HomeMy WebLinkAbout2004-07-13-9:00AM-RegularBRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING
AND AGENDA
v
BRAZOS COUNTY COMMISSIONERS COURT
THE C
SESSIO
OF TH
BRYAN
1
2
3
4
AMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON 13 JULY 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115,
ion and Pledge of Allegiance - Commissioner Mallard
for citizen's input and/or concerns.
and take action on agenda items 3 - 18
Amendment 03/04-37.1 thru 03/04-37.2.
Change of Status.
5. 11 yment of Claims.
6. jkpproval of Proclamation #04-011 establishing 18-24 July 2004 as Probation, Parole and
Community Supervision Officers Week.
7. quest by Building Maintenance for approval to award bid for elevator repairs to Kone,
c. for repairs required to bring the courthouse elevators into compliance with the Texas
epartment of Licensing and Regulation codes.
8. pproval of the installation of the natural gas lines from W. Villa Maria to the Brazos
ounty Expo Center site.
9. pproval of Order No. 04-004 calling for a Special Election to be held on 11 September
10. pproval of Order No. 04-005 relocating the Polling Place for Election Precinct 13.
Commissioners Court Agenda
13 July 2004
Page 2
11. T Refund Applications for the following:
a. Dean & Jana Fonville d. Alice Lucille Lehtonen
b. Jim M. Parrack, Jr. e. Aiyanadar Shanmugam, M.D.
c. Larry A. Bowles (2) f. Roy L. Wiese
d. Ronnie Glen Jr. & Linda Jo Carson
12. A roval of the Brazos County Treasurer's Report for the Month of May 2004.
13. R uest by Purchasing for permission to advertise the following bids:
a. Bid #2004-034, Uniforms for the Sheriff's Department.
b. Bid #2004-033, Oil Changes
14. uest by Purchasing for approval of Contract for TCDP 2003 West 28th Street
stewater Improvements (MEBSA No. 10000039).
15. ht of Way Dedication Plat of Blazing Trail - 2.84 acres and portions of Wilcox Lane -
1 110 acres, G. H. Coleman survey, A-10, Brazos County, Texas. Site is located in
P cinct 2.
16. lial Plat of Allen's Back Achers, 9.626 acres, Moses Bain League, A-3, Brazos County,
as. Site is located in Precinct 2.
17. Fffial Plat of Vaughn Addition, 14.961 acres, W. G. Wilson survey, A-243, Brazos
unty, Texas. Site is located in Precinct 2.
18. Request from Verizon Communications to replace 1,220 feet of buried cable in the
theast right of way of Deep Well Road. Site is located in Precinct 2.
19. Aanouncement of interest items and possible future agenda topics.
20. 411 for citizen input and/or concerns.
21. ency / Board / Committee reports by Court members.
22. tvene into Executive Session pursuant to §551.072 of the Texas Government Code to
uss real estate; requested by Judge Sims.
23. onsider and possible action on the Executive Session.
24. onvene into Executive Session pursuant to §551.074 of the Texas Government Code to
scuss a former employee that has been terminated; requested by Commissioner Cauley.
25.Oonsider and possible action on the Executive Session.
26. IAdiourn.
The Br County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpreti, f4 services must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
JULY 13, 2004
A regular meeting of the Commissioners' Court of Brazos
anty, Texas was held in the Brazos County Commissioners
urtroom in the Courthouse in Bryan, Brazos County, Texas,
bMginning at 9:00 a.m. on Tuesday, July 13, 2004 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Eric Caldwell, Commissioner of Precinct l;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Mallard gave the invocation and led the
p4 dge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #03/04-37.1
ough 37.2, which would reallocate funds for Information
hnology Department and District Clerk. On motion by
missioner Cauley, seconded by Commissioner Caldwell, the
CcIrt voted unanimously to approve the budget amendment as
tted, a copy of which is attached.
L- 6 1 PAGE 16q
,ioners Court meeting July 13, 2004 2
The Court proceeded to consider the change of status of
loyees as submitted on the attached Personnel Action
R uests. On motion by Commissioner Peters, seconded by
C issioner Mallard, the Court voted unanimously to approve
t# changes as submitted.
The Court next considered the following Claims as
s mitted by the County Treasurer for payment:
20064775 through 20064971
O motion by Commissioner Caldwell, seconded by Commissioner
P ers, the Court voted unanimously to approve the Claims as
s mitted.
The County Judge read aloud a Proclamation #04-011
d ignating the week of July 18 trough the 24, 2004 as
" obation, Parole and Community Supervision Week". The Court
c gratulates the Community Supervision Officers and the
J enile Probation Officers on a job well done. On motion by
C issioner Mallard, seconded by Commissioner Peters the
rt moved to proclaim the week of July 18 through 24, 2004
a "Probation, Parole and Community Supervision Week"
throughout Brazos County. The County Judge then presented the
s ned Proclamation to Ms. Arlene Parchman, Director of the
C~imunity Supervision Department.
The Court next considered accepting the proposal for
L 5~ PAGE
00
C missioners Court meeting July 13, 2004 3
elevator repairs from KONE, Inc. Carlos Guitron, Director of
B 'lding Maintenance recommended awarding the bid to Kone,
I#. in order to bring the Courthouse elevators into
c pliance with the Texas Department of Licensing and
R ulation Codes. Kone's bid was $23,975.00. On motion by
C issioner Caldwell, seconded by Commissioner Peters, the
C curt voted unanimously to accept the recommendation of the
D ector of Building Maintenance and award the bid to Kone,
I A copy of the proposal and agreement are attached.
The next matter before the Court was approval of the
i tallation of the natural gas service to the proposed Brazos
C my Expo Center site. On motion by Commissioner Cauley,
s onded by Commissioner Peters, the Court voted unanimously
t approve option 1 which is to pay TXU Gas directly to
i tall the gas lines. This has been divided into two (2)
p ses. The cost to the County for the off site project (gas
lines are brought to the County property) based on 3 inch gas
m n is $100,192.93. The cost to the County for the onsite
p ject (service within the county property) is $5,867.68.
S ce TXU is a single source supplier, no comparative bids
ware necessary.
The next matter before the Court was the approval of
040er No. 04-005 calling for a Special Election to be held on
L ~j1 PAGE 17/
C issioners Court meeting July 13, 2004 4
S tember 11, 2004. This election is to determine whether
Btozos County shall establish a tax limitation on the
r&~idence homestead of a disabled individual or and individual
6 years of age or older in accordance with Section 1-b(h),
A isle VIII of the Texas Constitution. On motion by
C issioner Peters, seconded by Commissioner Caldwell, the
C rt voted unanimously to adopt the Order to hold a Special
E ction on September 11, 2004. A copy is attached.
The Court next considered adopting an Order for the
Relocation of the Polling Place for Election Precinct 13. The
c rent location is at Henderson Elementary School, 801
M ous, Bryan, Texas. The Commissioners Court was notified
t t the school is no longer suitable for the conduction of
e' ctions. On motion by Commissioner Peters, seconded by the
C my Judge, the Court voted unanimously to adopt an Order
f the Relocation of the Polling Place for Election Precinct
1 and to establish the new polling place for Election
P cinct 13 at the Bethel Lutheran Church, located at 410
B thel Lane, Bryan, Texas. A copy is attached.
The next matter for consideration was approval of tax
rWfund applications from the following individuals and/or
anies:
a. Dean & Jana Fonville, Over Payment $5.98
b. Jim M. Parrack, Jr., Over Payment $54.78
OL 51 PAGE I -
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C
issioners Court meeting July 13, 2004 5
c. Larry A. Bowles (2), Over Payment $125.85 and $146.03
d. Ronnie Glen, Jr. & Linda Jo Carson, Over Payment
$365.00
e. Alice Lucile Lehtonen, Over Payment $265.50
f. Aiyanadar Shanmugam, M.D., Over Payment $267.03
g. Roy L. Wiese, Over Payment $766.41
L motion by Commissioner Peters, seconded by Commissioner
i dwell, the Court voted unanimously to approve the tax
rffund applications.
On motion by Commissioner Cauley, seconded by
C issioner Peters, the Court voted unanimously to receive,
a rove and order filed as submitted the Treasurer's report
f# May 2004. A copy of which is attached to and made a part
oflthese minutes.
The next matter for consideration was approval for the
P chasing Agent to advertise for the following bids:
Bid No. 2004-034, Uniforms for the Sheriff's Department
Bid No. 2004-033, Oil Changes
0 motion by Commissioner Peters, seconded by the County
J ge, the Court voted unanimously to authorize the Purchasing
nt to advertise for bids for uniforms for the Sheriff's
D~~artment and oil changes.
The Court next considered the approval of the Contract
f TCDP 2003 West 28th Street Waster Water Improvements
BSAI No. 10000039). On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
NrPL ri I PAGE 113
C
issioners Court meeting July 13, 2004
6
t
approve the contract with Elliott Construc
tion Ltd. in
the
a
unt of $119,121.00 for the construction
of 3,379 LF
of
w
tewater main and associated work,
including
the
i
tallation of manholes, a bore and steel
encasement,
and
i tallation of yard piping. A copy is attached.
The Court next considered approval of the Right-of-Way
D ication Plat of Blazing Trial, 2.84 Acres and portions of
Wj. cox Lane, 1.70 Acres in Precinct 2. Richard Vance, County
E#ineer, stated that he had reviewed the plat and offered the
f4~lowing comment and notes:
1) Include the 16 foot Public Utility Easements as
part of the platted road dedication.
Notes:
1) All brush, trees, fencing, etc in the right-of-way
dedication area along Wilcox Lane shall be cleared by
the developer.
2) All brush and small trees shall be cleared from the
20 foot Public Utility Easements along Wilcox Lane by
developer
3) Any existing utilities in the right-of-way dedication
area along Wilcox Lane shall be relocated into the
new Public Utility Easements by developer.
T County Judge moved to approve the plat. Commissioner
M lard seconded the motion. After some discussion, the County
J ge then amended his motion to include comments and notes
a Commissioner Mallard seconded the amended motion. Then
t County Judge moved to approve the plat. Commissioner
C ley seconded the motion. Commissioners Caldwell, Mallard,
L 51 PAGE 17
issioners Court meeting July 13, 2004 7
uley and the County Judge voted "Aye" to approve the Right-
-Way Dedication Plat of Blazing Trial, 2.84 Acres and
rtions of Wilcox Lane, 1.70 Acres subject to the developer
mplying with the notes and exceptions noted. Commissioner
ters abstained because the developer is his cousin.
The Court next considered approval of the Final Plat of
len's Back Achers, 9.626 Acres in Precinct 2. Richard
nce, County Engineer, stated that he had reviewed the plat
d all appeared to be in order. On motion by Commissioner
ters, seconded by Commissioner Caldwell, the Court voted
animously to approve the final plat of the Allen's Back
hers, 9.626 Acres as submitted.
The Court next considered approval of the Final Plat of
ughn Addition, 14.961 Acres in Precinct 2. Richard Vance,
unty Engineer, stated that he had reviewed the plat and all
eared to be in order. On motion by Commissioner Peters,
onded by Commissioner Caldwell, the Court voted unanimously
approve the final plat of Vaughn Addition, 14.961 Acres as
tted.
The Court next considered the request from Verizon to
lace 1,220 feet of buried cable in the southeast right-of-
y of Deep Well Road. The site is located in Precinct 2.
e County Engineer stated that all appeared to be in order
d recommended approval.
OL 5 1 PAGE
On motion by Commissioner Peters,
175
Co rx issioners Court meeting July 13, 2004 g
s onded by the County Judge, the Court voted unanimously to
a rove the request by Verizon and authorized the
i tallation. A copy of the request is attached hereto.
Under announcement of interest items and possible future
a nda topics the following spoke:
Richard Vance, County Engineer
a) Said that the Road and Bridge
Department is about 96% complete on
getting timber down at the Expo center
and 80% complete to burn. Fire
Marshall shut them down temporarily
after one complaint.
There was no citizen input and/or concerns.
Under Agency/Board/Committee reports by Court members,
too following spoke:
Richard Vance, County Engineer
a) Informed the Court that the
railroads are no longer delivering
rock. The only way to get it is to
have it trucked in from Austin. It
is much more expensive that way,
approximately $100,000 more for
currently budgeted projects.
At 9:32 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
E cutive Session to discuss the acquisition of real property
a allowed under Section 551.072 of the Texas Government
C40e. The County Judge asked that Debbie Lockledge, Loraine
L 51
PAGE 17 ~
nmissioners Court meeting July 13, 2004 9
chols, Katie Connor, Candy Gallego and Ruth McLeod stay for
the Executive Session.
At 10:10 a.m. the County Judge announced the meeting open
the public and that no action would be taken on the
cutive Session.
At 10:10 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Executive Session to discuss a former employee that had been
t rminated as allowed under Section 551.074 of the Texas
vernment Code.
At 10:54 a.m. the County Judge announced the meeting open
the public and that no action would be taken on the
cutive Session.
There being no further business to come before the
rt, the meeting was adjourned.
OL
5~ PAGE III
T foregoing minutes of the Commissioners Court meeting held
J 13, 2004 have been examined and are approved in open
C rt this the 2( )q day of CLfbber 2004, in Bryan,
B ~zos County, Texas.
R dy S)eif s -
C nt Judge
e Peters
issioner, Precinct 2
C 19y Cauley, Jr.
C issioner, Precinct 4
Altest :
~ ~ -
1) ~ i, ~ ~e K en McQueen
C my Clerk
L
51
PAGE
leg
ric Cal well
Commissioner, Precinct 1
Kenny Malla d
Commissioner, Precinct
r
BRAZO
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COUNTY COMMISSIONERS COURT
ON 7- 13 200' AT °oo &M
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Organization/Department
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Name
Organization/Department
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following
THE
By:
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR
NO. 03/04-37.1 thru 03/04-37.2
,Ithis the 13'h day of July 2004 at a regular meeting of the Commissioners' Court, the following
present:
Randy Sims, County Judge, Presiding
Eric Caldwell, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
g proceedings were held:
.T WHEREAS, on 13 July 2004 the Court heard and approved a budget amendment for the 2003-
year for Brazos County, Texas.
6, an expenditure is necessary due to the necessity to meet unusual and unforeseen
could not be reasonably included in the original budget adopted 12 September 2003 the
rent(s) to the original are hereby authorized, as described on the attached page(s).
D AND APPROVED this the 1P day of July 2004.
ONERS' COURT OF BRAZOS COUNTY, TEXAS.
Judge
Original: County Clerk's Office and attached to the
original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL 157 PAGE j 9 1
BUDGET AMENDMENTS
No. 03/04-37.1
7/13/2004
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
140001
651500
CR
Computer Maintenance
688.00
01
140001
672030
DR
Minor Computer Hardware
688.00
Computer a
t
d Networ
k Services
To reallocate
ds to al
low for the cost associated with the purchase of comp
er equipment
for Judge E
ll
' office.
Prep3red ~y~:
7)tc
ifj
1/7/2004
Approved By.
Date:
VOLCq
I
BUDGET AMENDMENTS
No. 03/04-37.2
7/13/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 200001 615000 CR Printin 66.00
01 200001 717010 DR Solid Land Waste 66.00
District C1 44k - Administration
To realloca funds for the cost of landfill charges for destruction of files that have met
PreparedBy:
Da 4ifj
7/7/200-1
;A' proved By: A
°Date:
VOL ~N 1S3
PERSONNEL CHANGE OF STATUS
F
~f q,
CO T DATE: July 13, 2004
DEP TMENT: Personnel
PUR SE: Approve Personnel Change of Status
■ ■ ■ \ ■ ■ \ ■ 1
DEP TMENT NAME EMPLOYEE N0 E ACTION REQUESTED
SHE
F'S OFFICE/ SANDERS, JOSEPH RETURNED TO ACTIVE DUTY
AIL ESTRADA, RENEE NEW HIRE
WARE, JASON TRANSFER WITHIN DEPT.
FELTON, CODY NEW HIRE
HALL, JANET NEW HIRE
NELSON, LARRY NEW HIRE
JUVET
1',i
LE SERVICES GOODEN, SHATNER JDO STIPEND
POSEY, DA'RODERICK JDO STIPEND
ROAD
D BRIDGE RICE, CHARLES NEW HIRE
DIST
T CLERK LITTLE, LYNSEY NEW HIRE
Appro in Commissioners' Court: July 13,
Count udge's or Commissioner's Signature:
(This c y to be attached to minutes)
VOL 51 FADE 134
KONE Inc. R air Proposal
6/14/04 1 MI:M
Elevators Escalators
Brazos Cou
y Courthouse KONE Inc.
300 East 26
1:1
1 Street 4801 World Houston Parkway
Bryan, TX 7
7
803 Suite 150
Houston, TX 77012
Tel 281.442.6619
Fax 281.442.8457
www.kone.com
ATTN: CarI
4
kyle.smith@kone.com
RE: Fire SeNice
We propo to furnish and install all the necessary labor, materials, tools and supervision to perform the
following wltk on the Two (2) Dover Hydraulic Passenger Elevators located at the Brazos County Courthouse,
300 East 2 Street, Bryan TX 77803.
Un r this proposal, we will provide, install, and wire in all required circuitry and all required fixtures to
implement a following changes, all in compliance with ASME A17.3-2002, appendix C:
1) Rework of Phase 2 circuitry of each elevator to comply with rule 211.3c (3). Phase 2
circuitry will also be arranged to latch, forcing the retainage of Phase 2 in the event of a power
failure.
2) Addition of new 3 position Phase 2 keyswitch in the main car station of each car, with "hold"
position, operation to comply with rule 211.3c (2).
3) Replacement of existing visual signals in each car with new fire hat jewel, compliant with
figure 211.3a.
4) Addition of circuitry to implement timed override of independent service in the event of
Phase 1 recall, compliant with rule 211.5 (b).
5) Arrangement of circuitry to latch car calls on Phase 2 without requiring door closure, which
is currently required. Similarly, controllers will be
arranged to cancel all registered car calls on each stop on Phase 2.
6) Door closure on Phase 2 will be brought into compliance with rule 211.3c (1)(d). For this
change, a new door close button will be added in each main car station.
All other hardware and fixtures are in place currently for compliance with ANSI A17.3.
We presume it to be operational and therefore include only the preceding seven items in this
proposal.
All signals r smoke sensor activation of Phase 1 are assumed to be normally open, making to initiate recall.
We will to inate smoke sensor wiring to the appropriate terminals in the elevator controllers, provided that
signal wiri is brought to the appropriate cabinet, is plainly labeled, and is available when we perform the
controller difications.
MKT-14-0021 JRev8 (1/19/04)
Page 1 of 4
VOL51 pp0= 135
KONE Inc.
Proposal
Elevators Escalators
We will pi
1. P
2. P
Appendix
will also b
Traveling
We will pr
QEI Inspe
We will p
installaS
labor and material to install:
I signage/instructions at the first floor hall call station containing the Fire Service key switch.
II signage/instructions in each elevator above the new Fire Service key switch.
signage/instructions above each hall call station on each floor above the first floor. This signage
aced above the hall call stations for the reversed opening on elevator #1.
labor and material to install traveling cable to each of the elevator cabs.
a Qualified Elevator Inspector to inspect the work performed to ensure proper
operation.
KONE Inc. ill provide and install DATA CODE PLATES on all three of the units (including the jail elevator).
The Code to Plates are required for all new and on all existing elevators covered by ASME A17.1-2000. The
Code Data late provides the information necessary to the elevator inspector to identify the Code in effect at
the time of i stallation and any subsequent alteration. These codes must be used to determine the appropriate
inspection nd tests in accordance with Requirement 8.9.1.
Our price t perform the above mentioned work amounts to $21,,9.75.00 (TWENTY THREE.THOUSAND NINE
HUNDRE EVENTY.FNE AND 001100 USD) plus applicable taxes. Our price includes all applicable labor,
material a permit fees.
As of 6114
date of ac
The price c
Upon expii
costs.
30% Dow
The below
plus appl
Down pays
applicable
MKT-14-00:
, the lead-time for the above mentioned repairs is approximately 12 months from the
nce of this proposal due to vendor lead times.
ned within-this proposal is subject to the attached terms and conditions and is valid for 30 days.
of the validity period, the pricing may be adjusted to accommodate fluctuation in price/labor
price is based on a thirty percent (30%) down payment in the amount of $7,192.50
taxes.
KONE
is due before commencement of proposed labor and material. Work shall not commence until
i payment is received.
Rev8 (1/19/04)
voL 57..._
Page 2 of 4
KONE Inc. ft pair Proposal
Received Ely (KONE Representative):
Date Rec ved:
ACCEPT CE: The foregoing Agreement is
hereby si ed and accepted in duplicate on
behalf of
(Signature)
10
Si rns
(Print Nam
(Print Titld)
Date: / / T
Respectfully submitted by,
KONE Inc.
L
Kyle R. Smith, Service Sales Manager
(App ved By) Autliorized Representative
Title
Date:
MKT-14-0021 I Rev8 (1/19/04) VO L 57 PAG - 19-7 Page 3 of 4
KONE Inc. ~*pair Proposal
TERMS ND CONDITIONS
This propos s subject to the following terms and conditions, all of which are hereby agreed to:
It is express understood and agreed all prior agreements written or verbal regarding the subject matter herein are void and the
acceptance this Agreement shall constitute the contract for the material and work specified in this Agreement. Any changes to this
Agreement st be made in writing and signed by both parties.
Unless other se agreed it is understood the work shall be performed during regular working hours of regular working days of the
elevator trad If overtime work is mutually agreed upon and performed, the additional price, at KONE's usual rates for such work,
shall be add to the contract price herein named.
Purchaser a es to pay, as an addition to the price herein quoted, the amount of any tax based upon the transfer, use, ownership or
possession f" he equipment, imposed by any law enacted after the date of this proposal or imposed upon Purchaser by any existing
law.
Purchaser a es to pay, thirty (30%) percent of the Agreement amount including any accepted options and/or alternates upon
acceptance this proposal.
KONE rese the right to discontinue our work at any time until we have assurance, satisfactory to us, that payments will be made
as agreed.
Final payme shall become due and payable upon completion of the work described in this Agreement. Failure to pay any sum due
by KONE wit thirty (30) days of invoice will be a material breach. A delinquent payment charge calculated at the rate of 1'/z % per
month, or if rate is usurious then at the maximum rate under applicable law, shall be applied to delinquent payments. In the event
of default of payment provisions herein, Purchaser agrees to pay, in addition to any defaulted amount, all attorney fees, collection
cost or court t in connection therewith.
The machin , implements and apparatus furnished hereunder remain KONE's personal property and KONE retains title thereto until
final payme is made, with right to retake possession of the same at the cost of the Purchaser if default is made in any of the
payments, i pective of the manner of attachment to the realty, the acceptance of notes, or the sale, mortgage or lease of the
premises.
The states r iring notice prior to filing a lien, this notice requirement is hereby complied with.
The comple n of work or delivery of material specified in this Agreement is subject to delays caused directly or indirectly by
embargoes, ikes, lockout, common carriers, accidents or by any other similar or dissimilar cause beyond KONE's control, for which
KONE is to held harmless.
Should con i ons develop beyond KONE's control, making the building or premises in which KONE's personnel are working
dangerous, NE reserves the right to discontinue work until such dangerous conditions are corrected.
Should dam a occur to KONE's material or work on the premises, where work is to be or is being performed, by fire, theft, or
otherwise, t Purchaser is to compensate KONE therefor. Purchaser shall at all times and at Purchaser's own cost, maintain
comprehens bodily injury and property damage insurance (naming KONE Inc. as an additional insured), including bodily injury and
property da a caused by the ownership, use or operation of the equipment described herein.
INDEMNIFI TION OBLIGATION BETWEEN
PURCHASE AND KONE INC.
Purchaser ees to unconditionally indemnify and hold harmless KONE Inc., its directors, officers, agents, employees and
affiliates ( ether "KONE") from and against all, costs, expenses (including attorneys' fees), losses, claims and damages
of any natu whatsoever which KONE may at any time suffer or sustain or be alleged to be liable for by reason of any
injuries to y person, (including death) or damages to property or both sustained or alleged to have been sustained in
connection th, arising from or incidental to the work performed hereunder, including but not limited to any negligent act or
omission o ONE.
Neither K
payments
neglect of
The
nor it affiliates, subsidiaries or divisions shall be responsible or liable for any damages, claims, suits, expenses and
ccount of or resulting from any injury, death or damage to property arising or resulting from the misuse, abuse or
quipment herein named or any other device covered by this contract.
does hereby agree the exclusive venue for any dispute between the parties shall be in the county of Rock Island, IL.
MKT-14-00D1 11Rev8 (1/19/04) _ Q
;r PAGE I 9D
Page 4 of 4
1pC~ op
'L.
fL7~~~ P
ELEC 00193
Prescribed by Se t
Sections 3.006,
2193
Mary of State
10, 85.007, Election Code
BRAZOSCOUNTY
BRYAN, TEXAS
ORDER OF SPECIAL ELECTION
An electi is hereby ordered to be held on September 11, 2004 for the purpose of:
Det mining whether Brazos County shall establish a tax limitation on the
resi nce homestead of a disabled individual or an individual 65 years of age or
olde in accordance with Section 1-b(h), Article VIII of the Texas Constitution.
Early Voti r, g by personal appearance will be conducted each weekday from 8:00am - 5:OOpm at:
Br os County Courthouse, 300 E. 261h St., Bryan
Ar a Hall, N. Earl Rudder Frwy. And Tabor Road, Bryan
G lee Baptist Church, 804 N. Logan, Bryan
M11- , Texas A&M University Campus, College Station
Cc I ege Station Utility Customer Service Center, 310 Krenek Tap Rd., College Station
Beginnin n August 25, 2004 and ending on September 7, 2004.
Applicati s for ballot by mail shall be mailed to:
K n McQueen, Brazos County Clerk
30 East 26th St., Ste. 120
Br in, Texas 77803
Applications for ballot by mail must be received no later than the close of business on Member
3, 2004.
Issued this ~-day of Jul 004.
County Ju
Zk- / ~~5-
County Cc r missi
County C issi
Order No. 04-00
Pct. 2
w
Pct.
ti 57
Clerk
BRAZOS COUNTY ORDER
6! GC
County Commissioner, Pct. 1
N
oa
BRAZOS COUNTY
BRYAN, TEXAS
ORDER RELOCATING POLLING PLACE
FOR ELECTION PRECINCTS 13
WHE AS, there exists at the present time a certain polling place which cannot be used
for the purpose f conducting election; and
WHE AS, the polling place for Election Precinct 13 is located at Henderson
Elementary Sc ol, 801 Matous, Bryan, Texas; and
WHE AS, the Commissioner Court of Brazos County, Texas has been notified that
Henderson El entary School located at 801 Matous, Bryan, Texas is not suitable for the
conduction of elictions; and
WHE S, the Bethel Lutheran Church has agreed to allow the polling place for
Election Precin 13 to be located in the Bethel Lutheran Church building located at 410 Bethel
Lane, Bryan, T as;
NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos
County, Texas, at:
1. Fursuant to Section 43.031 of the Texas Election Code that the location of the
ling place for Election Precinct 13 be located at the Bethel Lutheran Church
1 ated at 410 Bethel Lane, Bryan, Texas; and
2. That the change of the location of the polling place for Election Precinct 13 be
e ctive on November 1, 2004.
3. Tat submission be made to the Assistant Attorney General, Civil Rights
D ision, Voting Section, Department of Justice, Washington D.C. requesting the
p 4learance of this Order pursuant to Section 5 of the Federal Voting Rights Act.
ADOPT this L" day of July, 2004 by a vote of AYES and U NAYS.
ATTEST:
Randy Si , County Judge
Karen McQueen, ountyCler L PAGE 0
Order No. 04-005 I -1- BRAZOS COUNTY ORDER
#7-
The Stje of Texas, County of BRAZOS
We, t undersigned, as County Commissioners within and for Brazos County, and the
Honor le Randy Sims, County Judge of Brazos County, constituting the entire
Corn= sioners' Court of Brazos County, during a regular meeting of said Court have
examir (d the foregoing report and have caused an order to be entered upon the Minutes
of the ommissioners' Court of Brazos County approving said Report as presented and
submit d as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in a Revised Statutes of the State of Texas. (Texas Local Government Code,
114.0 )
Witness my hand this 13`- day of A.D. 2004
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
and approved in open Commissioners' Court this (3iL- day of
ssioner Pr inct #3
Kenny Mallard, C
0& /1
Carey
CommissionerfreXnct #4
's Report for the Month of MAY 2004
Eric Caldwell, Commissioner Precinct #1
Duane Peters, Commissioner Precinct #2
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CONTRACT DOCUMENTS
FOR
TCDP 2003 W. 28TH STREET
WASTEWATER IMPROVEMENTS
FOR
BRAZOS COUNTY, TEXAS
APRIL 2004
MBESI No. 1000039
COMMISSIONER'S COURT
County judge Randy Sims
Precinct 1 Eric Caldwell
Precinct 2 Duane Peters
Precinct 3 Kenny Mallard
Precinct 4 Carey Cauley, Jr.
County Engineer Richard Vance, P.E.
SUBMITTED BY:
McCLURE & BROWNE ENGINEERING/ SURVEYING, INC.
1008 Woodcreek Drive, Suite 103 • College Station, Texas 77845
CONTRACT DOCUMENTS
FOR
TCDP 2003 W. 28TH STREET
WASTEWATER IMPROVEMENTS
FOR
BRAZOS COUNTY, TEXAS
APRIL 2004
MBESI No. 1000039
COMMISSIONER'S COURT
County Judge
Randy Sims
Precinct 1
Eric Caldwell
Precinct 2
Duane Peters
Precinct 3
Kenny Mallard
Precinct 4
Carey Cauley, Jr.
County Engineer
Richard Vance, P.E.
ISSUED FOR BIDDING AND
CONSTRUCTION PURPOSES.
~E OF TE~~t
i ~~P•• . ~qs1 *~l
J. DALE BROWNEJR:.
SUBMITTED BY: 7AC~1- f 11"ri
McCLURE & BROWNE ENGINEERING/SURVEYING, IN
1008 Woodcreek Drive, Suite 103 • College Station, Texas 77845
TABLE OF CONTENTS
Descri
Title Page
Table of t
Advertise
Instructio
Bid Form,
Bid Bond
Bidders Q
Non-CollAgreeme
Contracto
Corporate
( Construct
1 Construct
Certificate
General C
Suppleme
Wage Det
Labor St
Minority
Contracto
Federal
R
Trench S
on Section Number Total Pages
per Section
.......................00001 1
ntents ...................00005 2
ntfor Bids ...............00010 2
to Bidders ................00100 10
Bid Schedule ............00300 10
.......................00410 2
alification .................00420 6
ion Affidavit 00480 2
.........00520 8
s Right of Entry Agreement 00525 18
esolution ................00530 2
n Performance Bond 00610 2
n Payment Bond 00620 2
f Owner's Attorney 00630 2
ditions ..................00700 42
al Conditions ..............00800 12
anination Rates ............00850 4
lards ..................:.00860 30
male Goals and Timetables 00870 4
s Local Opportunity Plan 00880 4
inter - Trench Safety 00900 40
ty - Supplemental Information . 00910 6
Division 1l 14 l General Requirements
Special
110 - Pipe, Boring, Jacking, Tunneling, and Encasement 6
130 - Excavating, Trenching, and Backfilling 5
131 - Trench Safety 4
135 - Cement Stabilized Sand Backfill 2
150 - Concrete for Structures 6
152 - Mortar and Grout 3
155 - Removal of Existing Concrete 2
160 - Clearing and Grubbing 2
170 - Pobwinylchloride Pipe and Fittings 7
400 - Sanitary Sewage System 1
440- Manholes 4
490 - Testing for Sanitary Sew age Gravity System 8
lions to the Bryan/College Station Unified Technical Specifications 1
00005 Page 1 of 2 %
ADVERTISEMENT FOR BIDS
PROJE,
OWNEI
Sealed bi
Improver
I Purchase
f May 20,
l PRE-B11
at the Bn
Contract
i: TCDP 2003 West 28th Street Wastewater Improvements (Bid No. 2004-029)
Brazos County, Texas
r the unit price general construction contract for the TCDP 2003 West 28`h Street Wastewater
will be received by the Brazos County Purchasing Agent, Ms. Pat Howard, at the Brazos County
apartment, 300 East 26`h Street, Suite 117, Bryan, Texas 77803, until 1:30 p.m. Thursday,
at which time bids will be publicly opened and read aloud.
)NFERENCE - A pre-bid conference will be held at 10:00 a.m. on Wednesday, May 12, 2004
County Road and Bridge Department, 2617 Hwy. 21 West, Bryan, Texas 77803.
may be examined at the following places:
os County Road and Bridge Department, 2617 Hwy. 21 West, Bryan, Texas 77803
979-822-2127
M lure & Browne Engineering/Surveying, Inc., 1008 Woodcreek Dr., Ste 103, College Station, Texas 77840
T 1 979-693-3838
os Valley Contractors Association Plan Room, 2828 Finfeather Rd., Bryan, Texas 77801
979-822-6553
ge Report Plan Room, 4101 Greenbriar, Suite 320, Houston, Texas 77898
713-529-4895
Copies of ntract Documents may be obtained from McClure & Browne Engineering/Surveying, Inc., upon
payment o 65.00 (payable to McClure & Browne Engineering/Surveying, Inc.) for each set. The ENGINEER
shall re $20.00 for each set returned in good condition to the ENGINEER within 30 days after the date
bids are r ived.
Attention called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related
Acts) wag rate, as issued by the Texas Department of Housing and Community Affairs and contained in the
contract d uments, must be paid on this project. In addition, the successful bidder must ensure that employees
and appli nts for employment are not discriminated against because of race, color, religion, sex, age or
national o in.
The 01A1*R reserves the right to waive any informalities or to reject any or all bids.
Each BID ER must deposit with his bid, security in the amount, form, and subject to the conditions provided
for in the formation for Bidders. Bids maybe held by OWNER for a period not to exceed 30 days from the
date of th id opening for the purposed of reviewing the bids and investigating the bidders qualifications prior
to the con i act award. All contractors/subcontractors which are debarred, suspended or otherwise excluded
from or ' igible for participation on federal assistance programs may not undertake any activity in part or
in full un Fr this project.
BRAZOS COUNTY, TEXAS
00010 - Page 1 of 2
INSTRUCTIONS TO BIDDERS
ARTICLE I - DEFINED TERMS
1.01 Terms u in these Instructions to Bidders will have the meanings indicated in the General Conditions
and Supplemen Conditions. Additional terms used in these Instructions to Bidders have the meanings
indicated below, hich are applicable to both the singular and plural thereof-
A. Bidd - The individual or entity who submits a Bid directly to OWNER.
B. Succ ful Bidder -The lowest responsible Bidder submitting a responsive Bid to whom OWNER
(on the basis of WNER's evaluation as hereinafter provided) makes an award.
ARTICLE 2 - qJ)PIES OF BIDDING DOCUMENTS
2.01 Complet is of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Advertisement Invitation to Bid may be obtained from the ENGINEER. The deposit will be refunded as
described in the dvertisement or Invitation to Bid.
2.02 Complet sets of Bidding Documents must be used in preparing Bids; neither OWNER nor
ENGINEER as es any responsibility for errors or misinterpretations resulting from the use of incomplete
sets of Bidding ocuments.
2.03 OWNER d ENGINEER in making copies of Bidding Documents available on the above terms do
so only for the se of obtaining Bids for the Work and do not confer a license or grant for any other use.
ARTICLE 3 - ALIFICATIONS OF BIDDERS
3.01 To demo ate Bidder's qualifications to perform the Work, the Bidder shall submit written evidence
such as financ" data, previous experience, present commitments, and such other data as outlined in the
Statement of Bi er's Qualifications herein, and evidence of Bidder's qualification to do business in the state
where the Proi is located.
ARTICLE 4 - ATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND SITE
4.01 Subsurfa and Physical Conditions
A. The 31 pplementary Conditions identify:
1. Dose reports of explorations and tests of subsurface conditions at or contiguous to the Site
that Eng er has used in preparing the Bidding Documents.
00100 - Page 1 of 10
pAn'r l~~
2. `hose drawings of physical conditions in or relating to existing surface and subsurface
ctur at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in
' the Bidding Documents.
B. Cop ofreports and drawings referenced in paragraph 4.01.A will be made available by OWNER
to any Bidder request. Those reports and drawings are not part of the Contract Documents, but the
'technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the
General Condi ' ns has been identified and established in paragraph 4.02 of the Supplementary Conditions.
Bidder is respo ible for any interpretation or conclusion Bidder draws from any "technical data" or any other
data, interpret ons, opinions or information contained in such reports or shown or indicated in such
drawings.
4.02
Facilities
A. Info tion and data shown or indicated in the Bidding Documents with respect to existing
Underground Finicilities at or contiguous to the Site is based upon information and data fiirnished to OWNER
and ENGINE by owners of such Underground Facilities, including OWNER, or others.
4.03 HazardoW Environmental Condition
A. The upplementary Conditions identify those reports and drawings relating to a Hazardous
Environmental ondition identified at the Site, if any, that ENGINEER has used in preparing the Bidding
Documents.
B. Copi ofreports and drawings referenced in paragraph 4.03.A will be made available by OWNER
to any Bidder di i request. Those reports and drawings are not part of the Contract Documents, but the
"technical data" ontained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the
General Condit ms has been identified and established in paragraph 4.06 of the Supplementary Conditions.
Bidder is respo ible for any interpretation or conclusion Bidder draws from any "technical data" or any other
data, interpret ns, opinions, or information contained in such reports or shown or indicated in such
drawings.
4.04 Provisio concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to sub face conditions, other physical conditions and Underground Facilities, and possible changes
in the Bidding cements due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and
4.04 of the Gen al Conditions. Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bi rs with respect to a Hazardous Environmental Condition at the Site, if any, and possible
changes in the ntract Documents due to any Hazardous Environmental Condition uncovered or revealed
at the Site whic was not shown or indicated in the Drawings or Specifications or identified in the Contract
Documents to within the scope of the Work appear in paragraph 4.06 of the General Conditions.
4.05 On requ , OWNER will provide Bidder access to the Site to conduct such examinations,
investigations, lorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder
shall fill all ho and clean up and restore the Site to its former condition upon completion of such
explorations, in stigations, tests, and studies. Such investigations, explorations, tests, and studies shall not
interfere with flo existing facilities and/or operations of the OWNER.
00100 - Page 2 of 10
4.06 Article
other work t]
contractors) t
to each Bidd4
related to pric
4.07 It is the
A. -exaj
data,identified
B.
conditions
C.
may affect
D. can
the Site and a]
or;eontiguous
Conditions as
drawings-of o
of the General Conditions and the Supplementary Conditions discuss the general nature of
is to be performed at the Site by OWNER or others (such as utilities and other prime
t relates to the Work for which a Bid is to be submitted. On request, OWNER will provide
for examination access to or copies of Contract Documents (other than opinions thereof
for such other work.
sponsibility of each-Bidder before submitting a Bid to:
ie and carefully study the Bidding Documents, including any Addenda and the other related
the Bidding Documents;
le' Site and become familiar with and satisfy Bidder as to the general, local, and:Site
iay affect cost, progress, and performance of the Work;
ne familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that
progress, or performance of the Work;
illy study all reports of explorations and tests of subsurface conditions at or contiguous to
Irawings of physical conditions in or relating to existing surface or subsurface: structures at
the Site (except Underground Facilities) which have been identified in the Supplementary
rovded in paragraph 4.02 of the General Conditions, and carefully study all reports and
tazardous Environmental Condition, if any, at the Site which have been identified .in, the
Conditions as provided in paragraph 4.06 of the General Conditions;
E. obt ` and carefully study (or assume responsibility for doing so) all additional or supplementary
examinations, vestigations, explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Undergro d Facilities) at or contiguous to the Site which may affect cost, progress, or performance of
the Work or ch relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction t `be employed by Bidder, including any specific means; methods, techniques, sequences, and
procedures o onstruction expressly required by the Bidding Documents; and safety precautions and
programs inci nt thereto;
F. agr at the time of submitting its Bid that no further examinationsinvestigations, explorations,.
tests, studies, data are necessary for the determination of its Bid for performance of the Work at the price
bid and within a times and in accordance with the other terms and conditions of the Bidding Documents;
G. bec a aware of the general nature of the work to be performed by OWNER and others at the
Site that relate
to -the Work ' indicated in the Bidding Documents;
H. co to the information known to Bidder; information.and,observations obtained from visits to
the Site, rep s: and ,drawings, identified in the Bidding :.Documents, and all. additional examination,
investigations, xplorations, tests, studies, and data with the Bidding Documents
I. pro tly give-ENGINEER written notice of all conflicts, errors, ambiguities:or discrepancies that
Bidder discov s in the Bidding Documents and confirm that the written resolution thereof by ENGINEER
00100 - Page `3 of 10
VOL'_ PAGE f
is acceptable
; and
J. ' dete a that the Bidding Documents are generally sufficient to indicate and convey
understanding all terms and conditions for the performance of the Work.
4.08 The sub 'ssion of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with very requirement of this Article 4, that without exception the Bid is premised upon
performing an' hing the Work required by the Bidding Documents and applying any specific means,
methods, techn' ues, sequences, and procedures of construction that maybe shown or indicated or expressly
required by 4hei
dding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors,
ambiguities, discrepancies that Bidder has discovered in the Bidding Documents and the written
resolutions tf by ENGI
NEER are acceptable to Bidder, and thatthe Bidding Documents are generally
sufficient to to and convey understanding of all terms and conditions for performing and furnishing the
Work.
ARTICLE 5 - P#t&BID CONFERENCE
5.01 Apre=B ibe nference will be held at 10:04 a.m. on May 12, 2004 at the Brazos County Road and
Bridge Depart , 261 7 Hwy. 21 .West, Bryan, Texas 77803. Representatives of. OWNER and
ENGINEER present to discuss the Project. Bidders are encouraged to attend and participate in the
conference. E GINEER will :transmit to all prospective bidders a record of Addenda as ENGINEER.,
considers nece in response to questions arising... at the conference. Oral statements may not be relied,.
upon and will t be binding or legally effective.
ARTICLE 6 TE AND- OTHER AREAS
6.01 The Sited s identified in the Bidding Documents. All additional lands and access thereto required-for
temporary co ruction facilities, construction equipment, or storage of materials and equipment -to be
incorporated ' he Work are to be obtained and paid for by CONTRACTOR. Easements.for permanent
structures or p4mianent changes in existing facilities are to be obtained and paid for by OWNER unless
otherwise pro led: in the Bidding Documents.
ARTICLE 7 - TERPRETATIONS AND ADDENDA
7.01 All que ons about the meaning or intent of the Bidding Documents are to be submitted to-
ENGINEER ' 'ting. Interpretations or clarifications considered necessary by ENGINEER in response
to such questi will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as
having receive he Bidding Documents. Questions received less than five (5) days prior to the date for
opening: .of B* y not be answered. Only questionsanswered by Addenda will be binding. Oral and other:
interpretations clarifications will be without legal effect:
7.02 Adde:
OWNER or
be issued to clarify; correct, or change the Bidding Documents as deemed advisable by
00100 - Page 4 of 10
V45-7 PAL O
t
ARTICLE 8 J
311) SECURITY
8.01 A Bid
st be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder'E
maximum Bid
rice and in the form of a certified or bank check or a Bid Bond [on the form attached; if a
form is prescrib
ed] ' issued by a surety meeting the requirements of paragraphs' 5.01 and 5.02 of the Genera]
Conditions.
-
8.02 The Bi
ecurity of the Successful Bidder will be retained until such Bidder has executed the Contract
Documents,
hed the required contract security and met the'other conditions of the Notice of Award,
whereupon t
Bid security will be returned. If the Successful Bidder fails to execute and deliver the
Contract Doc
ents and fiarnish the required contract security within fifteen (15) days after the Notice of
Award, OWN.
R "mayannul the Notice of Award and the Bid security of that Bidder will be forfeited. The
Bid security o
ther Bidders whom OWNED believes to have a reasonable chance of receiving the'award
may be retain
by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91
days after the
id opening, whereupon Bid security furnished by such Bidders will be returned. `
8.03 Bid sec
'ty of other Bidders whom OWNER believes do not have a reasonable chance of receiving
the award will
' returned within seven (7) days after the Bid opening. In the event that Bid Security is in
the form of a
dBond, it will not be physically returned to the Bidder, except on written request.
ARTICLE 9 -
CONTRACT TIME
9.01 Then
r of days within which, or the dates by which, the Work is to be (a) Substantially Completed
and (b) also cc i '
leted and ready for final payment are set forth in the Bid Form and Agreement.
ARTICLE 10
1 IQUIDATED DAMAGES
10.01 Provisi
for liquidated damages, if any, are set forth in the Bid Form and Agreement.
ARTICLE 11
UBSTITUTE AND "OR-EQUAL- ITEMS -
11.01 The Co
ct, if awarded, will be on the basis ofmaterials and equipment specified or described in the
Bidding Doc
nts without consideration ofpossible substitute or "or-equal" items. Whenever it is specified
or described in
a Bidding Documents that 'a substitute or "or-equal' item of material or equipment maybe
furnished or
by CONTRACTOR if acceptable to ENGINEER,
application for
ch acceptance will not be considered by ENGINEER until after the Effective Date of the
Agreement. T
procedure for submission of any such application by CONTRACTOR and consideration
by ENGINEER
set forth in the General Conditions and maybe supplemented in the General Requirements.
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.01 If the Sup
plementary Conditions require the identity of certain Subcontractors, Suppliers, individuals,
00100 - Page 5 of 1.0
V L 5? PA3EE_
or entities to t
Agreement, th
Bid opening, si
for those porti,
an experience.
qualification f<
OWNER or El
Supplier, indh
Successful Bid
12.02 If apl
Contract to.
or entities. ]
security of
OWNER or
deemed acre
Date of.the,
12.03 CONTI
against whom
submitted to OWNER in advance of a specified date prior to the Effective Date of the
ipparent Successful Bidder, and any other Bidder so requested, shall within five days after
nit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed
s of the Work for which such identification is required. Such list shall be accompanied by
atement with pertinent. information regarding similar projects and other evidence of
each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If
iINEER, after due investigation, has reasonable objection to any proposed Subcontractor,
ual, or entity, OWNER may, before the Notice of Award is given, request apparent
r to submit a substitute, without; anincrease in the Bid.
it Successful Bidder declines to make any, such substitution, OWNER may award the
text lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals,
fining to make requested. substitutions will not constitute grounds for forfeiture of the Bid
3idder. Any Subcontractor, Supplier, individual,. or entity so listed and against which
3INEER makes no written objection prior to the, giving. of the Notice of Award will be
file to OWNER and ENGINEER subject to revocation of such acceptance after the Effective
:ement as provided in paragraph 6.06 of the General Conditions.
.CTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity
)NTRACTOR has reasonable objection.
ARTICLE 13 REPARATION OF BID
13.01 The Bid rm is included with the Bidding Documents. Additional copies maybe obtained from
ENGINEER.
13.02 All blank' on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed..
A Bid prices "be indicated for each location listed therein, or the words "No Bid," "No Change," or'Not,
Applicable" en red.
13.03 A Bid b corporation shall be executed in the corporate name by the president or a vice-president
or other corpo to officer accompanied by evidence of authority to sign. The corporate-seal shall be
affixed and att ted by the, secretary or an assistant secretary. The corporate address and state of
incorporation , be shown below the si ture.
13.04 A Bid b partnership shall be executed in the partnership name and signed bya partner (whose title
must appear er the signature), aecomp4nkd by evidence of authority to sign The official address of the
partnership slu 1. be;shown below the signature.
13.05 A Bid a limited liability company shall be executed in the name of the firm by a member and
accompanied evidence of authority to sign The state of formation of the firm and the official address `of
-
the firm must shown below the signature.
13.06 A Bid b individual- shall show the Bidder's- name and official address.
r-
00140 - Page,6 of 10
13.07 A Bid byjoint venture shall be executed by each joint venturer in the manner indicated on the Bid
form. The offs address of the joint venture must be shown below the signature.
13.08 All name shall be typed or printed in ink below the signatures.
13.09 The Bid Oall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be
filled in on the d form.
13.10 The addr~os and telephone number for communications regarding the Bid shall be shown.
ARTICLE 14 - OASIS OF BID; EVALUATION OF BIDS
14.01 Unit Price
A. Biddcrs shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.
B. The t al of all estimated prices will be determined as the sum of the products of the estimated
quantity of eac tem and the unit price Bid for the item. The final quantities and Contract Price willbe
determined in rdance with paragraph 11.03 of the General Conditions.
C. Discr ancies between the multiplication of units of Work and unit prices will be resolved in favor
of the unit price Discrepancies between the indicated sum of any column of figures and the correct sum
thereof will be solved in favor of the correct sum Discrepancies between words and figures will be
resolved in favo of the words.
14.02 The Bid Mice shall include such amounts as the Bidder deems proper for overhead and profit on
account of cash lowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the
General Condit14.03 Bid pric will be compared and alternates may be applied to the base Bid in any combination as
selected by O R If the contract is awarded, it will be awarded to the Bidder whose base Bid plus the
combination of ernatives selected by the OWNER, if any, is the lowest.
14.04 If the Conrract Time is to be designated by Bidders in the Bid Form, the following method will be
utilized to evaluke the bids:
1. is will first be evaluated in accordance with 14.03 and arranged from the lowest Bidder to
the hi2he Bidder.
2. ch Bid will then be adjusted based on the proposed Contract Time of that specific Bid. The
proposed on tract Time of the lowest Bidder will be taken as the "Target Contract Time". The
Target C tract Time will be subtracted from the proposed Contract Time of that specific Bid, the
time diff nce or will be multiplied by the liquidated damages as set forth in the Bid Form The
total will en be added to that specific Bid to create an adjusted Bid.
00100 - Page 7 of 10
VOL S7 PAGE d03
3.
nce each Bid has been adjusted, the contract, if awarded, will be awarded to the Bidder
whose a
dj
usted Bid is the lowest.
ARTICLE 15 -
UBMITTAL OF BID
15.01 Bids s
be submitted no later than the date and time prescribed and at the place indicated in the
advertisement
invitation to Bid and shall be enclosed in an opaque sealed envelope (bid envelope) plainly
marked with t
Project title (and, if applicable, the designated portion of the Project for which the Bid is
submitted), Bi
o. 2004-029, the name and address of Bidder, and shall be accompanied by the Bid security
and other requi
documents. An acknowledgment of each addendum received shall be shown clearly on
the outside of
a bid envelope. If a Bid is sent by mail or other delivery system, the sealed envelope
containing the
d shall be enclosed in a separate envelope plainly marked on the outside with the notation
"BID ENCLO
D."
ARTICLE 16
MODIFICATION AND WITHDRAWAL OF BID
16.01 A Bid
be modified or withdrawn by an appropriate document duly executed in the manner that
a Bid must be
ecuted and delivered to the place where Bids are to be submitted prior to the date and time
for the opening
of Bids.
16.02 If within
4 hours after Bids are opened any Bidder files a duly signed written notice with OWNER
and promptly t
_
reafter demonstrates to the reasonable satisfaction of OWNER that there was a material and
substantial
a in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will
be returned.
reafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the
Work.
ARTICLE 17
PENING OF BIDS
17.01 Bids wil]
b
e opened at the time and place indicated in the advertisement or invitation to Bid and, unless
obviously non-
sponsive, read aloud publicly. An abstract of the amounts of the base Bids and major
alternates, if
will be made available to Bidders after the opening of Bids.
ARTICLE 18
IDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 All Bids
remain subject to acceptance for the period of time stated in the Bid form, but OWNER
may, in its sole
d
iscretion, release any Bid and return the Bid security prior to the end of this period.
ARTICLE 19
WARD OF CONTRACT
19.01 OWNE
reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive,
balanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any
00100 - Page 8 of 10
VU 57F AGS o~ o-4
Bidder whom finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also
reject the Bid any Bidder if OWNER believes that it would not be in the best interest of the Project to
make an away that Bidder. OWNER also reserves the right to waive all informalities not involving price,
time, or changes in the Work and to negotiate contract terms with the Successful Bidder.
19.02 More t one Bid for the same Work from an individual or entity under the same or different names
will not be co dered. Reasonable grounds for believing that any Bidder has an interest in more than one
Bid for the W may be cause for disqualification of that Bidder and the rejection of all Bids in which that
Bidder has an erest.
19.03 In eval 5 mg Bids, OWNER will consider whether or not the Bids comply with the prescribed
requirements, d such alternates, unit prices and other data, as may be requested in the Bid Form or prior
to the Notice Award.
19.04 In evaling Bidders, OWNER will consider the qualifications of Bidders and may consider the
qualifications d experience of Subcontractors, Suppliers, and other individuals or entities proposed for
those portions f the Work for which the identity of Subcontractors, Suppliers, and other individuals or
entities must submitted as provided in the Supplementary Conditions.
19.05 OWNE y conduct such investigations as OWNER deems necessary to establish the responsibility,
qualifications, d financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities
to perform the ork in accordance with the Contract Documents.
19.06 If the C tract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the
best interests the Project.
ARTICLE 20 ONTRACT SECURITY AND INSURANCE
20.01 Article f the General Conditions, as may be modified by the Supplementary Conditions, sets forth
OWNER's req ements as to performance and payment Bonds and insurance. When the Successful Bidder
delivers the executed Agreement to OWNER, it must be accompanied by such Bonds.
ARTICLE 21 IGNING OF AGREEMENT
21.01 When R gives a Notice of Award to the Successful Bidder, it shall be accompanied by the
required numb of unsigned counterparts of the Agreement with the other Contract Documents which are
identified in the greement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall
sign and delive he required number of counterparts ofthe Agreement and attached documents to OWNER.
Within thirty ( ) days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder
with a complet set of the Drawings with appropriate identification.
00100 - Page 9 of 10
° X05
57
ARTICLE 23 -119ETAINAGE
23.01 From eaa partial payment made to the CONTRACTOR, an amount equal to ten (10) percent will be
retained until r the completion of the Work to the satisfaction of the ENGINEER
ARTICLE 24 -
24.01 If any le action is filed upon the bid, performance or payment bonds, or upon the Contract itself,
venue shall lie i the County in which the project site is located.
00100 - Page 10 of 10
~L 57 PAGE vZ0(p
BID FORM
' PROJECT: T DP 2003 WEST 28TH STREET WASTEWATERIMPROVEMENTS (BID NO. 2004-029)
CONTRACT ENTMCATION AND NUMBER: TCDP NO. 723069, MBESI NO. 1000039
THIS BID IS UBMITTED TO: BRAZOS COUNTY, TEXAS
f
r1.01 The and -signed Bidder proposes and agrees, if this Bid is accepted, to enter, into an Agreement with
OWNER in th orm included in the Bidding Documents to perform all Work as specified or indicated in the
Bidding Docutt nts for the prices and within the times indicated in this Bid and in accordance. with the other
terms and con ions of the Bidding Documents.
2.01 Bidder cepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to idders, including without limitation those dealing with the disposition of Bid security. The
Bid will remair: ubject to acceptance for 90 days after the Bid opening, or for such longer period oftime that
Bidder may a to in writing upon request of OWNER
3.01 In sub ling this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bid r has examined and carefully studied the Bidding Documents, the other related data identified
in the Bidding ocuments, and the following Addenda, receipt of all which is hereby acknowledged:
Addendum No. Addendum Date
~r
B. Bid has visited the Site and become familiar with and is satisfied as to the general, local and Site
conditions may affect cost, progress, and performance of the Work.
C . Bid r is familiar with and is satisfied as to all federal, state and local Laws and Regulations that
may affect co progress and performance of the Work.
D. Bid r has carefully studied all: (1) reports of explorations and tests of subsurface conditions at
or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface tures at or contiguous to the Site (except Underground Facilities) which have been identified
l - 00300 -Page 1 of 10
"d`OLs7 n; r.
in the Supl
and drawi
E. Big
additional or
conditions (s
cost, progres
sequences, aj
methods, tec
F. Bic
or data are ne
within the tier
G. Bic
that relates tc
;ntary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports
of a Hazardous Environmental Condition, if any, which has been identified in the
Conditions as provided in paragraph 4.06 of the General Conditions.
;r has obtained and carefully studied (or assumes responsibility for having done so) all
pplementary examinations, investigations, explorations, tests, studies and data concerning
a( e, subsurface and Underground Facilities) at or contiguous to the Site which may affect
Rr performance of the Work or which relate to any aspect of the means, methods, tephniques,
xrocedures ofconstruction to be employed by Bidder, including applying the specific means,
iques, sequences, and procedures of construction expressly required by the Bidding
e employed by Bidder, and safety precautions and programs incident thereto.
:r does not consider that any further examinations, investigations, explorations, tests, studies,
ssary for the determination of this Bid for performance of the Work at the price(s) bid and
and in accordance with the other terms and conditions of the Bidding Documents.
,r is aware of the generatnature of work to be performed by OWNER and others at the Site
ie Work as indicated in the Bidding Documents.
H. Bid r has correlated the information known to Bidder, information and observations obtained
from visits t ' he Site, reports and drawings identified in the Bidding Documents, and all additional
examinations, vestigations, explorations, tests, studies, and data with the Bidding Documents.
L Bid r_has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies,
that Bidder discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is
acceptable to idder.
J. Th idding Documents are generally sufficient to indicate and convey understanding of all terms
and condition or the performance of the Work for which this Bid is submitted.
i
4.01 Bid1de
her represents that thisBid
is genuine andnot made in the interest of or on behalf of any
undisclosdual or entity and is not submitted in conformity with any agreement or rules of any group,
associatioization or corporation; Bidder has not directly or indirectly induced or solicited any other
Bidder to a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain
from biddBidder has not sought by collusion to obtain for itself any advantage over any other Bidder
or over O 5.01 Bidder ill complete the Work in accordance with the Contract Documents for the following price(s):
' 1.00
1.01 Mobiliz
2.00
WAIST
2 01
~
t
2 02.
6"6
N
~
`
(inb"tU~f
2:03
6"o All
r~
(include
r
2.04
8"e AS
2:06 11
2.07 IW - 1
_crn,~n
2.08
Trenc
L, 2.09
16"o'
2.10
16"o
2.11
4' Sta
(inclu
2,12
Addit
2.13
Conn
l ,
Drop
2.14
Clean
2.15
4" Lo
teE
j
2.16 4"
i uyjnv.
struct
testinj
IEDULE
DESCRIPTION
ESTIMATED
c
UNIT
TOTAL ESTIMATED
IANTITY
PRICE
PRICE
LATION
i
'
I
$
tb
'Zi
q
V
'7 Oy
01
on
e
,
j
t 4i ~~F
vA:TER IMPROVEMENTS
.
}
A
SDR 26 PVC Pipe
M D3034,
1,039 LF
Ration, testing, and cleanup.)
q°
1Y1 D3034, SDR 24,
n~s ,ao
installation, testa}
;
M D2241, Class 0 1?VC'Pipe
$ 3 1 b. 00
installation, testing, and cleanup.)
q D2241, SDR 26 Restrained Joint
131 LF
(includes installation, testing, and
yt~,
a B kfill:- Non-
332 LF
I~
$ tD
a
$ ; A Vi 30
Sties backfill and cleanup)
& Backfill - Non-
'enchin
090 LF
1
$
$
g
,
t (includes backfill and cleanup)
Crenching & Backfill - Non-
1,735 LF
1(includes backfill and cleanup)
co
2 5g
afety
3,157 LF
1
$
i
Bore
122 LF
$ ,
$ ; 4 e 5710
,1 Encasement (1/2')
122 LF
$ 3 ~
$ 4.144 3 UV
rd Manhole.(0 - 6'` Deep)
9 EA
$ d •
Q Q,
installation, testing, and cleanup)
th
h
le D
39 VF
$
aq 3.10
$
ep
al Man
o
.
on to existing manhole (includes
1 LS
$T .
$
sauce and reconditioning invert)
1 EA
Double Service Connections to
4 EA
$
.
Late ROW (includes installation,
C backfill, pavement repair,
nd cleanup.)
q~ a n9.
~T
3mgle Service Connections to 10 EA $ $
Late ROW (includes installation,.
l backfill, pavement repair,
lid cleanup.)
00100 = Page 3 of 4101
NO. DESCRIPTION
ESTIMATED UNIT TOTAL ESTIMATED
QUANTITY PRICE PRICE
2.17
4" Sho '
Service Connections to'
7 EA
00
$ 5n0 .
$ ` 3,g4oY.-6~
appro i `
ate ROW (includes installation,
testing,
d cleanup.)
2,18
Concr '
Drive Repair
9 SY
$5
2.19
Asphal
ve Repair
6 SY
W
$
t
$ 1
2.20
Rock
a Repair
121 SY
$
2.21
Installa
of 18" C.IvLP. Culverts
200 LF
$ 31i , tm
2.22
Yard P
Connection - 4242 W. 2e
I LS
$ bn
C
(includ
onnecting home to service and
cleanup
I
2.23
Yard P•
Connection - 4220 W. 28th
g
1 LS
(includ
connecting home to service and
cleanup
2.24
Yard i
g Connection - 4116 W. 2e
1 LS
(iniclud
connecting home to service and
cleanup I
2.25
Yard Pi
g Connection - 4025 W. 28"`
1 LS
$T_
. $
(incl
connecting home to service and
2.26
Yard Pi)
hg Connection - 4023 W. 28th
(includ
connecting home to service and
clean
2.27
Ya'
'
g Connection - 4018 W. 28th `
Lo
L
7
16 (includes connecting homes
to
4
i
and cleanup)
2.28
Yard Pi
Connection - 4018A W. 28th
Lots 16
(includes connecting home to
service
d cleanup),,
2.29
Yard Pi
g Connection - 4017 W. 28"
(include
connecting home to service-and
cleanup
2.30
Yard Pi `
g Connection - 3910 W. 28'h `
(include
connecting home to service and
cleanup
2.31
Yard Pi
g Connection - 3907 W. 28'
(include '
connecting home to service and
cleanup
2.32
Yard Pi
g Connection - 3908 W. 28*
(include
connecting home to service and
cleanup
1 LS $ 1w.6b . $
1 LS $ 1 6~
1 L$
66
1 LS
1 LS $ X. 6b
~~AA60
1 LS $ 1 OU
$ Lit <am to
$ 1D1o0, ~l
1 LS
00300, Pty 4 f 10
L
L
ii
' NO.
2.33
Yard ]
(inchu
clean
2.34
Yard ]
(inclu
clean
2.35
Yard ]
l..
2.36 Yard
(inch
dean
2.37 Yard
2.38 Yard
2.39 Yard F
(incluc
2.40 Yard
2.41 Yard g
(includ
cleanup
2.42 Yard P
(includ
cleanul
2.43 Yard P
2.44 Yard
2.45 Yard
cleanup
DESCRIPTION
ESTIMATED
UNIT
TOTAL ESTIMATED
QUANTITY
PRICE
PRICE
ing Connection - 3906 W. 28"'
1 LS
$
connecting home to service and
ing Connection - 3814 W. 28'h
1 LS
t72)
$
connecting home to service and
11
ng Connection - 3821 W. 28
1 LS
connecting home to service and
ng Connection - 3812 W. 28*
1 LS,
$
connecting home to service and ,
C
0
0
$
~
ng
onnection - 38
. W. 2e,
LL
$ .
►
7
V
connecting home to service and
hg Connection - 3710 W. 28ffi
1 LS
$
connecting home to service and
`h
~ 0
ng Connection - 3711 W. 28
1 LS
$
.
$
connecting home to service and
hg Connection - 3708 W. 28'h
1 LS
$ dV •
$
connecting home to service and
1h "
nM
900
~
ngConnection = 3803 W. 28
I LS
•
$
$ y ,
V
connecting home to service and
'h
ng Connection - 3604 W. 28
I LS
connecting home to service and
ng Connection - 3512 W. 28'h
1 LS
$ b
$ o
connecting home to service and
ng Connection - 3500 W. 28&
1 LS
$
900
connecting home to service and
ng Connection - 3410 W. 28ffi
1 LS
geo.
$
$
.
connecting home to service and
_
NO.
DESCRIPTION ESTIMATED UNIT
TOTAL ESTIMATED
I
QUANTITY PRICE
PRICE
2.46
Yard Pi
'
g Connection - 3416 W. 28th
I LS $
$ lD . U U
(includ
connecting home to service and
cleanup
2.47
Pump o
existing septic tank and backfill.
28 EA $
2.48
Erosion
ontrol
1 LS $ oRJ ,
$o~~ . V v .
2.49
Seeding
f disturbed areas - ±2,200 SY
I LS $ 15U.
s coo.
(includ
watering)
t .
Ong V~ J Ia Ad.1J4n y- N~rc,
Tho Oint l~Jr,ntl~
TOTA
L OF
T PRICES(BASE BID):
$
V
o110.rS
OD
(USE WORDS) ar`el , . iq.,p..
( GURE)
ALTERNATE
1 in lien of the "Base Bid", Contractor shall install Vo Sewer Line and Associated Bore
and Steel Encasement in place of 8"o Sewer Line from Manhole 1 to Manhole 3
l
Deletions
f
A1.01
Delet
`
Item 2.01 in Base Bid (Unit price
1,039 LF S
$
l
A1.02
must
Delet
same as in Base Bid.)
tem 2.02 in Base Bid (Unit price
2,088 LF $ ; Q
$ a S
f
must
same as in Base Bid.)
A1.03
Delet
'
tem 2.04 in Base Bid (Unit price
131 LF $
$ q0
must
'
same as in Base Bid.)
A1.04
Del
tem 2.09 in Base Bid (Unit price
122 LF $ H S
$ (jalqqq!IS6~
must
k
same as in Base Bid.)
I
l
A1.05
Del
tem 2.10 in Base Bid (Unit price
122 LF
$ I
7g
must
same as in Base Bid.)
Additions
l
AI.06
8''m
TM D3034, SDR 26 PVC Pipe `
500 LF $ ,'-t~
(inch
'
installation, testing, and
clean
A1.07
6"e
TM D3034,` SDR 26 PVC Pipe'
2,627 LF $
$ 'd~. t➢ 1•
(incl
installation, testing, and
,
clean
)
A1.08
6"e
TM D2241, SDR 26 Restrained
r~
131 LF
nn
,
Joint
C Pipe, or approved equal
(incl
installation, testing, and
clean
A1.09
14"o
1
ry
Bore
1222 LF $
" $
A1.10
14"o
1 Encasement WT)
122 LF $ a~ . ~5
$ J ~'rjO`~ •
(
SUBTOTAL ALTERNATE #1
}
(TOTAL IN
? BASE .BID):
1"
T
t$
OL
r
0
IJ
00300 - Page 6 of 10
Unit Prices a been computed in accordance with paragraph 11.03.B of the General Conditions. Bidder
acknowledge, hat ' estimated quantities are not guaranteed, and are solely for the purpose of comparison of
Bids, and payment for all Unit Price Bid items will be based on actual quantities provided, determined
as provided ' he Contract Documents.
6.01 Bidder eesthat the Work will be substantially complete within 180 calendar days after the date
when the Co , t Times commence to run as provided the General Conditions.
6.02 Bidder is the provisions of the Agreement as to $225 per day liquidated damages in the event
of failure to lete. the Work within the times specified above, which shall be stated in the Agreement.
7.01 The fo wing documents are attached.to and made a condition of this Bid:
A. Re ' ed Bid security in the form of -Si E A
{
B. A tion of Subcontractors, Suppliers [and other] individuals and entities required to be
ide ified in this Bid;
C. R ' fired bidder qualifications statement with supporting data; and
D. (L' other documents as pertinent):
8.01 The to used in this Bid with initial capital letters have the meanings indicated in the instructions
to Bidders, t General Conditions, and the Supplementary Conditions.
S ON ~l ao , 20UBNHTfE Q►k
Of th bove tal Base Bid, $ 00 is for materials actually incorporated in the work,
and go Lpaj, 6b is for all other cost.
If Bidder Is:
dmdv
Name (typed or intecl):
By:
(SEAL).
(Individual's signature)
Doing business, Y
Susiriess~addres
~ ,
• . ,
Fhone No. •
Fax No.
I
A Partners i '
~1 _ r
Partnership
► o~' f~ r f 1G (SEAL)
By.
p~- ~
~
e of general partner -attach evidence of authority to sign) .
(S`ignatur
Name (typed or
i
ted): ~~~1'T lr ~
Business addr
~ o
Lv
.
el ~ gl
Ph
N
: 1~1~~ ~y~
lWo- Fax No
one
o :
.
A Ca orati "
Corporation N
~ ~ ti (SEAL)
State of to
'on:
By:
(S'i ~
e of joint venture partner'- attach evialence of authority to sign)
Name (typed or
inted):
Title:
(Corporate Seal)
Attest
(Signature of Corporate Secretary)
Business addr~
Phone No.-
~ I n.
i
ii
f
f
f
t
L
fR
l~
l.~
A Joint Yen
re
Joint Venturer 14
e• IV'
By:
(Si
Name (typed or
e ofjoint venture partner - attach evidence of authority to sign)
ted)•
Title:
Business adds
Phone No.:
Joint Venturer
Fait No.
e:
By:
Name (typed or,
(Signature - attach evidence of authority to sign)
' ted):
Title:
Business adds
Phone No.:
Phone and Fax ;
Fax No.:
umber, and Address for receipt of official communications:
(Each joint vent `
joint venture sh '
er must `sign. The manner of signing for each individual, partnership and corpora
d be in the manner indicated above.)
VOL ~J7 PAGE 61,) S
00300 - Page 9 of 10
SEAL)
(SEAL)
lion, that is a party to the
f
f
I.
I.
ADDENDUM #1
TC~
2003 WEST 28T" STREET WASTEWATER IMPROVEMENTS
BRAZOS COUNTY
ABEI #1000039
May 18, 2004
1. Sep
Pur
Bryn
Bra
2. Spe
T.V
3. Not
4. Not
Str~
in b
5. Note
~d bids .must be received by 1:30 p.m., May 20, 2004 at the Brazos County
using Department, Brazos County Courthouse, 300 East 26~' Street, Suite 117,
Texas 77803. Bids will be publicly opened and read aloud at 2:00 p.m. in the
~s County Purchasing Department, Brazos County Courthouse.
fication No. 490, Testing for Sanitary Sewage Gravity System, Section 490.06:
nspection shall not be considered a separate pay item and shall be incidental.
~f clarification: T.V. Inspection is required only for the sewer main.
of clarifica#ion: Structural fill is required only for West 28~' Street crossings.
aural fill is not required under driveway crossings. Structural fill shall be included
item 2.15 and bid item 2.16.
of clarification:. Plumbing Permits ($15) are required for each yard piping
action. The contractor shall include these costs in the yard piping connection bid
6. Not ' f clarification: Bid item 2.47 shall include all fees required for the disposal of
sep ~ tank contents.
7. Not ' f clarification: The contractor is .responsible for all fees and insurance required
and the Contractor's Right of Entry Agreement with Union Pacific Railroad for the 16"
3
BROWNS, ,iR.
9
81890 _
taus. ~7
THE AMERICAN INSTITUTE OF ARCHITECTS
11
AIA Document A310
Bid Bond
KNOW ALL M
BY THESE PRESENTS, that we
Elliott Constructs
, Ltd., P.O. Box 510, Wellborn, TX 77845
as Principal, herei
fter called the Principal, and
Fidelity and Guar
ty Insurance Underwriters, Inc.
8144 Walnut Hill L
ane, Suite #440
Dallas, Texas, 752
41-4345 (Here insert full name and address or legal title of Surety)
a corporation duly
ganized under the laws of the State of Wisconsin
as Surety, hereina
r called the Surety, are held and firmly bound unto
County of Brazos
(Here insert full name and address or legal title of Owner)
as Obligee, herein
ter called the Obligee, in the sum of
FIVE PERCE
OF BID AMOUNT Dollars ( 5% )
for the payment of
hich sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heir
executors, administrators, successors and. assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Pr cipal has submitted a bid for (Here insert full name, address and description of project)
TCDP2003 WES 8TH STREET WASTEWATER IMPROVEMENTS
NOW, THEREFORE f the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee,
in accordance with t terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient ety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution theitand , or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay t he Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for w the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be n void, otherwise to remain in full force and effect.
Si ed and sealed is 20th day of May, 2004
i
Elliott Construction, Ltd.
QN'. EIIs.4~Principal)1y%vaget,tr% tU-L l~-s~e~rQ~l (5eal)i11C1'
(Title)
Fidelity and Guaranty Insurance Underwriters, (surety) (seal)
Inc.-
hMAJ., -blW6LO
(Title> Attorney-in-Fact
ALA DOCUMENT A310 -
INSTITUTE OF ARCHIT
Printed on
)ND - ALA ® - FEBRUARY 1970 ED - THE AMERICAN
1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
aper 9/93 ; ~7 o 7
7heStPdul
POWER OF ATTORNEY
1
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Power of Attorney No.
20290
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 2071044
t
KNOW ALL MEN BY
ESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine
urance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of
esota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaran
Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a co
ration duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute a i
d appoint
Donal B61ev. Steve Deal and Staci Gross
Wichita Falls Texas
of the City of ,State ,their true and lawful Attorney(s)-in-Fact,
each in their separate cap ity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other writt instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts d executing or guaranteeing bonds and undertakings rcyuired or permitted in any actions or proceedings allowed by law.
{ 6`h
December 2002
IN WITNESS WHERE IF, the Companies have caused this instniment to he yigied aiid scaled this day of
I '
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
StWiE/ f\RE 6 RM CMS P~ NSV9 'Y. TY"vJ ~q~tTY
Y ~ i 0~.~"Y':4gy I~'`P •..~..~...qy ,s ~,c ~CrV- 4e
* j EORPOR.\)ie..t, i W:'fPRY0P9l~:',: •
1927 t i tt~` i < ►+oRA1FD PETER W. CARMAN, Vice President
O ati~o ~aSEAL,.~ol 4 e`:SEAL,a~(, N 1898 1977 1951
t [F'M1£N~ SG~M: ccc i~;'A»M~ ~ir.._.
_ State of Maryland
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
6th December 2002
On this day of before me, the undersigned officer, personally appeared Peter W. Carman and
j Thomas E. Huibregtse, w acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Compa St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Com y, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that t ey, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themsely s as duly authorized officers.
In Witness Whereof, I hunto set my hand and official seal.
My Commission expires t Ist day of July, 2006.
e~0 NOTARY
m PUBUC
f~
~O
cal REBECCA EASLEY-ONOKALA, Notary Public
9E
„t 18
S7
86203 Rev. 7-2002 Prin din U.S.A.
r -
This Power of Attor
'
is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
i .
Fire and Marine Insuran
Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty In
rance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follow :
RESOLVED, that in
nnection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may
signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with thes
resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by
Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective
esignations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Comp
may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing an
nesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Atton
e
V or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certifie
y such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly art
hed; and
RESOLVED FURT
R, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued their
i
o execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory i
e nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer an
ealed and attested to by the Secretary of the Company.
I, Thomas E. Huibregtse ssistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insura Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do he y certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not be revoked.
IN TESTIMONY WH OF, I hereunto set my hand this 20th day of May 2004
$lNfly~ 'y0.E 6 O0.M IMfG9 ]/pJJpt,lnsyq`'+.tt 4. r`~(Y IIr ~y~~~`~'y' / ~ .
1927 ¢~0 GOR I ~1 s F GONPOFAt~ Oi y~°JD Y V PA J~
{ f ~ metro
s9 # ,:,SEAL o: SEJLL a*' N tlxc Saw B~ ~ 'C9TI.. 'f
m d~- a!J , „ ,p
'~'oar~w'~ ~:„°~MN~E fN•„N, ji Thomas E. Huibregtse, Assistant Secretary
To verify the authentici this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, i
the above-named indivi is and the details of the bond to which the pother is attached.
1.
i
1.
i .
t .
i
J
,
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St Pau Surety St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company St. Paul Medical Liability Insurance Company.
BID BOND
Bond No.
RIDER CONTAINING
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This discl
action is
of the att c
You shot
acts of tE
establish
United S
establish
>ure notice is required by the Terrorism Risk Insurance Act of 2002. No
quired on your part. This Disclosure Notice is incorporated in and a part
hed bond.
know that, effective November 26, 2002, any losses caused by certified
rism would be partially reimbursed by the United States under a formula
by the Terrorism Risk Insurance Act of 2002. Under this formula, the
?s reimburses 90% of covered terrorism losses exceeding the statutorily
deductible paid by the insurance company providing the coverage.
There is cap on our liability to pay for such losses if the aggregate amount of
insured 1 ses under the Act exceeds $100,000,000,000 during the applicable
period for II insured and all insurers combined. In that case, we will not be liable for
the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
`
The porti
0.00.
IMPORT,
CHANGE
SIGNED
SURETY
Signature
of your premium that is attributable to coverage for acts of terrorism is
NT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
N ANY BOND THAT PREMIUM IS CHARGED ANNUALLY.
D SEALED this 20th day of May, 2004.
lity and Guaranty Insurance Underwriters, Inc.
[SEAL]
Gross Attorney-in-Fact
a .,s 57 ~ ~ ~Y. a2 c~
'
C
rr,
In
l
Submitted b
}
t..
Name of Org
j Name of lndi
t
1
CONSTRUCTION CONTRACTOR'S
QUALIFICATION STATEMENT
FOR ENGINEERED CONSTRUCTION
The contents of this statement are CONFIDENTIAL.
_
1
ion ~ I~' .o ~n5k 0S~'I1m, A -
LL
ua1 s) oft"
r Title
1}
Address
!
\C)
l~llb~rn T~ 1 t
Telephone
1.
Cg~a~ 1~~~ -'101 l
r
Submitted t
t
Name
s- O"v4d AA
Address
WE.. L I~
ii
L
Telephone
Cg~g aa- DU
3
(t
00420 -Page l 'of 6
S7 Flv~E_12q~'
Contractor's : eneral Business Information
Check If l
[ } Co tion [yPartnership [ ] Joint Venture [ } Sole Proprietorship
If CorporatiM k:
L .
a. a and State of Incorporation' r
1.
MIA
b. of Executive Officers
L~
Dame Title
L
I
I'
If Pjartnershi
o a. ]
r~
and State of Organization
If Sole
a. Ite and State of Organization
1. Prep
and attach Schedule A that lists major engineered construction projects completed by this l ,
org
Won in the past five (5) years. (If joint venture' list each participant's projects separately). On
Sched
'
A, information on each job should include the following: Name, Location and Description
of eac
'
roject, Owner, Design Engineer, Date Completed, Contract Price, and Reference/Contact l_ .
Inclu
Address and. Phone.
2. Prep
'
and attach Schedule B that lists current projects under construction by this organization, (If
joint)
ture, list each participant's projects separately). On Schedule B, information on each job
shout
;
Jude the following: Name, Location and Description of each project, Owner, Design
Engin
'
r, Contract Price, Amount Completed, Date ofScheduled Completion and Reference/Contact L
Inclu
i
Address and Phone.
,
3. Name
;
L
surety company and name, address, and phone number of agent.
-
4. Is you
C,
rganization a member of a controlled group of corporations as defined in I.R.C. Sec. 1563?
[ j Ye
Mi To
If yes,
`
w names and addresses of affiliated companies.
J
5. Prep
and attach Schedule C that lists details of the construction experience of the principal L
indi '
als ofyour organization directly involved in construction operations. On each individual give
U
00420 - Pae 4 of
i.
i
~i
Name
osition, Date started with this Organization, Date started in Construction, Prior Positions and
i r
Exped
ce in Construction.
6.
Has y
organization ever failed to complete any construction contract awarded to it?
Y
JWNo
r
t
If yes,
escribe circumstances on attachment.
7.
Has
Corporate officer, partner, joint venture participant or proprietor ever failed to complete a
F
constn
tion contract awarded to him or her in their own name or when acting as a principal of
anoth
org
ton?
arnza
Y
{ }
o
F
i
If Yes,
,
4
escn
be circumstances on attachment.
8.
1
In the ~ '
st, five years, has your organization ever, failed to substantially complete a project in a timely
manne?
E}Ye Yea'
RN"o
If Yes '
scribe circumstances on attachment.
9.
Indica `
general types of work performed with your own work force.
[
10.
If req
red, can your organization provide a bid bond for this project? [ ] Yes MINI
11.
What '
our approximate total bonding capacity?
}
500,000 to $2,000,000
}
2,000,000 to $5,000,000
I.
[4~
5,000,000 to $10,000,000
[ } !
10,000,000 or more
J
d
U
00420 - Page 5 of 6
S7
12. Descri, the permanent safety program you maintain within your organization. Use attachment if
neeesst.
w~tw - ra~C v ui v
-ill" a
Own
Des!,
Date
Cont
Cont
P
Date
Cont
Cont
Name:
Home Depot #6559
tion:
Water, Sewer, and Storm Drain Installation
Home Depot
Engineer:
ompleted:
6-23-03
ct Price:
$795,944.73
A Person:
Paul Lowe
White Spunner Construction
2674 Cameron Street
Mobile, AL 36670
(251) 471-5189
Name:
City of Calvert Sewer Improvements
tion:
Replace Sewer Lines
City of Calvert
Engineer:
Pledger Kalkomey, Inc.
mpleted:
05-25-03
t Price:
$221,319.50
t Person:
Steve Duncan
7020 Coyote Run
Bryan, TX 77808
(979) 731-8000
f aa7
Elliott Construction, LTD.
PO BOX 510 WELLBORN, TX 77881
OFFICE (979) 690-7071 FAX (979) 690-7152
SCHEDULE B
TCD
Des
Sch
Con
Con
P
Sch
P
Desi
Sch(
W 28TH STREET WASTEWATER IMPROVEMENTS
Name:
Timber Lane
n:
Bryan, TX
tion:
Water and Sewer Improvements
City of Bryan
Engineer:
City of Bryan Engineering Department
led Completion:
05/04
:t Price:
$1,326,273.60
Person:
Charlene Heath
City of Bryan Engineering Department
P.O. Box 1000
Bryan, TX 77805
(979) 209-5030
Name:
Jones Butler Road
n:
Brazos County, Texas
tion:
Water
Brazos County
Engineer:
Brazos County Road & Bridge
led Completion:
06/04
:t Price:
$140,428.00
Person:
Pat Howard
300 E. 26th Street, #117
Bryan, TX 77803
(979) 361-4293
Name:
University-Lincoln Drive
n:
College Station, Texas
ition:
Sewer Improvements
City of College Station
Engineer:
City of College Station Engineering Department
led Completed:
06/04
:t Price:
$81,157.00
t Person:
Kimberly Carter
City of College Station
P.O. Box 9960
College Station, TX 77840
(979)764-3528
Pro
Desi
Own
Des!
P
Date
Cont
Cont
Name:
Walmart Stockroom Addition
n:
Bryan, Texas
i tion:
Water, Sewer, and Storm Drain Installation
Walmart
Engineer:
Raymond Harris & Associates
f led Completed:
06/04
ct Price:
$97,900.00
t Person:
Barry Wurzel
Wurzel Builders, Inc.
8721 South First Street
Austin, TX 78748
(512) 282-9488
Name:
Main Street Pump Station
n:
Bryan, Texas
i tion:
Water
City of Bryan
Engineer:
City of Bryan Engineering Department
mpleted:
11/04
t Price:
$698,800.00
t Person:
Richard Reynosa
City of Bryan Engineering Department
P.O. Box 1000
Bryan, TX 77805
(979) 209-5030
9
61.57 a
Elliott Construction, LTD.
PO BOX 510 WELLBORN, TX 77881
OFFICE (979) 690-7071 FAX (979) 690-7152
EQUIPMENT AVAILABLE
31
SE Backhoes
41
C Backhoes
41
D Dozers
31
D Dozers
4
Dozers
90
0 Excavators
90
0 Excavator
Br
a Brooms
Mi
i-Excavators
31
SG Backhoes
R T
820 Wackers
M, i
k Dump Trucks
In
rnational Haul Truck
PkGE
P.O. Box 510 (979) 690-7071
Wellborn, TX 77881
M Scott Elliott
Birth Houston, TX
1987-Present Elliott Construction, Ltd. Wellborn, TX
Owner
■ Underground Utility Construction
1985-1987 Tiller Corporation College Station, TX
Superintendent
• Underground Utility Construction
1984-1985 Arrow Road Boring
Superintendent
1981-1984 C.G. & Company
Superintendent
• Underground Utility Construction
A&M Consolidated H.S.
■ Texas A&M Heavy Equipment School
■ Dirt Classification and Shoreing School
VA 57 PAGE 23-1
College Station, TX
College Station, TX
.4
• Robert Earl Stone
9509 Suttun-Ct. Bryan, TX 77802
C G
1983
Pipe
Fore
struction
1986
yer - operator
Arrow oad Boring
1986
Opera r
Tille Corporation
1987
Operator - Pipe layer
Botto Line Construction
1987 1989
Opera r - Pipe Layer
Ellio ' Construction, Inc.
1990 Now
Supervisor
VOL 57 PAGE ~3a
I
l
I'
C
I
I.
I:
I:
I:
I
State of
County of
being first duly sworn, deposes
and says that:
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
(1)
He is I'
of E11i cA+ ('nrd l1C jDn_ the Bidder that has
submil
d the attached Bid;
(2)
He is
informed respecting the preparation and contents of the attached Bid and of all pertinent
circ
ces respecting such Bid;
(3)
Such
d is genuine and is not a collusive or sham Bid;
(4)
Neith
the said Bidder nor any of its officers, partners, owners, agents, representatives, employees
or p
s in interest, including this affidavit, has in any way colluded, conspired, connived or agreed,
direct
or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in
corn ;
ion with the Contract for which the attached Bid has been submitted or to refrain from
biddin
` in connection with such Contract, or has in any manner, directly or indirectly, sought by
agree
nt or collusion or communication or conference with any other Bidder, firm or person to fix
the p
or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost
ele
of the Bid price or the Bid price of any other Bidder, or to secure through any collusion,
consp
acy, connivance or unlawful agreement any advantage against the
(Local Public Agency) or any person interested in the proposed
Con
t; and
(S)
Thep
consx
or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
y, connivance or unlawful agreement on the part of the, Bidder or any of its agents,
Ettives, owners, employees, or parties in int including this affidavit.
Subscribed sworn to me this ~1
day of 20 .
By:
I-' MY Comr
a
i
e
Totary Public a~~`►'y%aa CAROL D. MCCORD°
Notary Public, State of Texas
g y My Commission Expires
expires hiu 4 zw May 13.201
00480 - Page 1 of 2
V0L 5~ PAGI a
NOTICE OF AWARD
To: Elliott
P.O. F
Wellb
Attn:
PROJECT
10
['X 77881
Elliot
Ltd.
TCDP 2003 West 28th Street Wastewater Improvements
The OW] 4, R has considered the BID submitted by you for the above described WORK in response to
its Advertisement for Bids dated May 20, 2004 and Information for Bidders.
You are I ii reby notified that your BID has been accepted for items in the amount of $199,121.00.
You are quired by the Information for Bidders to execute the Agreement and furnish the required
CONTRACT R'S Performance BOND, Payment BOND and certificates of insurance within ten (10)
calendar days om the date of this Notice to you.
If you fa' o execute said Agreement and to furnish said BONDS within ten (10) days from the date of
this Notice, s " OWNER will be entitled to consider all your rights arising out ofthe OWNER'S acceptance
of your BID abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such
other rights a may be granted by law.
You are quired to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated t 5 day of -C,c~. z7
Owner
By: dy Sims
Title: Brazos County Judge
by
By: _
Title:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
;tion, Ltd., this day of
~ h atf
00510 - Page 1 of 2
7 . 34
`V~ V s7
This page was intentionally left blank.
00510 - Page 2 of 2
35
1 A 11, RE
EMENT BETWEEN OWNER AND CONTRACTOR
} ON THE BASIS OF A STIPULATED PRICE
THIS AG MENT is by and between Brazos County, Texas (hereinafter called OWNER) and
Elliott Const ction, Ltd. (hereinafter called CONTRACTOR).
OWNER anONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1 WORK
1.01 CON ?-ACTOR shall complete all Work
as specified or indicated in the Contract Documents. The
Work is gene lly described as follows:
l
The c truction of 3,279 LF of wastewater main and associated work, including the installation of
manh s, a bore and steel encasement, and installation of yard piping.
.l
ARTICLE 2 ~JTHE PROJECT
2.01 The Pi ~ ject for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
TCDP 003 West 28'h Street Wastewater Improvements
l ARTICLE 3 ENGINEER
i 3.01 The P 'ect has been designed by McClure & Browne Engineering/Surveying, Inc. who is hereinafter
called ENG ER and who is to act as OWNER's representative, assume all duties and responsibilities, and
1 have the right and authority assigned to ENGINEER in the Contract Documents in connection with the
completion o e Work in accordance with the Contract Documents.
l
ARTICLE 4 CONTRACT TIMES
4.01 Time the Essence
3
A. All e limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment stated in the Contract Documents are of the essence regarding this Contract.
r
00520 - Page 1 of 8
' f
f
. 1
3
y 57
4.02 Days 19 Achieve Substantial Completion and Final Payment
A. T Work will be substantially completed and ready for final payment within the days shown in
the Bid Sche e after the date when the Contract Times commence to run as provided in paragraph 2.03
of the Genera Conditions.
4.03 Liquic#ed Damages
A. C TRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will ffer financial loss if the Work is not completed within the time specified in paragraph 4.02
above, plus extensions thereof allowed in accordance with Article 12 of the General Conditions. The
parties also r ognize the delays, expense, and difficulties involved in proving in a legal or arbitration
proceeding the ctual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead
of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as a penal CONTRACTOR shall pay OWNER the amount shown in the Bid Schedule for each day
that expires after the time specified in paragraph 4.02 above.
ARTICLE 5 PCONTRACT PRICE
5.01 OWN shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents amount in current funds equal to the sum of the amounts determined pursuant to the
following:
For alli'Vork, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
ARTICLE 6 } PAYMENT PROCEDURES
6.01 Submi4471 and Processing of Payments
A. C TRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Cond ons. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
6.02 Progrd* Payments, Retainage
A. O ER shall make progress payments on account of the Contract Price on the basis of
CONTRACT 's Applications for Payment each month during performance ofthe Work All such payments
will be meal by the schedule of values established in paragraph 2.07.A of the General Conditions.
B. Th OWNER shall retain 10% of the amount of each payment until final completion and
acceptance of work covered by the Contract Documents. When the work is substantially complete, the
retained amo may be reduced to 5%, at the OWNER's discretion.
00520 - Page 2 of 8
S
/
'r A, L
3
. T-
? 6.03 Final
A. U n final completion and acceptance of the Work in accordance with paragraph 14.07 of the
General Cond ons, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER
as provided i aid paragraph 14.07.
ARTICLE 7
7.01 If the ontact Amount of this Contract is less than $400,000, no interest will be paid to the
CONTRACT on retained money. When the Contract Amount exceeds $400,000, no interest will be paid
unless require, I by law.
ARTICLE 8 PCONTRACTOR'S REPRESENTATIONS
8.01 In ord" to induce OWNER to enter into this Agreement CONTRACTOR makes the following
A. C TRACTOR has examined and carefully studied the Contract Documents and the other
related data i tified in the Bidding Documents.
B. Cq~TRACTOR has visited the Site and become familiar with and is satisfied as to the general,
local, and Sit d. conditions that may affect cost, progress, and performance of the Work.
C. CTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations t t may affect cost, progress, and performance of the Work.
D. C TRACTOR has carefully studied all (if any): (1) reports of explorations and tests of
subsurface co itions at or contiguous to the Site and all drawings of physical conditions in or relating to
existing surfa or subsurface structures at or contiguous to the Site (except Underground Facilities) which
have been idi -1 tified in the Supplementary Conditions as provided in paragraph 4.02 of the General
Conditions an 1 (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which
has been ident ed in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
E. C TRACTOR has obtained and carefully studied (or assumes responsibility for having done
so) all additi 1 or supplementary examinations, investigations, explorations, tests, studies, and data
concerning c ditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which
may affect co progress, or performance of the Work or which relate to any aspect of the means, methods,
techniques, s uences, and procedures of construction to be employed by CONTRACTOR, including
applying the ecific means, methods, techniques, sequences, and procedures of construction, if any,
expressly req ' ed by the Contract Documents to be employed by CONTRACTOR, and safety precautions
and nroarams cident thereto.
F. C TRACTOR does not consider that any further examinations, investigations, explorations,
tests, studies, Or data are necessary for the performance of the Work at the Contract Price, within the
00520 - Page 3 of 8
v7 38
Contract Tim % and in accordance with the other terms and conditions of the Contract Documents.
G. C 14TRACTOR is aware of the general nature of work to be performed by OWNER and others
at the Site tha elates to the Work as indicated in the Contract Documents.
H. CC I TRACTOR has correlated the information known to CONTRACTOR, information and
observations aired from visits to the Site, reports and drawings identified in the Contract Documents, and
all additional a miinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. C TRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies t CONTRACTOR has discovered in the Contract Documents, and the written resolution
thereof by EN WEER is acceptable to CONTRACTOR.
J. T Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditio or performance and furnishing of the Work.
ARTICLE 9 ONTRACT DOCUMENTS
9.01 Contents
A. T Contract Documents consist of the following:
1. This Agreement
2. CONTRACTOR'S Bid and Bid Schedule, Advertisement, and Information or Instruction to
3. otice of Award
4. erformance Bond
5. ayment Bond
6. eneral Conditions
7. upplementary Conditions
8. echnical Specifications;
9. rawings consisting of sheets numbered 1 through 6 inclusive, with each sheet bearing the
olloming general title: TCDP 2003 West 28' Street Wastewater Improvements
10 ~ddenda (number 1 inclusive);
00520 - Page 4 of 8
VOL 67 PAGE a3~
III
B. T1
noted above).
C. T1
D. T
paragraph 3.o
following which may be delivered or issued on or after the Effective Date of the
ement and are not attached hereto:
Written Amendments;
Change Order(s):
Other documents amending, modifying, or supplementing the Contract Documents
pursuant to the General Conditions.
0 documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly
are no Contract Documents other than those listed above in this Article 9.
Contract Documents may only be amended, modified or supplemented as provided in
of the General Conditions.
ARTICLE 10 ~ MISCELLANEOUS
10.01 Ti
A. T
10.02
A. N
on another p,
without limit,
consent (exce
stated to the
assignor fron
10.03
used in this Agreement will have the meanings indicated in the General Conditions.
of Contract
ssignment by a party hereto of any rights under or interests in the Contract will be binding
i hereto without the written consent of the party sought to be bound; and, specifically but
,n, moneys that may become due and moneys that are due may not be assigned without such
to the extent that the effect of this restriction may be limited by law), and unless specifically
itrary in any written consent to an assignment, no assignment will release or discharge the
iy duty or responsibility under the Contract Documents.
"s and Assigns
A. O R and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representative to the other party hereto, its partners, successors, assigns, and legal representatives in respect
to all covenant;, agreements, and obligations contained in the Contract Documents.
10.04 Sever ility
A. provision or part ofthe Contract Documents held to be void or unenforceable under any Law
or Regulation hall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon OWNE and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace
such stricken ovision or part thereof with a valid and enforceable provision that comes as close as possible
00520 - Page 5 of 8
` a~~-
to expressing
10.05 Other
None.
IN WITNES
One counter
the Contract
on their beh,
This Agreen
Agreement).
intention of the stricken provision.
HEREOF, OWNER and CONTRACTOR have signed this Agreement in multiple copies.
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of
uments have been signed or identified by OWNER and CONTRACTOR or by ENGINEER
will be effective on
(which is the Effective Date of the
00520 - Page 6 of 8
C241
SIGNATURE PAGE
OWNER:
Brazos G
By: Z'
IT
Judge
Attest '
Address for g g notices:
Brazos Count Purchasing Department
300 E. 26"' St et, Suite 117
Bryan, Texas 803
(If OWNER ' corporation, attach evidence of
authority to s n. If OWNER is a public body,
attach eviden of authority to sign and resolution
or other do ments authorizing execution of
OWNER-CO RACTOR Agreement.)
Designated RE
Name: Chad I
Title: Projec
Address: M4
10
Cc
resentative:
Mallett, E.I.T.
Manager
lure & Browne Eng./Surv., Inc.
Woodcreek Drive, Suite 103
ege Station, Texas 77845
Phone: (979) 3-3838
Fax: (979) 3-2554
CONTRACTOR:
Efliyott Co ruction, Ltd. q / 1
,6'Y' Scott e~~fio k>A-'j c-h-L.•~+t~`J (9 P.h @I /dYr~Y~, e.r^
.71
By:
resident, ott Construction, Ltd.
Attest
Address for giving notices:
Elliott Construction, Ltd.
PO Box 510
Wellborn, Texas77881
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
Designated Representative:
Name: Scott Elliott
Title: President
Address: Elliott Construction, Ltd.
PO Box 510
Wellborn, Texas77881
Phone: (979) 690-7071
Fax: (979) 690-7152
00520 - Page 7 of 8
This area was intentionally left blank.
00520 - Page 8 of 8
`7~`f.
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
WITH UNION PACIFIC RAILROAD COMPANY
I
00525 - Page I of 18
t~~ 44
March 22, 004
Folder No 2236-14
To the Co#itractor:
Before th ailroad Company can permit you to perform work on its right-of-way for the installation of a
pipeline c ssing for CITY OF BRYAN, it will be necessary to complete the enclosed Contractor's Right
of Entry eement as follows:
1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the
Contractor's Right of Entry Agreement. If a corporation, give the state of incorporation.
If a partnership, give the names of all partners.
2.11 Fill in the date construction will begin and be completed in Article VI, Paragraph A.
3. Fill in the name of the contractor in the space provided in the signature block at the end
of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the
person signing on its behalf must be an elected corporate officer.
4 Return all copies of the Contractor's Right of Entry Agreement, together with your
l Certificate of Insurance, identifying Folder No. 2236-14, as required in Exhibit B-1, in
I the attached self-addressed envelope.
5 Check, with Folder No. 2236-14 written on the front, made payable to the Union
Pacific Railroad Company in the amount of FIVE HUNDRED DOLLARS ($500.00).
If you require formal billing, you may consider this letter as a formal bill. In compliance
with the Internal Revenue Service's policy regarding their Form 1099, I certify that 94-
6001323 is the Railroad Company's Federal Taxpayer Identification Number and that is
doing business as a corporation
6 Under Exhibit B-1 of the enclosed Contractor's Right of Entry Agreement, you are
required to procure Railroad Protective Liability Insurance (RPLI) for the duration of this
project. As a service to you, Union Pacific is making this coverage available to you.
You are not required to purchase this coverage from the Railroad and are encouraged to
shop the market for the best available rate. If you decide, however, that acquirin`' this
coverage from the Railroad is of benefit to you, simply follow the instructions on the
enclosed form.
Real Estate
00525 - Pam J, XUtrRAILROAD
0~ ~j~n Street, Omaha, Nebraska 68102
fx. (402) 997-3601
After ap oval of the Contractor's Right of Entry Agreement and the Insurance Certificate, your fully-
executed ocument will be returned to you, with instructions to proceed. In no event should you begin
work unt 1' you have received a copy of the signed Contractor's Right of Entry Agreement.
If you have any questions, please contact me at (402) 997-3536.
Yours t ,
oan M. eble
Manager ontracts
00525 - Page 4 of 18
,zoi
57 (v
,I
1
r
{
t
1
REQUESTS FOR
APPLICATION FORM
RAILROAD PROTECTIVE LIABILITY INSURANCE
($2,000,000 per occurrence/$6,000,000 aggregate)
plications forms for inclusion in the Railroad's Blanket Railroad Protective Liability Insurance
Policy m be obtained from Union Pacific's web page at:
www.upr-,r,om/reus/group/rrinsure
or by ling: Nancy Savage at (402) 271-2215 and requesting that a copy of the application form be
mailed to you by the Railroad's Insurance Carrier.
00525 Page 5 of 18
This page was intentionally left blank.
00525 - Page 6 of 18
mw
PL X&E R940201
Form ADDC d. AVP-Law
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
S AGREEMENT is made and entered into as of the day of , 20 ,
by and be een UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the
"Railroad" and , a
cot poration/partnership, whose address is
the "Contractor")
RECITALS:
Folder No. 2236-14
T 1I Contractor has been employed by CITY OF BRYAN for the purpose of constructing only a
8.40" san try sewer pipeline crossing (hereinafter "work") on and across property of the Railroad at or
near Mile osts 80.86, Navasota Subdivision near Bryan, Brazos County, Texas.
Contractor has requested the Railroad to permit it to perform the work and Railroad is
agreeable ereto, subject to the following terms and conditions. .
THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as
Article H RIGHT GRANTED; PURPOSE.
follows:
Article L DEFINITION OF CONTRACTOR.
F( 1 purposes of this Agreement, all references in this Agreement to the Contractor shall include
the Contr 'tor's contractors, subcontractors, officers, agents and employees, and others acting under its or
their auth 'ty.
. Railroad hereby grants to the Contractor the right, during the term hereinafter stated and
upon and bject to each and all of the terms, provisions and conditions herein contained, to enter upon
and have gress to and egress from the property described in the Recitals hereof and as shown oil the
attached nt dated March 05, 2004, marked Exhibit A, for the purpose of performing the work described
in the Re ' is above. The right herein granted to Contractor is limited to those portions of the Railroad's
property s cifically described herein, or designated by the Railroad representative named in Article V.
Article II TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND .B-1.
erms and conditions contained in Exhibits B and B-1, hereto attached, are hereby made a
~greement.
part of thi 00525 - Page 7 of 18
A 4,
Article 117. ADMINISTRATIVE FEE.
plicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement
for cleri 1, administrative and handling expense in connection with the processing of this Agreement.
Article ALL EXPENSES TO BE BORNE BY CONTRACTOR;
RAILROAD REPRESENTATIVE.
e Contractor shall bear any and all costs and expenses associated with any work performed I
the Cont ctor, or any costs or expenses incurred by the Railroad relating to this geement. All work
perform by Contractor on Railroad's property shall be performed in a manner satisfactory to the
respecti local Superintendent of Transportation Services of the Railroad or his authorized representative
(hereinafter the "Railroad Representative").
Article TERM; TERMINATION.
The grant of right herein made to Contractor shall commence on , and
continue til , unless sooner terminated as herein provided, or at such time as
Contract has completed its work on Railroad's property, whichever is earlier. Contractor agrees to
notify the Railroad Representative in writing when it has completed its work on Railroad property.
This Agreement may be terminated by either party on ten (10) days' written notice to the
other Dar
ArticleVII. CERTIFICATE OF INSURANCE. .
Before commencing any work, the Contractor will provide the Railroad with a Certificate,
identifyi Folder No. 2236-14, issued by its insurance carrier providing the insurance coverage required
pursuant Exhibit B-1 of this Agreement in a policy which contains the following type of endorsement. i
UNION PACIFIC RAILROAD COMPANY is named as additional insured with respect `
to all liabilities arising out of Insured's, as Contractor, performance of any x\--orl< un the
property of the Railroad.
B Contractor warrants that this Agreement has been thoroughly reviewed by its insurance
agent(s) key(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and
an endorsement as required herein.
C All insurance correspondence shall be directed to: Folder No. 2236-14, Union Pacific
Railroad mpany, Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102.
Article I. CHOICE OF FORUM.
L 'gation arising out of or connected with this Agreement may be instituted and maintained in ?
the courts f the States of Nebraska and Texas only, and the parties consent to jurisdiction over their
person an over the subject matter of any such litigation, in those courts, and consent to service of process
issued by ch courts.
W515 _ PAaP R of 1 R
A50
WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as
of the da first herein written.
UNION
By: _
J
RAILROAD COMPANY
Preble
eer Contracts
(Contractor Name)
By
Name:
Title:
Telephone:
Fax:
00525 Page- 9 of 18
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