HomeMy WebLinkAbout1995-01-30-0900AM-Special•
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BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY,
JANUARY 30, 1995 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Sims
2. Pledge of Allegiance - Commissioner Sims
3. Approval of minutes for the Commissioners Court meeting of January 3,
1995, public hearing of January 3, 1995 and meeting of January 9, 1995.
4. Consider and take action on reappointment of Fire Commissioners for
the Rural Fire Prevention District No. 1,
5. Consider and take action on request from Thornton, Payne, Watson and
Kling to extend the lease for space at 300 E William J. Bryan Parkway
on a month to month basis.
6. Consider and take action on the following request from James Marrow,
Constable Precinct 2:
a. Change status of Archie Clark and Charles Payne from non-paid
Reserve Deputy Constable to non-paid Regular Deputy Constable
b. Removing non-paid Reserve Deputy Constable Jeffrey S. Dew
and adding non-paid Regular Deputy Constable Ernest R. Ortiz
7. Consider and take action on awarding bid no. 95-013 for movable
partitions at the Brazos Center.
8. Consider and take action on tax resale deed on Lot 8, Block 3,
Sherwood Heights, Section I and authorizing the County Judge to
execute the deed.
9. Consider and take action on request from GTE Southwest to install
buried cable in the following rights-of-way:
a. Timberwild Drive in Precinct 1.
b. Barron Road in Precinct 1. (two locations)
10. Consider and take action on request from Road and Bridge for the City
of Bryan to relocate a guy wire in the right-of-way of) Pate Road in
Precinct 3.
11. Consider and take action on request to enter the private property of
Walter Wilcox in Precinct 2 to dispose of dead livestock.
12. Consider and take action on extending open enrollment period for the
FLEX plan.
13. Consider and take action on appointment of three members to the Brazos
County Historical Commission.
14. Reconsider and take action on establishment of a 28 day pay period for
Jail employees.
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15. Consider and take action on Personnel Change of Status.
16. Citizen input and/or concerns.
17. Consider and take action on payment of claims.
18. Executive session pursuant to Section 551.072 Local Government Code
pursuant to purchase of real estate.
18. Action on executive session if necessary.
20. Adjourn.
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The building is wheelchair accessible. Handicap parking spaces are available. Any
request for sign interpretive services must be made 48 hours before the meeting.
To make arrangements call (408) 361-4102.
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COMMISSIONERS' COURT
SPECIAL MEETING
JANUARY 30, 1995
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A special meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Monday, January 30, 1995, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Sandie Walker, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
John Reynolds Auditor
Cheryl Turney Auditor's Office
Kay Hamilton Treasurer
Richard Vance County Engineer
Ralph Jones Jail Administrator
Rita Watkins Sheriff's Office
Marc Hamlin District Clerk
Ed Dobbins Maintenance
Phyllis Dozier Brazos Center
Fred Patterson Patterson Architects
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held January 3, 1995, Public
Hearing of January 3, 1995 (10:30 a.m.) and January 9, 1995.
On motion by Commissioner Sims, seconded by Commissioner
Walker, the Court voted unanimously to approve the minutes as
submitted.
The next matter for consideration was the reappointment
of Fire Commissioners for the Rural Fire Prevention District
No. 1. Commissioner Norton submitted the following names for
consideration:
Jerry Caldwell One Year Term ending Dec. 31, 1995
Charlie Robertson Two Year Term ending Dec. 31, 1996
Charles Ellis One Year Term ending Dec. 31, 1995
A. P. Boyd Two Year Term ending Dec. 31, 1996
Lynn Elliott Two Year Term ending Dec. 31, 1996
On motion by Commissioner Norton, seconded by Commissioner
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Commissioners court meeting January 30, 1995
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Cauley, the Court voted unanimously to reappoint the above
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referenced individuals to the Board of Commissioners for
Rural Fire Prevention District No. 1.
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The next matter for consideration was a request from the
law firm of Thornton, Payne, Watson and Kling to extend the
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lease for space at 308 East William J. Bryan Parkway on a
month to month basis. This is property owned by Brazos
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County. In a letter to the Court Mr. Thornton explained that
E, should the contractor not be finished with the new location by
the end of the lease term, the firm wished to remain in its
present location for a short time in
prorate the
G April and
` rental according. On motion by Commissioner Norton, seconded
by Commissioner Cauley, the Court voted unanimously to grant
the request of the firm of Thornton, Payne, Watson and Kling
to extend.the lease for space at 308 East William J. Br
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Parkway on a month to month basis.
The Court next considered a request from Constable
Precinct 2, James Marrow, to change the status of Archie Clark
and Charles Payne from non-paid Reserve Deputy Constables to
non-paid Regular Deputy Constables, to remove non-paid Reserve
Deputy Constable Jeffrey S. Dew and add non-paid Regular
Deputy Constable Ernest R. Ortiz. On motion by Commissioner
Walker, seconded by Commissioner Sims, the Court voted
unanimously to grant the request of Constable Precinct 2 to
change the status of Archie Clark and Charles Payne from non-
paid Reserve Deputy Constables to non-paid Regular Deputy
Constables, to remove non-paid Reserve Deputy Constable
Jeffrey S. Dew and add non-paid Regular Deputy Constable
Ernest R. Ortiz.
The next matter for consideration was the awarding of bid
no. 95-013 for movable partitions at the Brazos Center. The
bidders and their bids are as follows:
Marek Brothers Construction $36,910 60 days
Endigo Constructors, Inc. $38,200 60 days
Orion Construction $36,390 80 days
R. M. Dudley Construction $36,000 90 days
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Commissioners Court meeting January 30, 1995
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Commissioner Sims asked Phyllis Dozier, Director of the Brazos
Center, if time was critical. Mrs. Dozier indicated it was
not. On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to award the bid to the
lowest bidder, R. M. Dudley Construction.
On motion by Commissioner Norton, seconded by Commis-
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sioner Sims, Court voted unanimously to authorize the County
Judge to execute a Tax Resale Deed to the following
individual:
Joe L. Goodrum, Trustee - Lot 8, Block 3, Sherwood
Heights, Section 1, recorded in Volume 353, page
635, Deed Records of Brazos County, Texas.
Consideration in the amount $11,085.00.
The Court next considered two requests from GTE
Southwest. The first was to install a road bore in the right-
of-way of Timberline Drive in Precinct 1. The second is to
place two (2) road bores in the right-of-way of Barron Road.
The first located approximately 330.0 feet from FM 2154 and
the second located approximately 1,375.0 feet from FM 2154.
The site is located in Precinct 1. The County Engineer stated
that all appeared to be in order and recommended approval. On
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motion by Commissioner Norton, seconded by Commissioner
Walker, the Court voted unanimously to approve the request of
GTE Southwest and authorized the installations. A copy of
each request is attached hereto.
The next item for consideration was a request from the
Road and Bridge Department for the City of Bryan to relocate
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a guy wire currently in the right-of-way of Pate Road in
Precinct 3 at an estimated cost of $1,742.11. After much
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discussion it was the consensus of the Court to have the
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County Engineer draft a letter to'the City of Bryan requesting
clarification of cost.
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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 Walter Wilcox on
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commissioners court meeting January 30, 1995
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Wilcox Lane to dispose (burial) of dead livestock. on motion
by Commissioner Walker, seconded by Commissioner Norton, the
Court voted unanimously to authorize the work.
The Court proceeded to consider extending the enrollment
period for the Flex Spending Account Plan. In a memo to the
Commissioners Court it was explained that the plan
administrator, AFLAC, could not accept enrollment forms after
the open-enrollment period ended without suffering penalties
if the Internal Revenue Service should audit the plan. On
motion by Commissioner Norton, seconded by Commissioner Sims,
the Court voted unanimously to not extend the enrollment
period for the Flex Plan.
The Court next considered the appointment of the
following individuals to the Brazos County Historical
Commission:
Dr. Dale Baum Dr. Dale Knoble
Mrs. Beth Walterscheidt
on motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to appoint the previously
named individuals to a two year term to the Brazos County
Historical Commission.
The Court next reconsidered the establishment of a twenty
eight (28) day work period for the jail employees. On motion
by Commissioner Norton, seconded by Commissioner Walker, the
Court voted unanimously to approve the request of the Jail
Administrator and establish a twenty eight (28) day work
period for the jail employees.
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Commissioners Court meeting January 30, 1995
The Court proceeded to consider the change of status of
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the following employees.
NAME
Seaton, Rhonda
Clark, Stephanie
Favor, Gay
Hullum, Raymond
Smithey, Mary
Wright, Scott W.
Weatherall, Brian
Fogle, Glenda
Bueltmann, Lisa
Bengs, Denese K.
Kopetsky, Holly A.
Gracia, Loretta
Fickey, Marilyn
Allen, Madine
DEPARTMENT
REASON
Auditor
Resignation
Auditor
F/T to P/T
S. O. Jail
Termination
S. O. Jail
Resignation
S. O. Jail
New Employee
Brazos Center
Resignation
Brazos Center
Resignation
District Clerk
Termination
District Clerk
Resignation
Co. Court at Law I
Resignation
JP 4 Place 2
Prom/Sal Inc
JP 4 Place 2
LT/Sal Inc
JP 4 Place 2
New Employee
JP 4 Place 2
Resignation
Commissioner Sims questioned if Stephanie Clark understood
that she would get no benefits if she works less than thirty-
two hours a week. He was informed that she did understand-
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the changes as
submitted with the stipulation that Marilyn Fickey, in the
office of Justice of the Peace Precinct 4 Place 2, will not
receive a six month increase.
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The Court next considered the following Claims as
submitted by the County Treasurer for payment:
10--General Fund Claims--2039--thru--2418--
20--Road & Bridge-------------Claims--2586--thru--2673--
21--BoonvilleCemetery--------Claims--2419--thru--------
30--Capital Projects ---------Claims--2420--thru--2422--
32--Records Mgn. & Presv.-----Claims--2423--thru--2424--
45--Omnibus Crime Control Claims--2425--thru--------
46--Appellate Judicial System-Claims--2426--thru--2427--
52--District Atty Check Coll--Claims--2449--thru--2450--
54--HealthDepartment--------- Claims--2451--thru--2480--
60--Payroll------------------- Claims--2481--thru--2486--
61--Health & Life Ins--------- Claims--2487--thru--2498--
62--Flexible Benefit Plan Claims--2499--thru--------
90--Brazos County Grants Claims--2500--thru--2564--
91--MPO----------------------- Claims--2565--thru--2569--
97--Narc. Traf. Task Force Claims--2570--thru--2585--
On motion by Commissioner Norton, seconded by Commis-
sioner Sims, the Court voted unanimously to approve the Claims
as submitted.
The County Judge advised the Court of the following:
1. Commissioner Cauley met with the City of
Bryan about the return of the Egrets to
the area. This City is trying to resolve
the problem. The Judge and Commissioner
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Commissioners Court meeting January 30, 1995
Cauley will talk to the City about how
the County can help.
2. The Auditor has recommended distribution
of the Permanent School Fund. The
Auditor will bring further details after
a thorough investigation of procedures.
3. The County and District Clerks and the
County Auditor have been gathering
information on records preservation.
Microfilming seems to be the best choice
but a lot more information needs to be
gathered before an educated opinion can
be made.
4. A workshop meeting has been set for
Friday, February 3, 1995 at 9:00 a.m. to
discuss the juvenile facility. The
location will be announced later.
5. The Economic Outlook Program sponsored by
the Chamber of Commerce will be held
Tuesday, February 7, 1995 on the A&M
campus.
6. The County Judge referred to a letter
from State Senator Jim Turner in
.reference to SB 304 naming the roads in
the Brazos Valley the "Presidential
Corridor" as a means of obtaining more
funds.
At 10:11 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in closed
executive session to discuss the acquisition of real estate as
allowed under Section 551.072 Local Government Code.
At 10:27 a.m. the County Judge announced the meeting open
to the public. on motion by Commissioner Norton, seconded by
Commissioner Sims, the Court voted unanimously to adopt a
Resolution beginning condemnation proceedings on two (2)
parcels owned by Gerri Saum and Susan Wood. Parcel four (4)
contains 0.1882 acres and parcel five (5) contains 1.50 acres
needed to improve and widen North Dowling Road. The
Resolution further authorizes Bruchez, Goss, Thornton,
Meronoff, Michel and Hawthorne to represent the County in.
these proceedings. A copy of the Resolution is attached
hereto.
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the meeting was adjourned. -
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The foregoing minutes of the Commissioners Court meeting
held January 30, 1995 have been examined and are approved in
open Court this the 27th day of February , 19 95,
in Bryan, Brazos County, Texas.
C4-4-- 29QO
Alvin W. Jo s;`
County Judge
Sandie W lker
Commissioner in
car y Cau rylir,
Commi
ssio cinc
Gary NorX4h
Commiss' er, Precinct 1
Randy S s
Commis oner, Precinct 3
Mary j(hn Ward
County Clerk
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AIA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
` The 1987 Edition of A/A Document A201, General Conditions of the Contract for Construction, is adopted
in this document by reference. Do not use Off; other general conditions unless this document is modified.
This document has been approved and endorsed by The Associated General ContrActors of America.
AGREEMENT
made as of the Zhir+d day of February In the year of
Nineteen Hundred and Ninety Five
BETWEEN the Owner: Brazos County
(,Vance and addrm) 300 East Twenty Sixth Street
Bryan, Texas 77803
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and the Contractor:
R. M. Dudley construction, Inc.
(Name and addrrss)
11370 State Highway 30
College Station, Texas 77845
The Project is:
Interior Modifications to the
(Name and Imation)
Brazos Center
3232 Briarcrest Drive
Bryan, Texas 77802
The Architect is:
Patterson + Architects
(Name and addrm)
2402 Brioa&mr Drive, Suite A201
Bryan, Texas 77802
The Owner and Contractor agree as set forth below.
Copyright 1915, 1918, 1925. 1937. 1951. 1958, 1961, 1963. 1967, 1974, 1977, 01987 by The American Institute of Archt•
tects, 1735 New York Avenue, N W . Washington. D C 20006 Reproduction of the material herein or substantial quotation
of its provisions without written permission of the AIA violates the copyright laws of the United States and will be suhlect at
legal prosecution.
AIA DOCUMENT A101 • OWNER•CONTRALTOR AGREEMENT • TWELFTH EDITION • AIAQ • 01987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1731 NEW YORK AVENUE. N W. w'ASHIN TUN. D C Mtlti A101-1987 1
WARlfINOUiYipmWpAoboopylrgvlo ~ n S 'TfonQ I6
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ARTICLE 1
THE CONTRACT DOCUMENTS
The Cont ract Documents comet of this Agreement. Condit tons of tlit Corn ract (General. Supplementary and other Conditions),
Drawings. Specificmons, 2ddenda Issued prior to execution of Ihis Agreement, tither documents listed in this Agreement and
Modificauon•t issued alter execution of this Agreement. ilex form the Contract, and are as fully a pan of the Contract as if attached
Nr this Agreement or repeated herrin. The Contract represents the entire and integrated agreement hetwecn the parties hereto
and Supersedes prior negotlations,represenrattonsoragre nwrimeitherwrittenororal.Anenumrrui[n1oftheCorunu~tDilcumenuL
other than Modifications. appeam in Anicle 9.
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ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in
the Contract Documents to be the resporWbility of others, or as follows:
Nome.
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall he the date of
this Agreement, as first written above, unless 2 different date is stated below or provision is made for the date to be fixed in 2 notice
to proceed Issued by the Owner.
(insert the date uJ aummrntenirnl if It diJJrrs Jnms thr date nJ This Agorro i-nl w, t/ applicable. stale tba the elate u ill br fixed in a indite fu prfata ml t
Unless the date of commencement is established by a notice to proceed Issued by the Owner, the Contractor ih2ll notih- the
Owner in writing not less than five days before commencing the Work to permit the timely riling of mortgages, mechanic's liens
and other security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(insert The t almdar date ur number (/calendar days after lbr date uJsomslirlkemenl Alsu insert am• n quire wrists/tar earlier saboanttal c ianp/etlun q aer.
lain iwirlslms a/ she vorit if slid stated tdsm brrr in Ibe (amlratI IA4 wlwents /
90 Calendar days after the date of as m enotattent.
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, subject to adjustments of this Contract Tune as provided in the Contract Documents.
(inwrl pn.rAiunt, q fair. /'or liquidated thuriapto retalouN lot /allurv to towq,lete tan lime )
"See Paragraph 8.3.4 of A201 General Condition."
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AIA DOCUMENT A101 • O4LNER-CONTRACTOR AIUREEME\T - TWELFTH EDITION to AIA4 • 'Z' Not-
THE AMERICAN IN%TITLTE OF ARCHITECTS. 174% NEW TURK AVENUE. 'V% , SAMI1NUT0%. D C. 24MIX) AI OI.1987 2
WAnNIPM urocwnnd pnotooop- g rIg1M tnrw Is su
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ARTICLE 4
CONTRACT SUM
rf 4.1 The owner shall pay the Contractor in current fluids for the Contractor's perfortnance of the Contract the Contract Sum of
r 2drty Six gmsand Dollars
' irac3t6dOO'.OO subject to additions and deductions as provided in the Con.
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4.2 ,,he Contract Sum is based upon the foilowring altercates. U any, which we described in the Contras Documents and are ~
hcreb/ accepted by the Owner: r
(staff rim numbers or Giber tdentrftcattoa of accepted alternates 11dectstons on Giber atornaffs are to be made by the tuner subsequent to rbr r aaattun of
ibis Agreement, artacb a schedule of sucb Giber alternates sbou•!ng she amount for each and the date umd u•btcb that amount is guild) None.
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4.3 Unit prices. U any, are as follows:
Ncne.
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AIA 01XU1lRT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAa • ®1987
THE AMERICAN INSTITUTE OF ARCHITP.GTS, 1735 NEW YORK AVENUE. N W. WASHINGTON, D C 20004 A101.1987 3
4 Iwus rand ~S "'b"G'1 s on.
. %VAV40N . UnNaerod plgtooopyln0 rlol b. acv V X
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ARTICLE 5 I t
PROGRESS PAYMENTS I i
5.1 Based upon Applkations for Payment submitted to the Architect by the Contractor and Certificates for Payment Issued by the
Architect, the owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and 1
c6cwbcre in tt>c :f'nnr tQk u cnts. * which have been approved by the Owner in accordance with the `
5.2 nc pcru( coverci by eac i Applkation for Payment shall be one calendar month ending on the= day of the month, or as
follows: fifteenth (15) Is
5.3 Provided An Appllutiun for Paymcnt is received by the Architect not later than the twenty fifth (25th)
day -f a month, the Owner shall make payment to the Contractor not later than
the tenth (10th) day of the following month. If an Application for Payment is received by the
Architect after the application date fixed above, payment shall be made by the Owner not later than
days after the Architect receives the Application for Payment.
5.4 Each Apphc.uton for Pa) mcnt shill be based upon the schedule of values submitted by the Contractor in accordance with
the Contract INK uments The schedule of \alues shall allocate the entire Contract Sum among the various portions of the Work
and be prcp.red in sut h form and supported by such data to substantiate its 2ccur2CV as the Architect may require This schedule,
unless objected to h\ the Architect. .hall be used as a basis for revkwing the Contractor's Applications for Payment
5.5 Applicatkrns for Paymcnt shill indicate the percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Paymcnt.
5.6 suble(f to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:
5.6.1. Tale that portion of the C ntrao:t Sum properly allocable to completed Work as determined by multiplying the percentage
cumpict ion of each port ion of the Vcirk by the share of the total Contract Sum allocated to that portion of the Vtbrk in the schedule
of \alucs, less rcunage of ten percent
1 10 Pending final determination ofcost to the Owner ofchanges in the Work. amounts not-in the dispute may be
' included as pro% ided in Subparagraph "1 3 - of the General Conditions even though the Contract Sum has not yet been adjusted
i b\• Changc Order.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the
site for subsequent incorporation in the completed construction (or. If approved in advance by the Owtler, suitably stored off the
site at A l cation agreed upon in u nting), Tess rctainage of ten
t percent ( 10
5.6.3 subtract the aggregate of previous payments made by the Owner; and
5.6.4 subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para-
graph 9 5 of the General Conditions
5.7 The prrgre%s pa} ment amount determined in accordance with Paragraph 5.6 shall be further modified under the following
circumstances
5.7.1 'Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety percent( 90 of the Contract
f Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled clalms: and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no Fault of the Contractor, any additional
amounts payahic in accordance with Subpraragnph 9.10.3 of the General Conditions.
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( (q it is intrlnAYl proeir fn \nbstrnntal (,wilgethm u/ lbe entire Irnrtr, It, adder or limit the Matnage ntulttrtp fnua for perrenlaltes Inserred in \ubpara
r(r(P( xra/A.v S t, r and S n : aArwr and ills to ma erpWuati! e/xufine in Ibr Gunrair LkWumenti. InsM ben pnw Ufwu /Or suab nncCNan or llnrtmtnm
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Au DOCUMENT A101 • ON%%LRa O%TRA(-TOX AGREE.\IENT ~ T%%ELFTII EDITION • AIA• • ~1987
THE A\1LRI(-A% IASTITI TE OF AR(.IIITE(.TJ. 1-31 \E1 1 ORK M•EM-E. N Q .'A V IIINGTON. D C 2(XX* A101.1987 4
WARWM UnNCWMd ptlotoooOFMIp NWMM U& eoprrlplu Ism MW 1 t m woo pro-tvOon,
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ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the owner to the Contractor when (1)
the Comm has been fully performed by the Contractor eMeepe fw Ilia her
-We* as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, whi.h necessarily
survive final payment; and (2) a final Certi kate for Payment has been issued by the Archltect*such final payment shall be made by
the owner not more than 30 days after the issuance of the Architect's Mal Certificate for Payment, or as follows: * and
approved by the Owner,
"In no event shall final payment be required to be made prior to thirty (30) days
after all work on the Contract has been fully performed. Defects in the worst:
discovered prior to final payment shall be treated as non-conforming work and
shall be corrected by the Contractor prior to final payment and not treated as
Warranty items."
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference Is made In this Agreement to a provision of the General Conditions or another Contract Document, the ref-
erenct' refers to that provision as amended or supplemented by other provisions of the Contract Documents. ,
(hurry - of gn-1 agreed Upon. V any )
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(Usurylate otsdrepo/remrtsts Under the FrdwW Trrtb in Lending Act. similar state and local consumer credit lam s and other regWallons at The (1a arr s and
Contratto►y prlnclpa placer o/ bus/ness. the location of the Propct and e/sm*ere may affect the evdh*ty of tors prnrts/rut Legal ads ore stuw/d he obtatmd
rltb respect to deletions or modlflcatlonr, and also regard/ng requirements such as U+nten disclosures or ronrn
7.3 other provisions:
See Addendma attached hereto and made a part hereof for all purposes.
ARTICLE 8
TERMINATION OR SUSPENSION
6.1 The Contract may be ter inured by the Owner or the Contractor as provided in Article 14 of the General Conditions
8.2 The Work may be suspended by the Owner as provided In Article 14 of the Gcner2l Conditions
AIA DOCUMENT A101 • OWNERLONTRACTOR AGREEMENT • TWELFTH EDITION • AtAo • 01987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N W. WASHINGTON, D C 2W O6 AI OI-1987 S
WARNING UnUcennd olMOtroop" g v§oIWw U.8, eVM red b lust to *p eye
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ANN.
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ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modillcations issued alter execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987
Edition. *aQ ~]rei
9.1.2 The Genera! CondltlonSA t e % n talons o he Contract for Construction, AIA Document A201, 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract arc those contained in the Project Manual dated
January 1995 , and are as follows:
*as set forth in Article 7 of the General Oonditiotns.
Document Tide Pefer to "Exhibit, A" for a list of Supplementary and Other OQlditions as
ecntained in the Project Manual.
9.1.4 The Spec&2001713 are those contained in the Project manual dated as in Subparagraph 9.1.3, and we as follows:
ittaw►lost the i o1scaufats bm of ry/w to aN exb(b/r attad d ru ibis Agrwnrxt J
Section Title pages
Refer to "Exhibit A" for a list of Specifications contain in the Project Manual,
i
1.
AIA DOCUMENT A101 • OWNER CONTRACTOR A4REEMEAT • TWELFTH EDITION • AIA• • 01987
THE AMERICAN INNTITt TE OF ARCHITECTS. 1131 NEW YORK AVENUE. N W. WASHINGTON. D C 211X)b AI OI-1987 6
WARNt11@ UrJkmwW p~ob-1 F I I .at w U.& OOM 10- OM WW b y
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9.1.6 The Drawings we as fotlow s, and are slated January 1995 unless a different chit t, shown helow:
lPltlv'e lost the UraxvsW hnr w fWW h• as r0thil .uhwlwd h, thrs .4Xr vm•n1 I
Number Tide Date
Al Partial Floor Plan and Details
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fi111dIw~1:
9.1.6 The addenda. If any. am m
Number Date
Ck~e (1) 23 January 1995
I L. 1
Page.
Two (2)
Portions of addenda relating to bidding rediulremenu are mot part of the Comma [N><uments unlc+s the hldding requiren►cno ire
also enumerated in this Articie 9.
ALA OOWYElIT A101 • OWNER CONTRAL70R M,RELMENT • TV ELFTH MITION • AIA• • 4 1•M' /1101~18g7 7
THE AMERICAN INSTITLTE OF ARCHITECT. 1'4% NVA YORK AV E%t E..% % %AMUNGTON D d. h•rK.
• rrArorrrro: thdlCt+llMd pAOtOOeprUq Mefh1M U.B. WI*
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9.1.7 Other documents, if any, forming part of the Contrxt Documents are as follows:
asst armany satikA s, darenenrr rime are tntem*d to/ornt part q for Contrah Dorunsrrus 1br l rrrraf Gbndtrrawt pea td► tear blddlrrp r\yrlrwwntlt rrcb
as adrvrrrs,nwM or tn+dtatton to bf4 tnrtructknu ro Brddrrs /rums and rbe Croansrtor S bd ant not pmt ol/ lbe C mInXt Doarnrrwy Widen •arwm~Md
M ibis ARrmnsew Tbry sbodd be hued bm ordr i( iWex d to be part CV lire ConhneY Doerrawfs.)
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This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which
f one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
t Owner.
s OWNER CONTRACT
(Signature) (Signature)
Al Jones, COlmty Judge Mark Dudley, President
(Printed name and rick) (Printed name and title)
r
CAUTION: You should sign an original AIA document which has this caution printed In red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
t
AM OOCUMVIT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAa • m 1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1755 NEW YORK AVENUE. N W. WASHINGTON, D C 20006 Al G1'1987 8
wARN M (Mdlouuw pNO4orwprlno vtol.t u,& tsopytl01 torn mild IG wE,.et o po..t~l d- AGE-
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ADDENDUM TO AIA DOCUMENT
A101(1987 EDITION) ;
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Article 7.3.1. Contractor to Provide Performance and Payment Bonds. WTI'IM
FIVE (5) DAYS AFTER EXECUTION OF THE CONTRACT DOCUMENTS AND
PRIOR TO THE COMMENCEMENT OF ANY OF THE WORK, Contractor shall
furnish to Owner and keep in force throughout the effectiveness of this Contract
a statutory performance bond and statutory payment bond in the amount of the
Contract sum set forth in Article 4 hereof, covering faithful performance of this
Contract and the payment of all obligations arising in connection therewith, free
of liens upon the Project. The bonds shall name Owner as an obligee and shall
be in such form and with such sureties and Owner may reasonably approve.
Should the surety on such bonds become insolvent or be put into receivership
during the term of this Contract, Contractor shall promptly notify Owner thereof
and shal! be obligated to obtain replacement bonds within ten (10) days after
receiving notice of such event, at Contractor's cost, provided that Contractor
shall be entitled to receive any rebate in premium from the prior surety, if any,
and Owner shall receive credit therefor, unless and to the extent such rebate
exceeds the cost of the replacement bonds.
Article 7.3.2. Notices. Any notice provide or permitted to be given under the
Contract Documents must be in writing and may be served by depositing same
in the United States mail, addressed to the party to be notified at the address set
forth on page one (1) hereof, postage prepaid, registered or certified, return
receipt requested, or by delivering the same in person to such party, or by private
receipted courier guaranteeing same-day or next-day delivery. Notice given by
mail as herein provided shall be deemed given and received on the earlier to
occur of (i) actual delivery at the address of the named addressee, whether or not
refused or receipted for, or (ii) the third (3rd) day following deposit with the
United States Postal Service, postage prepaid, packaged and properly addressed as
herein provided. Notice given and received only upon actual delivery at the
address of the addressee named therein, whether or not refused or receipted for.
Article 7.3.5. Exhibits. All Exhibits are fully incorporated by this reference for all
purposes.
Article 7.3.6. Governing Law. The Contract -Documents shall be construed and
enforced in accordance with the laws on the State of Texas.
Article 7.3.7. Conflicts. In the event there is a conflict between this Contract and
the General Conditions (AIA-201) the terms of this Contract including
addendum shall control.
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"EXHIBIT A"
TABLE OF CONTENTS Project No.9437;
.a
SECTION DESCRWT ON PAGES
DIVISION 00 BIDDING AND CONTRACT REQUIREMENTS
00010 Advertisement for Bids 1
00100 Instructions to Bidders 5
00300 Bid Proposal Form 2 1
00500 Agreement Form 1 `
00700 General Conditions of Contract (AIA
Doc. A201, preprinted) 1
00800 Supplementary Conditions 16
DIVISION 01 GENERAL REQUIREMENTS i .
01010 Summary of Work 2
01011 Notification of Architectural Requirements 1
01015 Drawings and Specifications 2
01020 Allowances 3
01050 Job Requirements 3
01060 General Requirements for Renovation Work 4 `
01080 Building Codes 1
01300 Submittals 3
01500 Temporary Facilities 2
01640 Substitutions 2
01700 Project Closeout 3
IVA
DIVISION 02 SITEWORK
02110 Demolition 2
DIVISION 03 CONCRETE (NOT USED)
DIVISION 04 MASONRY (NOT USED)
1
DIVISION 05 METALS
05120 Structural Steel 6
DIVISION 06 WOOD AND PLASTIC }
• 06100 1 Rough Carpentry 4
06200 Finish Carpentry & Millwork 4
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DIVISION 07 THERMAL AND MOISTURE PROTECTION (NOT USED)
3
DIVISION 08 DOOR AND WINDOWS (NOT USED) i
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9437
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DESCR rtyrtON
PAGES
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DIVISION 09
FINISHES
09900
Painting
7
DIVISION 10
SPECIALTIES
10652
Accordion Folding Partitions
2
C
DIVISION 12
FURNISHINGS (NOT USED)
/
DIVISION 13
SPECIAL CONSTRUCTION (NOT USED)
DIVISION 14
CONVEYING SYSTEMS (NOT USED)
DIVISION 15
MECHANICAL (NOT USED)
DIVISION 16
ELECTRICAL (NOT USED)
END OF SECTION
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January 3, 1995
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GTE Telephone Operations
Contral Area
Engineering Department
301 Industrial Blvd
Bryan, Texas 77803
Reply To
Bryan, TX
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, Texas 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE 5416 9P001DB
Enclosed are Form ED-135 and work location sketch showing the
location of our proposed road bore on County roads in Brazos County
at College Station, Texas.
This work is to be completed on Work Order 9P001DB which is
scheduled for January, 1995. If you have any questions concerning
this work, please contact Raymond Cerda at our office in Bryan,
telephone 409-821-4734 within 15 days so that we may explain or
modify our proposal, otherwise, it is understood that this proposal
is approved.
Sincerely,
Alan Colley
' 4a
Senior Engineer - OSP
AC:cp
Attachment
Ole 'Ex e-A!F~Pr /~-:5
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A part of GTE Cornomtim VOA t, PAGE yQ, Z-
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GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
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January 4, 1995
IF.
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TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE will construct a
communication line within the right-of-way of a County Road
in Brazos County, Texas as follows:
From intersection of Dowling Road and Graham Road, continue
to the south, road name changes from Dowling Road to
Timberline. At immediate curve will be ped 18 on left,
we will make road bore at this location, see provided
sketch.
The location and description of this line and associated ,
appurtenances is more fully shown by two copies of drawings
attached to this notice. The line will be constructed and
maintained on the County Road right-of-way in accordance with.
governing laws.
Notwithstanding any other provision contained herein, it is
expressly understood that tender of this notice by GTE does
not constitute a waiver, surrender, abandonment or impairment
of any property rights, franchise, easement, license, authority,
permission, privilege or right now granted by-law or may be
granted in the future and any provision or provisions so con-
strued shall be null and void.
s
Construction of this line will begin in January, 1995.
GENERAL TELEPHONE COMPANY 5416 9P0O1DB
Alan Colley
Senior Engineer - OSP ,
301 Industrial Blvd
Bryan, Texas 77803
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January 3, 1995
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GTE Telephone Operations
Central Area
Engineering Department
301 Industrial Blvd
Bryan, Texas 77803
Reply To
Bryan, TX
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, Texas 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE 5416 3P001PY
Enclosed are Form ED-135 and work location sketch showing the
location of our proposed buried cable line on County roads in
Brazos'County at Wellborn, Texas.
This work is to be completed on Work Order 3P001PY which is
scheduled for February, 1995. If you have any questions concerning
this work, please contact Anthony Vitanza at our office in Bryan,
telephone 409-821-4754 within 15 days so that we may explain or
modify our proposal, otherwise, it is understood that this proposal
is approved.
Sincerely,
Alan Colley
Senior Engineer - OSP
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GENERAL TELEPHONE'. NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
January 3, 1995
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE will construct a
communication line within the right-of-way of a County Road
in Brazos County, Texas as follows:
Approximately 330' east of the FM 2154 and Barron Road
Intersection, a 60' bore will be made from south ROW
of Barron Road to the north ROW. Also, 1375' from the
above intersection, a 60' bore will be made from the
north ROW of Barron Road to the south ROW. All bores
made will be 36" below ditch line. All other cable
placement shown will be in utility easement provided.
The location and description of this line and associated
appurtenances is more fully shown by two copies of drawings '
attached to this notice. The line will be constructed and
maintained on the County Road right-of-way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is
expressly understood that tender of this notice by GTE does
not constitute a waiver, surrender, abandonment or impairment
of any property rights, franchise, easement, license, authority,
permission, privilege or right now granted by law or may be
granted in the future and any provision or provisions so con-
strued shall be null and void.
Construction of this line will begin in February, 1995.
GENERAL TELEPHONE COMPANY 5416 3P001PY
Alan Colley
Senior Engineer - OSP'
301 Industrial Blvd
Bryan, Texas 77803
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Gary Norton •
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Waller Wilcox
Preaw 2
Randy Sims BRAZOS COUNTY
Pradrw 3 PRIVATE PROPERTY ACCESS
A61tonTurrw PERMISSION FORM
Precinct 4
1. LAND OWNER AND ADDRESS 11lp ~ - ~Z S7 ~ 76- L604
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II. LOCATION OF WORK ~i • ~~Q
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IV. MAINTENANCE YES NO "
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE
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(Owner will be notified prior to maintenance)
A
Richard F. Vance, P.E.
County Engineer E neeri Aide
i OWNER'S SIGNATURE
DATE J~~. «9s
VOL PAaR_ZC .r
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