM ENT made as of the Twenty Eighth day of April in the year Two Thousand Ten (In wads, indicate da,y; and year.) ADDITIONS AND DELETIONS: since the plans and specifications for to Owner. The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document Indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference Do not use With other general conditions unless this document is modified. AIA Document A101 `. —2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1901, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Inh• Institute of Architects. Ail rights reserved. WARNING: This A10 Document is protected by U.S. Copyright Law and International Trestles. 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 f maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 051042010 under Order No.8675312638 1 which expires on 09/092010, and is not for resale. User Notes: 1 2 r� / O (1332635696) Vol. � Pg. TABLE OF ARTICLES s +11�' 'THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DOCUMENTS e � alS, J €` ilk e s� i S � r / z .qp t-, i scum "tits'cohstst of this Agreement, between the Owner and Contractor, Conditions of the Contract wx> ons A'IA Docy>Ytent A201 -2007 as modified by the Owner (refereed to in the Contract Documents as ndlnon"s ") aSgp ,Aementary and other Conditions of the Contract, Drawings, Schedules, �= #lx', .pi dg %sf)UQ'prior to execution of this Agreement, other documents listed in this Agreement for �,pfk"theg ppsion of the Brazos -County Exposition Complex, Phase II (Bid No. 2009 -19), ppssal uC`response to the Bid (hereinafter,' Proposal ") and written Modifications to such proposal Owner tf et3y: Amendments to the Contractor's Proposal, if any; other documents listed in this modtficahons issued afterexecution of this Agreement, The Contract Documents are fully apa>;t�ditlie Contractandsts attached to the Agreement or repeated herein. An enumeration of the ienls other than J cation, appears in Article 9. Y AR': s form tite Contract for Construction (hereinafter, "Contract "). The Contract represents Lfegr to ed a a ting to the subject matter hereof between the parties hereto and supersedes � negotlahons . epresent�adons, or agreements concerning the subject matter hereof, whether written ythe-p rtLes.yEa ha acknowledges that the other party, or anyone acting on behalf of the other no representations, inducements, promises or agreements, orally or otherwise, unless such mduemeiits promises, or agreements are embodied in the Contract expressly or by incorporation. ocumen s eha7l construed in accordance with the laws of the State of Texas, and venue for any atmg #o 8'�Gontract Documents or the Work shall be in the Brazos County, Texas. The Contract lint be'cohst wed to create a contractual relationship of any kind (l) between the Architect and the befwesn the Owner and a Subcontractor or Sub - subcontractor, (3) between the Owner and the )` IWeen any persons or entities other than the Owner and the Contractor. § 1.3 Except as otherwise provided for herein, the Contract Documents may be amended or modified only by a Modification A is: (1) a written amendment to the Contract agreed to and executed by both parties; (2) (3) a Construction Change Directive; or (4) a written order for a minor change in the Work ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. Init. AIA Document A701 "' — 20D7. Copyright ®1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963. 1067, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAs 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 14:47:25 on 05!0412010 under Order No.8676312636 1 which e Vires m 09/09 /2010, and is not for resale. User Notes: Vol. T pg. o /'t ' ' (1332635696) C I ,§ ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 1 Y , { 31 The date of commencement (hereinafter, "Commencement Date ") of the Work shall be the date of this P unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed lssu It Owner. ert$ke date ofcommencement if it differs from the date of this Agreement or if applicable, state that the date in a notice to proceed.) mencement Date shall be fixed in a Notice to Proceed issued by the Owner, after formal approval of the by the Brazo Commissioners Court (hereinafter "Commissioners Court") nee Work on the Project no later than fifteen (15) days after the date of the award of the e Commissioners Court or as established in a notice to proceed issued by the Owner, fifteen (15) days are to allow the Contractor time to obtain the required bonds and ocumentation to the Owner and to schedule the required resources to begin Work on the Ito of the Work, the Owner requires time to file mortgages, documents related to related to other security interests, the Owner's time requirement shall be as t i ' . Y §�32 the taonlract p me "shall be measured from the commencement date, subject to adjustments of the Contract }1vl ime as provided m"UieiConlraet Documents. The term' Day' in the Contract Documents shall mean Calendar Day. * S ° xrt7 wL`SVti tMe+ Cgtractomsna (achte a Substantial Completion of the entire Work not later than Sixty (60 )calendar fromzthe co�}mnencement �3ate, or as follows: olrll% Qrt�ersfca' rf�unlbelco days. Alternatively, a calendar date may be used when coordinated with the date of + n r c o o menee »ient.Jfapprop�rtate, insert requirements for earlier Substantial Completion of certain portions of the ty�°�'s . l'`6 1 All of =the•Contractorr i OW shall bo,substantiallyccmplete no later than Sixty (60) calendar days from the Commenceme r'!;'ltb Con fdctorsttndersumds that the Owner will suffer financial loss if the Work is not substantially corplete on the date 1'Ordl in the Contract Documents. The parties agree and acknowledge that damages,to, Owner�that se d by a failure to substantially complete the Work by the date set forth in the '+ 'n M r+ Gon'hact Documents is,dif cult to ascertain. Should the Contractor fail to achieve Substantial Completion on or s ? ore 'bf�the days7Wed herein rorSSUCh dates thereafter as may be established in any written extensions of time sf t y ti bra ated by dt6O e Contractor shall be assessed liquidated damages in the amount of. Five z r :Hbndred ,Do llars and ero `Cents ($SOJ'00) per day for each day thereafter until substantial completion is achieved. Contractor and Contractor s surety are liable for and will be required to pay the Owner the stipulated and fixed •.A.(iis b dsscnbed herem as liquidated damages for each calendar day until the Work is Substantially Complete. The parti es mtendsfor the uid'a&&damage amount set forth in the Contract Documents to be an estimate or reasonable forlxast of the damages;Fhefbwn . ef will suffer for Contractor's failure to substantially complete the Work by the date x C - y .. ., r'a.; ,het forth Documents and such is not intended to be a penalty. The Owner, in its sole discretion, may , r,yi d�duct and/'orFSu�fract. such liquidated damages from any amounts due and payable to the Contractor upon notice t tfi'ereof. Noty i)fistand ng any provisions contained herein, the liquidated damages provisions described herein are limited to damages az ;smg from the Contractor's failure to achieve Substantial Completion by the dates set forth in > the Contract Documents and shall not preclude pursuit of any other remedies provided for in the Contract Dccuments or any other remedies provided bylaw or equity, except for damages arising from the Contractor's e *?� failure to aclneve Substantial Completion by the dates set forth in the Contract Documents, nor shall pursuit of such f�Y y 1" iquidat dam g provided for herein constitute a forfeiture or waiver of any other obligation of the Contractor 9 , v s w t° heietindet or of ahy other damages accruing by reason of the Contractor's breach of this Agreement. k Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. [nit. AIA Document A101TM -2007. Copyright ®1915,1918, 1925, 1937,1951,1958, 1961, 1963, 1967, 1974, 1977. 1987.1991,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the l maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 0 51042 01 0 under Order No.8675312638 1 which expires on 0910912010, and is not for resale. User Narea: Vol l 1' r � � n �` "` (1332635696) O ' (Insert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on time orfor �bonus p for early completion of the Work) Zk w � YY t yi tea .�f sI �y }. Y " yL� 4 CONTRACT SUM Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the The Contract Sum shall be One Hundred Sixty Three Thousand Four Hundred Dollars and Zero Cents ($ )0 ), subject tc�additions and deductions as provided for in the Contract Documents. The Contract Sum may hanged by a3vIgdification that is formally approved by the Commissioners Court. 9ed upon the following Base Proposal and alternates, if any, which are described in the hereby accepted by the Owner: dentfication ofaccepted alternates. If the bidding or proposal documents permit the ates subsequent to the execution of this Agreement, attach a schedule of such other Me, each and the date when that amount expires.) ......................... ............................... Complete Stamped Engineered Shop Drawings Faced Fiberglass Roof Insulation ....... ............................... ........................... ..............................$ 163,400.00 $158,700.00 $ 500.00 $ 4,200.00 state quantity limitations, ifany, to which the unit price will be applicable.) Units and Limitations Price Per Unit ($0.00) Per pier (12 ") 448.00 Per Pier (18 ") 560.00 Per Pier (24 ") 672.00 LF of Add 12" Pier 28.00 LF of Deduct 12" Pier 8.00 LF of Add 18" Pier 35.00 LF of Deduct 18" Pier 10.00 LF of Add 24" Pier 42.00 LF of Deduct 24" Pier 13.00 LF for 12" Casing 24.00 LF for 18" Casing 30.00 LF for 24" Casing 36.00 Sum, if any are contained in the Project Specification Section 012 100 ifany, from the allowance price.) Price none Allowances shall be made by Allowance Expenditure Authorizations (AEA) and shall be :ten order for minor changes in the work" per section 1.3 above. 4.5 Assumptions, it any, on which the Contract Sum include representations contained in the Contractors Proposal to Brazos 4.6 Changes in the Work IniL AIA Document A101TM - 2007. Copyright ®1915, 1918,1925,1937, 1951, 1958. 1961, 1983, 1967,1974,1977, 1987,1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and cdminal penalties, and will be prosecuted to the l maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 05104/2010 under Order No.8675312638 1 which expires on 0910912010, and is not for resale. 3 (1332635698) User Notes: Vol. 1 3 3 Y 4.6.1 Changes In the Work may be accomplished by any of the methods listed in Article 7 of the General Conditions, modified by S PAYMENTS ibRESS PAYMENTS led upon Applications for Payment submitted to the Architect by the Contractor and Certificates for issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the )r as provided below and elsewhere in the Contract Documents. each Application for Payment shall be one (1) calendar month ending on the last day rolccation Date" or as follows: :nt must be received and certified by the Architect not later than the Application all make payment to the Contractor not later than thirty 30 calendar days after the for Payment. Payment is deemed "made" when the check for the payment is mailed with the Owner's financial policies and procedures 4'^is: i6 3 � * r ' fiy.k N Y J " "K 1 rya t =<r 1 x! yment shall be based on the most recent schedule of values submitted by the the Contract Documents. The schedule of values shall allocate the entire Contract is of the Work. The schedule of values shall be prepared in such form and supported ,curacy as the Owner after consultation with the Architect, may require.. This g eed to by the Owner, shall be used as a basis for reviewing the Contractor's '?Owner shall have final review and approval of each Application for Payment. show the percentage of completion of each portion of the Work as of the end on for Payment. &e Contractor's Applications for Payment, the Owner shall be entitled to rely on the of the information furnished by the Contractor and shall not be deemed to have made a =or arithmetic verification of the documentation submitted in accordance with Section 7 data, to ave made exhaustive or continuous on -site inspections; or to have made ow or for wwl A purposes the Contractor has used amounts previously paid on account of nmafaori u and verifications, if required by the Owner, will be performed by the in' tfiesola interest of the Owner at the Owner's sole discretion. approval, the Contractor shall not make advance payments to suppliers delivered and stored at the site or otherwise stored in accordance with Sublect4c other p,X!WSA's,�of the Contract Documents, the amount of each progress payment shall be led as follows 1 }Take that porElon of [he Contract Sum properly allocable to completed Work as determined by ' s n;inulriplying the percentage completion of each portion of the Work by the share of the Contract Sum allocat�,to that portion of the Work in the schedule of values, less retainage of five percent ( 5% a %� Peljding final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions, z modified by the Owner; 2$„ Aid that portion of the Contract Sum properly allocable to materials and equipment delivered and `t t r suitably stored at the site for subsequent incorporation in the completed construction (or, if approved 1n advance by the Owner, suitably stored off the site at a location agreed upon in writing), less fq t . ; Xetpmage of five percent (5 .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007 General Conditions, modified by the Owner. Init. AIA Document A101 - 2007. Copyright E) 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 0 5 /0 41201 0 under Order No.8675312638_1 wNch expires on 0910912010, and Is not for resale. User Notes: ` al. ' 3 3 r 1 q (1332635696) V }j' § 5 .7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under tlie�'foll`owing circumstances: s ?z 1 sufficient to increase tota e r }LLt 5 43 �ddamount of the Contract um, less such amounts as the Architect hall determine for incomplete Work, retainage applicable to such work and unsettled claims; and s _ (Section 9.8.5 of AIA Document A201 -2007, General Conditions, as modified by the Owner, requires 1� release ofapplicable retainage upon Substantial Completion of Work with consent ofsurety, if any) 2 Add iMnal completion of the Work is thereafter materially delayed through no fault of the in Section 9.10.3 AIA Document srContraco ;',any additional amounts payable accordance with of General Conditions, as modified by the Owner. 8 Redo @666 orflunrtation of retainage, if any, shall be as follows: is lnteruledr pnorxto Substantial Completion of the entire Work, to reduce or limit the retainage resulting from -» 6 aV ? ercentages i4erted ln,�eo�Nons 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract JR t',kojliefeprpyu vns for such reduction or limitation.) §ar t'9 I N C ep v tth theOwrer written approval, payments for the Work shall be subject to retainage of not s a K ilian P,r�e.pUgffif {S py Thf ,Owner and the Contractor shall agree on a mutually acceptable procedure for �t y s t A' .9 �� 41. �, � x rovw anO appro al p bSym_enxs and retention Subcontractors, Sub - subcontractors, and suppliers. FINAL PAXM�NT •,7 Fnal�a,Y� en�t�colis'htu the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor, vh'en °'•,„'? V , ` }1 F y s"i'1 M tlyepntr actbr,itas fully performed the Contract except for the Contractor's responsibility to correct "; t' as rgvldj in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, htohe`'ztend beyond final payment; and kg a ladinal Certificate for Payment has been issued by the Owner. q 2 aThe Otvtier sfmal payment to-the-Contractor shall be made no later than Thirty (30) calendar days after the ssiiance of the 0l ner Zs $nal CernS I, or Payment. Notwithstanding the foregoing, the Contractor understands ogees thai.Snal payment to the Contractor is contingent upon formal approval of the Commissioners Court. �, � Ky ;5 y �� krl F :N � t Y � ✓, leji�, rl � {:.� ,+JV.,�Ys�' ar ti,�k °� f , , 'ARTIC�.E6 „�DI3PUTERESO,L >am a c n� g 4 ti t ro� }r a M ki'L k ski It���/ ;,I`s(P.ar4Lgrap� deleted) pgleted'� 4 w�tgN� § B,2�BINDING DISPUTE'RE SO,.LUbbN S }sFoi any Gla1m s`ublect to but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the ' � v ey r method ofibmdn"M spute resolution shall be as follows: 1 rr' (Check th2`app pridte box. If the Owner and Contractor do not select a method of binding dispute resolution ?s.4, below, or do7ibsub,Sequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) n pursuant to Section 15.4 of AIA Document A201 -2007 y Litigation in a court of competent jurisdiction 1 Other (Specify) AIA Document A101 n' — 2007. Copyright ®1915. 1918, 1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, 1977,1987,1991,1997 and 2007 by The American [nit. 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 t maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 05/04/2010 under Order No.8675312638 1 which expires on 09109/2010, and is not for resale. User Notes: (1332635696) Vol. J � p � I S ARTICLE 7 TERMINATION OR SUSPENSION § 7,1.The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A241r 0(7 General Conditions, as modified by the Owner. % Work may be suspended by the Owner as provided in Article 14 of AIA Document A201- 2007General litions, as modified by the Owner. ALE 8 MISCELLANEOUS PROVISIONS Where reference 55smade in this Agreement to a provision of AIA Document A201 -2007 General Conditions, 3dified b the Ow g i or another Contract Document, the reference refers to that provision as amended or + \ .3:CsYV . . lement Rv otheP;-nro'vtslons of the Contract Documents. under the Contract shall bear interest as provided by law under the Contract if any.) is: "I'he Own %s D'est ated iesentative, identified above, shall be authorized to act on the Owner's behalf with t ' h F $p, i J i . authori g P Y a pprovals, s v re eci t`o the Pso ect ands all deemed to have the authori to issue execute, rant, or p an a " r � `requests ryno cespr ojhericommunications required by the Contract Documents or requested by the Contractor. This s ' # gayr[honty dpes. lgtlttcbidd' the authority to amend or modify the Contract, except the Owners Designated *'v'.' _ Reps�sentahve.does Nava ttie if required by the contract documents, to sign Construction Change „x x'' ° 'Dtrectrves an i Mmgr Chan g es m th ork, Per section 1.3 above. 'a '+.'L 3i't' i f x�Rx ' §b4111e'Contractors r6pres'e'tttatrve M . and other informahon) ,Larry c Collier Construction Inc ""' Brenham Texas Contiadtons t Representative identified above shall be authorized to act on the Contractor's behalfwith respect � I to; ,the Proled[,;1uldsiiallbe deemed to have the authority to issue, execute, grand or provide any approvals, requests, i^��nh�)`ti notices or oifiee communications required by the Contract Documents or requested by the Architect/ Owner. This u' authority does not include the authority o amend or modify the Contract. 6;8 5 Neith the Owner's Designated Representative nor the Contractor's Designated representative shall be ckanged,yntftptitj: en (10) days written notice to the other party. Notwithstanding the foregoing, the Owner may, in its sole discretion, require the Contractor to replace its representative with an employee of equal experience and competence upon request by the Owner if the Contractor's Representative is unsatisfactory or unacceptable to the Owner. The Owner's Designated Representative and the Contractor's Designated Representative shall act as the primary point of contact between the parties. To the maximum extent practicable, communications between the Init. AIA Document A101 — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958.1961, 1983, 1967. 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A] A Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 0 510 412 01 0 under Order No.8675312638 1 which expires on 09109=10. and is not for resale. User Notes: (1332635698) Vol. 133 p LQ parties shall be through the Owner's Designated Representative and the Contractor's Designated Representative, unless otherwise provided for herein. �4 n� s� k r , §,$i60ther provisions: 6ts, if any, engaged by the Contractor shall be persons or entities duly licensed and authorized to practice ofessions in the State of Texas and are listed as follows: name, address „license number, relationship to Contractor and other information.) directly by the Owner, are listed below, including their professions and responsibilities: mean "Owner” since the plans and specifications for Proposal Request No. 2010- A 83 TITS 'o a]4 GTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS I HE OWER Y AND ALL EMPLOYEES OR AGENTS OF ANY OF THEM CQL'LECsl'IVELX EFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST AX`ANDL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND R " , EXPENSES, rNCIi G, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OIJ7 OF, RESUTTG FROM, OR OCCURRING IN CONNECTION WITH, THE PERTO�tNIAlYE *© TE WORK, PROVIDED THAT SUCH CLAIM, LIABILITY, DANTGE,OSS cU!S, OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, u SICKNESS; DISEASE OR DEATH, OR TO INJURY TO OR DESTRUCTION OF Lywc n l "x 3 i" } s �'A1�gGIBI.ETROPERTY (OTHER THAN THE WORK ITSELF), IN ANY WAY , OCCURRINGI NCI17ENT TO, ARISING OUT OF, OR IN CONNECTION WITH: (A) A A BY2EACF`OIj TI W PROVIDED BY THE CONTRACTOR; (B) THE s;t W:ORKPERFORIIIED ORO;BE PERFORMED BY THE CONTRACTOR, ITS f` r 't SI $CONT $ CT�QRS,iS,U SUBCONTRACTORS, AND SUPPLIERS, AND THEIR �_� EEP,L nAGENTS; (C) ANY NEGLIGENT ACTION AND /OR OMISSION `' OF TITE CONTRACT, OE RELATED IN ANY WAY TO THE PROJECT, WHETHER 1 Ol7NOT�%j IT(D IVINITEEjS ARE NEGLIGENT IN PART; OR (D) ANY FINES, PEN kLT =IES, Dt1MAGES(INCLUDING PUNITIVE), LIABILITIES, COSTS, AND EXPENSES IN CONN WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, OW) v ' CODE, OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES TIiE•CONTRACTOR; (2) MEANS, METHODS, PROCEDURES, „ w OR SEQ[)ECES OE EXECIITION OR PERFORMANCE OF THE WORK UNLESS SO DIRECTED BY THE OWNER, ARCHITECT OR THEIR AGENTS; AND (3) FAILURE , TQ SECU „RE �1�I PAY FOR PERMITS, FEES, APPROVALS, LICENSES, AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE FOR UNDER THE ^COLyTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBI TL ATIOi HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR REDUCE K)HER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 7.7. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILITY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE, AND SHALL NOT LIMIT THE INDEMNITEES' OTHER LEGAL REMEDIES AGAINST THE CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THE AIA Document A101--2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init 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 t maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 05/04/2010 under Order No.8675312638 1 which expires on 09/0912010, and is not for resale. User Notes: (1332635696) Vol. . � 33 p a � 7 INDEMNITY FOR THE ARCHITECT, THE ARCHITECT'S CONSULTANTS, AGENTS, AND EMPLOYEES DOES NOT EXTEND TO ANY INDEMNITY PROHI 11TED BY SECTION 130.003 OF THE TEXAS CIVIL PRACTICE AND RElyIEbIES CODE. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT FOR ANY ACTS OR OMISSIONS PRIOR TO ' ERMINATION. CLE 9 ENUMERATION OF CONTRACT DOCUMENTS ��u The Cori�tact Documents, except for Modifications issued after execution of this Agreement, are enumerated in executed AIA Document A 101 -2007, Standard Form of Agreement Between Owner le AIA Document A201 -2007, General Conditions of the Contract for Owner. and other Conditions of the Contract, if any, are those contained in the AIA 2010 -029 Title including changes to the Proposal Request proposed by the Contractor, if any, :d to this Agreement as Exhibit A: i t.r:f 7 l 2 h F4 j �Me✓ i F �Y:tiv� aF , ied in the Proposal Request No. 2010 -29 as in Section 9.1.3 above unless specifications, and are attached to this Agreement as Exhibit A: N/A 6N [ s£ J Mere ar ref2r (o;hn exhibit attached to this Agreement.) 1 C t q ^rM Title Date n ` }u Number Ad'dendwh Ido ,1 °`I � �^ Date Pages April 12, 2010 1 pages if any, forming part of the Contract Documents: 1. The Owners Bid or Request For Proposal (Bid No.2010 -029; 15 pages ) is attached as Exhibit A to this ONCE AND BONDS purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAL4 Document A201- 2007.) AIA Document AIM- — 2007. Copyright ®1915, 1918,1925, 1937, 1951, 1956. 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 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 i maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 05/0412010 under Order No.8675312638_1 which expires on 09/09/2010. and Is not for resale. User Notes: " . Pg �) 33 l L? (1332635696) Y I . Type of insurance or bond Limit of liability or bond amount ($0.00) xk I,uSeeai`aclied Certificate of Insurance, Performance and Payment Bonds. IS. eemen is entered into as of the j L lk day of /ll A d of the year 2010, and is executed in at 3K ps " `least fluee (2 ginal ra , of whit ne (1)1s to be delivered to e Co "ntractor and one (1) to the Owner. k / / CONTRACTOR (Signature) Collier Construction Inc. Mike Collier President (Printed name and title) ! ti (ir y Jv, P IE 11 w. +APPROYEA as to Form" urea , -t as L M yBY Tma Sa erlm t Cttnl v V1k -,QV r�xj ar'x1 nA� s � �h \�al��c � 61 3 T °tti �.S kr�y " �.r2nl r'�^y't`n'�ff.,"r°` '+>~ v t x ?`By law ) t , 3 razosf,,Cqunty`CivJ& Counsel may only advise or approve contracts or legal documents on behalf of its Q 0 u f R .SIrrP cp,,ap � ma�not�ad�lae�o eprove a contract or legal document on behalf of other parties. Our review of this z= aty9 v ts°PE a 8li a � i•�documenf+was oonduete� from the legal perspective of our client. Our approval of this document was offered �- a� so let y03 the-bene`fif oPp client. Other parties should not rely on this approval, and should seek review and w ax Z11 approval by they respective attorney(s), x,' hwg a < � t XVX 1'H FLV - ..2: r A� /nit. AIA Document A10" — 2007. Copyright ®1915, 1918, 1925, 1937,1951, 1958, 1961,1963,1967, 1974,1977,1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized io 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 t maximum extent possible under the law. This document was produced by AIA software at 14:47:25 on 05104/2010 under Order No.8675312638 1 which expires on 09/09/2010, and is not for resale. User Notes: � (1332635896) voi. X33 Pg. -�- EXHIBIT A to AIA A101 Standard Form of Agreement Between Owner and Contractor dated April 28,2010 PURCHASE AND CONSTRUCTION OF A METAL BUILDING FOR EXPOSITION COMPLEX BID NO. 2010 - 029 BRAZOS COUNTY PURCHASING OFFICE 200 S. Texas Ave., Suite 352 Bryan, Texas 77803 Telephone (979) 361 -4291 Bid No.2010 -029 Page 1 of 15 pages Bids will be received, publicly opened, and read aloud at 2:00 p.m., Tuesday, April 27, 2010 in the Brazos County Administration Building, Suite 352, 200 S. Texas Avenue, Bryan, Texas. A. SCOPE OF BID Furnish, deliver and erect a complete and functioning structure on the specified site located at the Brazos County Exposition Complex located at 5827 Leonard Road, Bryan, Texas 77803 1. Each Contractor by submitting a bid represents that he has read and understands the documents. 2. Each Contractor, by submitting a bid, represents that he has familiarized himself with the local conditions under which the work is to be performed. If you have question, please email Pat Howard, Purchasing Agent. phoward ,co.brazos.tx.us 3. Contractor selected and contract documents will be completed by Friday, May 7, 2010. 4. Building erection on site must begin not later than Monday, July 5, 2010. 5. A maximum of 60 calendar days will be allowed to complete the project. (building erection start date to final completion) B. CONDITIONS OF BID The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Bid. All Contractors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. vol. 133 Pg. Qa0 Proposal Continuation Sheet Proposal Request No. 2010- 029 BRAZOS COUNTY, TEXAS Page 2 of 15 pages f. SUB- CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful Contractor for the period designated. 3. Bids must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bids that do not fully respond to each specified item. 7. The Contractor must include Employer Identification Number or Social Security Number for the bid to be valid. 8. Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Total price b. Special needs and requirements of Brazos County C. References d. Starting date Although the cost is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost. 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. Vol. 1 '33 Pg.� Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 3 of 15 pages 12. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 13. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 14. Bids must specify the number of consecutive calendar days required to complete the project. I5. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of Commissioners Court, 16. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 17. Bids must show full company name mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Contractor. Company name and authorized signature shall appear in each space provided 18. It is our policy not to furnish proposal results over the phone. Bid results and tabulation sheets will be posted on Brazos County website, Purchasing Department, after it is awarded by Commissioners Court. 19. This Bid will be made part of any resulting contract the County may enter into. C. SPECIAL PROVISIONS Qualified Contractors with questions regarding the bid should contact Purchasing Agent, Pat Howard by email. phowardnn,co.brazos.tx.us Fill out the bid completely,_ identify_ the bid name and number on the outside of the envelope and return it to the Brazos County Administration Building, 200 South Texas Avenue, Suite 352, Bryan, Texas 77803 by 2:00 pm, Tuesday, April 27 2010. The bid is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued to the Bidder. 3. All bids shall be prepared on the bid forms located on the Brazos County web site www.co.brazos.tx.us Go to departments and choose Purchasing, then go to Bids and RFP's. Download the bid or RFP that pertains to you. Be sure to put the bid number and name on the front of the envelope before mailing it to the Purchasing Department. Vol. 133 pg. g a a Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 4 of 15 pages 4. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. 5. At the public opening, the bids will be read aloud. 6. The contract shall be awarded to the responsible Contractor whose bid is determined to be the best evaluated offer. 7. All bids reasonably susceptible to being selected will be given fair and equal consideration, and discussions may be conducted with these Contractors 8. Your response to this bid should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 9. Performance Standards: 1. All services contracted herein shall be done in a courteous and orderly manner. All Contractors personnel shall be appropriately and neatly dressed at all times while on the property. 2. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. 3. All materials and equipment brought to the site are full responsibility and liability of the Contractor until removed from the site as required. 4. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. 5. The Contractor shall at all times enforce strict discipline and good order among its representative(s). The Contractor shall only utilize personnel who are, in the opinion of the County, satisfactorily and sufficiently skilled for the efficient performance of all work herein contracted to be done. 6. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. 7. The Contractor shall be responsible for initiating, maintaining and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project Vol. 133 Pg. a--a 3 Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 5 of 15 pages and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). D. QUALIFICATION OF CONTRACTOR 1. A construction contract will be made only with a responsible Contractor who posses the ability to perform successfully under the terms and conditions of this project. In addition to apparent low bid, the County may give consideration to such matters as Contractor integrity, demonstrated ability to execute the work required by the contract documents, record of past performance, financial and technical resources. E. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. F. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of Us Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self - insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall famish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy C. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be Vol. ) 33 p g . as q Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 6 of 15 pages suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be famished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an ANIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Vol. 133 Pg. as S Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 7 of 15 pages Certitieate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC -81), TWCC -83, or TWCC -84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the proiect - includes the time from the beginning of the work on the project until the Contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractors" in section 406.096 {of the Texas Labor Codel) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereat er. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have vol. Pg. Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 8 of 15 pages known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be Vol. l 33 p g. a 7 Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 9 of 15 pages based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self - insured, with the commission's Division of Self - Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be fumished with the certificates of insurance. 5. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 6. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. Vol. — 33 -- -- Pg — `-- a-- _ Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 10 of 15 pages The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees form and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. C. The Contractor shall indemnify and hold harmless and defend the County from any an all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery Vol. — 3 3 -- Pg.— — -- -- Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 11 of 15 pages and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 8. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. G. BONDING REQUIREMENTS 1. The County will, prior to signing the contract, require the General Contractor to furnish bonds covering the faithful performance of the Contract. The following bonds may be required: a. A satisfactory performance bond is required if the contract price exceeds $100,000. This Bond shall be issued by a bonding company approved by the County for the amount of 100% of the total price of the Bid. This must be issued to the County within ten (10) days of the award of the Contract. b. A satisfactory payment bond is required if the contract price exceeds $25,000. This Bond shall be issued by a bonding company approved by the County for 100% of the total price of the Bid. This must be issued to the County within ten (10) days of the award of the Contract. H. PREPARATION OF BID 1. The Contractor shall submit his bid on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. Vol. 133 Pg. a3y Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 12 of 15 pages 2. If a bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If the bid is submitted by a firm, association, or partnership, the name and address of each member must be given, and the bid must be signed by an official or duly authorized agent. I. GENERAL CONDITIONS I. Responsibility of the contractor to leave building site in as good or better condition at building turn over. 2. All unused material to be protected and stacked on dunnage for easy relocation by owner. 3. All permits are to be responsibility of the owner. 4. Contractor responsible for relocating pier spoils to an area on site, in a location designated by the owner. 5. Contractor to be responsible for all safety reporting and compliance with governing regulations. 6. Trash removal is the responsibility of the metal building contractor. 7. Standard metal building colors to match existing metal storage building in compound. 8. All labor, materials, equipment and other incidentals required to turn over a completed and functioning building to be part of this bid unless specifically excluded. 9. Building to include a minimum 1 year warranty for entire building which includes all repair material, labor and equipment to make building acceptable to owner. Also, a minimum 20 -year warranty for finishes and a minimum 20 -year warranty for roof. 10. All steel to be clean prior to turn over of building to owner. 11. Furnish and install all trim, flashing, coping fascia, corner units, clips, sealants, gaskets, fillers, closure strips and other incidentals as needed for a complete building. 12. Furnish and install all wind bracing as required by the governing authority. 13. The contractor will be responsible for obtaining the services of a structural engineer licensed in the State of Texas to provide a design for the proposed structure and all related concrete support foundation. 14. All metal is to have a protective primer coat priop to final acceptance. Vo1. Pg- Proposal Continuation Sheet Proposal Request No. 2010- 029 BRAZOS COUNTY, TEXAS Page 13 of 15 pages 15. Welds (if applicable) are to be chipped, brushed and cleaned in accordance with installation requirements of primer finish manufacturer. 16. The owner will provide benchmark and building comers, all other field engineering to be provided by contractor. J. BASE BID For base bid pricing, please include the following items: A. Metal Buildinft 1. (1) 100'x150'x14' metal building to include the following items; a. No concrete slab required b. Anchor bolts as approved by metal building engineer C. Pre engineered steel clear span structure d. Erection Drawings e. R -Panel galvalume metal roof (minimum 26 Gauge) or standard color to be selected by owner f. R -Panel metal siding (minimum 26 Gauge) (1) 150'x14' side wall and (2) 100'X14' end walls with standard color to match existing storage building in compound. g. 3: 12 Pitch Roof h. Three 10' ridge vents i. Gutter and Downspouts to include 300 LF of gutter and fourteen (14) downspouts all to match j. Provide and install 4" corrugated drain pipe to each downspout and run drainage underground to ditch or drainage area on edge of existing compound. Match drainage to existing storage building in compound. k. All materials and components to be new and to conform to existing specifications (07600 and 07900) 1. All caulking and sealants necessary and required by the existing specifications m. Clear and construct a level pad to match south drive elevation n. Provide and install a 200'x200' 10" thick limestone base compound area where building will be located and dirt work to slope away from building o. Clear and level a 300'x100' area adjacent to the compound area P. Electrical lighting and outlets to match that in existing metal building in compound q. Furnish and install steel bracing for panel /stall storage to match bracing in the existing metal storage building in compound r. Appointments can be scheduled Monday thru Friday, 8am -4 pm, to view building location and to field verify all necessary specifications to match those specified herein. Contact Tom Quarles, Director, at 979/823 -3976 Price: One Hundred Fifty Eight Thousand Seven Hundred Dollars and Zero Cents $ 158,700.00 oa 3a. Vol. '1 3 3 pg. Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2010- 029 Page 14 of 15 pages Concrete Piers Provide concrete piers and rebar as required to have a complete support system for the building design as provided by a structural engineer, 1. Unit price per pier (12 ") $ 448.00 2. Unit price per pier (18 ") 3. Unit price per pier (24 ") Linear Foot Pier Pricing 4. Unit Price lineal foot of Add for 12" pier 5. Unit price lineal foot of Deduct for 12" pier 6. Unit price lineal foot of Add for 18" pier 7. Unit price lineal foot of Deduct for 18" pier 8. Unit price lineal foot of Add for 24" pier 9. Unit price lineal foot of Deduct for 24" pier Casing 1. Unit price lineal foot price for 12" casing $ 560.00 $ 6'2.00 c 9,snn $ 8.00 It ac nn 10.00 $ 42.00 MKIL 2. Unit price lineal foot price for 18" casing $ 30.00 3. Unit price lineal foot price for 24" casing $ 36.00 D. Alternates 1. Unit price for complete stamped engineered shop drawings Add $ 500.0 2. 3" reinforced faced fiberglass roof insulation as manufactured by PBI Supply, Inc. or approved equal Add $ K. CERTIFICATION OF BID Vol. 1 -. -325 Pg. �)- 3 3 Proposal Continuation Sheet Proposal Request No. 2010- 029 BRAZOS COUNTY, TEXAS Page 15 of 15 pages The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have not been communicated to any other Contractor prior to the official opening: Signed By: Title: Vice President Typed Name: Tom Albus Company Name: Collier Construction Inc. Phone No. 979- 836 -4477 Mailing Address: PO Box 1889 Brenham Texas 77834 -1889 P. O. Box or Street City State Zip Employer Identification Number: 760264717 Social Security Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID NO. 2010-29 a3� Vol. 1 33 pg. - fittrTiii;:3I1 Z :T:i COLLICON2 ACORD CER TIFICATE OF LIABILITY INSURANCE 412812o;o""Y"' PRODUCER Insurance Network of Texas 143 East Austin Giddings, TX 78942 -3299 979 542 -3666 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Collier Construction, Inc. P. O. Box 1889 Brenham, TX 77834 INSURERA Security National Insurance Company 19879 INSURER e: Travelers Lloyds Insurance Company 41262 INSURERc: The Hanover Insurance Company 22292 INSURER D: INSURER E: SPP100246001 rnvFRAr:FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLIC E PIRATION LTR N TYPE OF INSURANCE POLICY NUMBER DA M /DD O E OD LIMITS A GENERAL LIABILITY SPP100246001 12/1$/09 12115110 EACH OCCURRENCE $1000000 DAMAGE TO RENTED $500,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE QOCCUR MED EXP(Any one person) $5000 PERSONALSADVINJURY $1000000 X PDDed:5,000 GENERALAGGREGATE t2.000. GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGG $2000000 ' F - I PGLICYF - X JE X LOC A AUTOMOBILE LIABILITY ANY AUTO SPP100246001 12/15/09 12115110 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per,enrcn) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (PeraccBenl) $ HIREDAUTOS NON- OWNEDAUTOS • • PROPERTY DAMAGE (Per accident) $ Drive Other Car GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO B LIABILITY OK09101839 12/1$/09 12/15/10 EACH OCCURRENCE $1000000 OCCUR D CLAIMS MADE AGGREGATE $1 000 000 NXCESSIUMBRELLA $ $ DEDUCTIBLE $ RETENTION $ 10000 A WORKERS COMPENSATION AND SWC1000684 12/15/09 12/15/10 X W STATU- OTH- I FR E.L. EACH ACCIDENT $1, 000,000 EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000 it yas describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000000 C OTHER Builders Ri IHD241046301 12115/09 12115110 Limit $163,400 Deductible $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Earthquake Limit .$2,500,000 Deductible - $ 50,000 Flood Limit- $2,500,000 Deductible - $ 50,000 (See Attached Descriptions) County of Brazos 200 South Texas Ave., Suite 332 Bryan, TX 77803 1 ef3 NS283661/M276799 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE n 7 r066 O ACORD CORPORATION 1981 Vol. 1 5 -) Pg. C;,' "-� IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 3 #S283661/M276799 Vol. 133 Pg . a 3 e �'arESCRIAT� 8 NSContlr�ue fromPges r r r.,nyti.erxv�?,. EzY «w�„�..�+'{r.�r.._4. r�� ��t�dw ?S ..}4vd.lt<. ,....7�., A Rt`�'tia ?�.r?vr ..iui�, .✓r.,i: T:.w .^�ti"�'e.. �'�,�'�M- in;.,i °a?$4 ht,. ,t,a.k4i Sewer Backup Coverage - $10,000 Winstorm or Hall Exclusion following counties - Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kieberg, Matagorda, Nueces, Refugio, San Patricio and Willacy. No Wind or Hail coverage for any Jobsite located in the portion of Harris County definded by: south of Interstate 10 and East of either Loop 610 East of Interstate 45. FLOOD COVERAGE - Covered property if the address of each building or stucture is located within Flood Zone C or unshaded X or outside of the 500 year flood plain, as defined by the Federal Emergency Management Association. Job: Brazos County Exposition Center -Metal Buiding As required by written contract Certificate Holder is named as Additional Insured on the Auto and General Liability Policies. A Waiver of Subrogation is provided in favor to the Certificate Holder on the Auto, General Liability and Workers Compensation Policies as required by written contract. ., ar e .a 4Mx,,1 AMS 25.3 (2001108) 3 of 3 #5283661/M276799 V.I. 1 33 Pg. C;� 3/ O1 PERFORMANCE BOND (McGregor Act - Public Works) Texas KNOW ALL BY THESE PRESENTS, That, we, Collier Construction, Inc P. O. Box 1889, Brenham. TX 77834 -1889 1001 4th Avenue, Suite 1700 Sealtle, WA 98154 Bond No: 6528116 (hereinafter called the Principal), as Principal, and Safeco Insurance Company of America , a corporation organized and existing under the laws of the State of Washington with its principal office in 1001 4th Avenue, Suite 1700 Seattle , and authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto County of Brazos (hereinafter called the Obligee) in the amount of . One Hundred Sixty Three Thousand Four Hundred Dollars and 00/100 ( $163,400.00 ) Dollars, for the payment whereof, the said Principal and Surely bind themselves, and their heirs, administrators, executors, successor and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of April 2010 to wit: Brazos County Exposition Center - Metal Building 5827 Leonard Road Bryan Texas 77807 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of April 2010 Witness: 0 M S- 21691SA 10799 Vol. )33 Pg. 0 2 36' xDP (If Individual or Firm) MUtUd Liberty . l. 1001 4th Avenue, Suite 1700 SealUe, WA99154 PAYMENT BOND (McGregor Act - Public Works) Bond 6 528116 Texas KNOWALL BY THESE PRESENTS, That, we, Collier Construction, Inc. P. O. Box 1889, Brenham, TX 77834 -1889 (hereinafter called the Principal), as Principal, and Safeco Insurance Company of America a corporation organized and existing under the laws of the State of Washington with its principal office in the City of Seattle Washington and authorized and admitted to do business in the State of Texas and licensed by the state of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto County of Brazos (hereinafter called the Obligee) In the amount of One Hundred Sixty Three Thousand Four Hundred Dollars and 00/100 ( $163 ) Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of April, 2010 , to wit: Brazos County Exposition Center - Metal Building, 5827 Leonard Road, Bryan, Texas 77807 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him /her or a sub - contractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same.extent as if It were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of April 2010 p\ \ Wil N CO 9 ' Collier Construction, lnc. •" .,•(�' X 1 PN COAIo9 Sa .. •''� eP °t4r� tcoInsurance a y of terica ''iii a O E��q SEAL b a' 1953 4. By (Seal) ` wA Attomey -in -Fact 5- 2170 1SA 10/99 M. Vol. )33 Pg. 2 3 ji1L7 POWER mutu . OF ATTORNEY KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint ...... .... « ». « ARENS; PH ILIP. BAKER; MICHELE BONNIN; The Woodlands, Texas.... »....,.. « ««. its true and lawful attorney(s) -In -tact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this '21st March day of w* 2009 Dexter R. Lego, Secretary Timothy A. Mikolalewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys- in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar character Issued by the company in the course of Its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (if) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this Sefecn Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 9BIS4 No. 13287 28th day of April , 2010 SEAL fs( (5( SEA S- 0974/DS 3109 Vol. 1 33 p a �y Dexter R. Legg, Secretary WEB PDF Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: AVISO IMPORTANTE Para obtener informacion o para someter una queja: 2 You may contact Home Office Surety at (206) 473 -3799. Usted puede contactar a servicio de la oficina principal de Safeco Surety al: 206 - 473 -3799. 3 You may call ( company)'s toll -free telephone Usted puede Ilamar at numero de telefono number for information or to make a complaint gratis de (company)'s pare informacion o para at: someter una queja al: (800) 472 -5357 Surety Option #7 4 You may also write to Safeco Insurance Company at: Safeco Plaza Seattle, WA 98185 -0001 (800) 472 -5357 Surety Opcion De #7 Usted tambien puede escribir a Safeco Insurance Company: Safeco Plaza Seattle, WA 98185 -0001 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas pare obtener informacion coverages, rights or complaints at: acerca de companies, coberturas, derechos o quejas al: (800) 252 -3439 6 You may write the Texas Department of Insurance: (800) 252 -3439 Puede escribir at Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475-1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us 7 PREMIUM. OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) . (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail; ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si Ilene una disputa concerniente a su prima o a un reclamo, debe comunicarse con at (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE "ISO A SU POLIZA: Este aviso es solo pare proposito de informacion y no se convierte en parte o condition del documento adjunto. BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May 11, 2010 ITEM: Request from Wickson Creek Special Utility District to construct three 3U It. roaa pore: water line installations in the right of way of Weedon Loop at address numbers 8646 8690 and 8762 Site is located in Precinct 3. 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 I- Iighways published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: Y i Richard F. Vance, P.E. County Engineer CC2010 -022 / This Request is Approve 8i Date: APPROVED BY: Commission e ny Ma d Precinct 3 by Commissioners' Court Randy SW, County Judge a Vol. 1 33 pg- 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 Dis trict proposes to place a (type) waterline within_ across x the right -of -way of (road) weedon Loop in Brazos County, Texas as follows: 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 Lit4y of May 2(110. Firm; != Sy District By: ✓_ Title: General Manager Address: B. 0. Box 4756 Bryan, Texas 07805 APPROVED BY COMMISSIONERS' COURT ON: 5(I tl(o Randy Sim , County Judge Phone: 979 -589 -3030 Sb 94 G: 'rte fvn 1r �b wee, &,A Lq�pp Vol. Pg' P RE q 9 1 3 --- Pg ' - �- r_ 9 y � 2 6h m 3 �: i P RE q 9 1 3 --- Pg ' - �- r_ 9 y � 2 6h m 3 �: i 'i 1 O 0 !P i • Vol. I it #f (j tf i 4' 3 0 . .9 a 8 J � gg q 0 i p Na 3 SI I I I Vol. 133 e 0 O ,3 O j �� W � � q /� I p g - a BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May 11, 2010 ITEM: Request from Wickson Creek Special Utttrty utstnct to construct two .tv n. roau oures water line installations in the right of way of Shirley Road approximately 2,000 ft. and 3,500 ft. from FM 1179 (to provide service to address #7420 and #7443). 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 famished 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: SUB - BY: PP VED Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC2010 -024 This Request is Ap44roved / D by Commissioners' Court Date: `'Shwe0 /f Randy Sim m sj'County Judge Vol. 13-3 pg. 0-4:7 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 Dis trict proposes to place a (type) waterline within_ across x the right -of -way of (road) SHIRLEY ROAD in Brazos County, Texas as follows: 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 thell Way of May 20 Firm: Wicksva Creek .Specia Utilit District By: Title: General Manager Address: B. D. Box 4756 Br yan, Texas 07805 Phone: 979 -589 -3030 APPROVED BY COMMISSIONERS' COURT ON: uate Randy S' s, County Judge 7 c1 Vol. 133 pg. mwoom , Y 6 3 0 0 N 0 S � 0 0 I 0 O `9 N `6 0 Vol. 133 p a q � w 0 9r J 3 a- a a r �{ o L LD M_ } �sy Vol. _ 3 _ 3 Pg-