HomeMy WebLinkAbout2005-11-15-6:00PM-REGULARBRAZOS COUNTY
BRYAN. TEXAS
NOTICE OF MEETING
AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 15 NOVEMBER 2005 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS
CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance- Commissioners Wassermann
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 -18:
3. Budget Amendment 04/05-7.1 thru 04/05-7.3.
4. Personnel Change of Status.
5. Payment of Claims.
6. Proposed Brazos Center clean-up pay rate for part-time temporary staff (previously
tabled.
7. Presentation of the proposed Tax Increment Reinvestment Zone No. 19, and discussion
and consideration of waiving the required 60 day's notice of the public hearing to be held
on 22 November 2005 by the City of Bryan regarding the proposed TIRZ No. 19 as
allowed under Tax Code Section 311.003(e).
8. Proposed agreement between Brazos County and Readfield Meats, Inc. for Development
and Tax Abatement in Reinvestment Zone Number 18.
9. Permission for the presiding judges of the administrative judicial regions in Texas to
designate Brazos County as host county for the East Texas Cluster Court, effective
January 1, 2006.
Office of the County Judge . 300 East 26'" St. . Suite 114 • Bryan. Texas 77803 . Fax: (979) 361-0503
110 L.14' PAGE) (0 1
Commissioners Court Agenda
15 November 2005
Page 2
10. Adoption of a Family Protection Fee of $30.00 to be collected by the Brazos County
District Clerk in each suit filed for dissolution of a marriage under Chapter 6 of the
Family Code except where statutory requirements for an exemption exist, effective
January 1, 2006.
11. Order #05-010 providing for extension of the 900 Hour Rule for enrollment in the Texas
County & District Retirement System.
12. Professional Services Agreement with Aporia Solutions for the review and updating of
Brazos County's Information Technology and Security policies and procedures and other
related material.
13. Tax Refund Applications for the following:
a. John E. & Ethel M. Bunton
b. Marilyn Jeske
c. Rowena Johnson
d. Travis Smith & Lisa Camarillo
William Steven Steele, Trustee
14. Request from Archie Clark, Precinct 1 Constable, for permission to appoint Phillip Luster
as a full-time non-paid Deputy.
15. Request from Donald Lampo, Precinct 2 Constable, for permission to appoint James
Ward Carter as a non-paid Deputy.
16. Contract between Brazos County and Hunt Construction Group, Inc. for construction
manager services.
17. Capital purchase of a water truck for the Road & Bridge Department (requisitions
#00006793 and 00006796).
18. Payment authorization in the amount of $3,381.79 for attorney's fees associated with a
lawsuit filed against the Brazos County Bail Bond Board.
19. Acknowledgement of the Investment Report for the quarter ending 9/30/2005.
20. Announcement of interest items and possible firture agenda topics.
21. Call for citizen input and/or concerns.
22. Agency / Board / Committee reports by Court members.
23. Adjourn
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
V i
COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 15, 2005
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos Center 3232 Briarcrest
Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m.
on Tuesday, November 15, 2005 with the following members of
the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Wassermann gave the invocation and led the
pledge of allegiance.
Under citizen input/and or concerns, the following spoke:
Judge J. D. Langley, 85th District Court
Wanted to bring to the Court's attention a
meeting at noon, on Tuesday, November 22, 2005
with the District Clerk and Community
Supervision to discuss fines and court costs.
He said there was room for improvement and
this must be promptly submitted to the Office
of Court Administration. He asked for ideas
about the direction the Court wants to take in
this matter. The County Judge said the
challenge is the Justices of the Peace do not
want to turn loose of collection. Judge
Langley said he has discussed this with
Justice of the Peace, Precinct 3, George
VOL 74 PAGE /0
Commissioners Court meeting November 15, 2005 2
Boyett and Judge Boyett thinks it would be
best to have an outside source do this. The
County Judge stated that the District Clerk
has volunteered to take it on. More
discussion is needed if the District Clerk
does indeed assume this responsibility, it
will take additional employees versus farming
it out.
The Court next considered Budget Amendment #05/06-7.1
through 7.3, which would reallocate funds for Commissioners
Court, County Attorney and increase the budget for Emergency
Management. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is
attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the change of status as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7012818 through 7012833
and 7013079 through 7013336
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
Vol q q Page 16
Commissioners Court meeting November 15, 2005 3
The next matter before the Court was the proposed Brazos
Center clean-up pat rate for part-time temporary staff. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to remove this item from
the agenda.
The Court next heard a presentation by Chris Peterson,
Attorney for Burton Creek Development, Ltd., on the proposed
Tax Reinvestment Increment Zone #19, and a request to waive
the required 60 days notice of public hearing. Mr. Peterson
gave an overview of the project and stated that the statute
allows for waiving the requirement for the 60 days notice of
public hearing also stating that it has been done before.
Speaking with Mr. Peterson was Paul Leventis, PE., Bleyl
Engineering and David Story, City of Bryan Economic
Development. On motion by Commissioner Mallard, seconded by
Commissioner Peters, the Court voted unanimously to waive the
required 60 days notice of public hearing.
The Court next considered a Tax Abatement Agreement
between Brazos County and Ruffino Meats & Food Service. Bob
Malaise of the Research Valley Partnership explained that the
City Council of the City of Bryan established Reinvestment
Zone Number Eighteen (18) as authorized by Chapter 312, Texas
Tax Code. The exemption shall exempt the value of the land,
Vol '14 Page 106
Commissioners Court meeting November 15, 2005 q
buildings and the other permanent improvements. Under the
conditions of the abatement the following rates shall be in
effect for the following years:
Year % of Abatement
2006
700
2007
50%
2008
30%
2009
20%
2010
10%
On motion by the County Judge, seconded by Commissioner
Cauley, the Court voted unanimously to grant the tax abatement
to Ruffino Meats and Food Service. A copy is attached.
The next matter before the Court was accepting the
designation of Brazos County as the host county for the East
Texas Cluster Court by the Presiding Judges of the
Administrative Judicial Regions in Texas. The current host
county is Montgomery County. With the resignation of Judge
Van Stovall, and the appointment of the Hon. Jo Ann Ottis who
resides in Brazos County, the presiding judges would like to
designate Brazos County as the host county. On motion by the
County Judge, seconded by Commissioner Cauley, the Court voted
unanimously to accept the designation of host-county for the
East Texas Cluster Court.
The Court next considered setting the fee to be collected
by the District Clerk in each suit filed for dissolution of a
Vol 14 Page 1
Commissioners Court meeting November 15, 2005 5
marriage under Chapter 6 of the Family Code unless the person
meets the statutory requirements for exemption. The fee
amount is not to exceed $30.00. Half of the fee will be
remitted to the comptroller and the remaining half is to be
used by the Commissioners Court to fund a services provider
that provides services described as "family violence and child
abuse prevention, intervention, family strengthening, mental
health, counseling, legal, and marriage preservation services
to families that are at risk of experiencing or that have
experienced family violence or abuse or neglect of a child."
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to set the amount to be
collected at $30.00 per filing.
The next matter before the Court was to consider adoption
of an Order for the extension of the 900 hour rule for Texas
County and District Retirement System (TCDRS) enrollment.
Beginning with the first pay period on or after January 1,
2007, the county shall exclude from membership in TCDRS as a
class those persons who fill a non-temporary position or
office Brazos County on in a Community Supervision and
Corrections Department participating through the County that
normally requires services from the person for less than 900
hours per year. On motion by Commissioner Peters, seconded by
I
Vol 74 Page
Commissioners Court meeting November 15, 2005 6
Commissioner Wassermann, the Court voted unanimously to adopt
Order Number 05-010 for the extension of the 900 hour rule for
Texas County and District Retirement System enrollment. A
copy of the Order is attached hereto.
The Court next considered entering into agreement with
Aporia Solutions to update Brazos County's Information
Technology and Security Policies and procedures. Cost of
the service is not expected to exceed $4,000.00. On motion by
Commissioner Cauley, seconded by Commissioner Mallard, the
Court voted unanimously to enter into agreement with Aporia
Solutions and authorized the County Judge to execute the
Agreement on behalf of Brazos County. A copy of the Agreement
is attached.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a) John E. & Ethel M. Bunton, Over Payment $7.00
b) Marilyn Jeske, Over Payment $159.36
c) Rowena Johnson, Over Payment $100.00
d) Travis Smith & Lisa Camarillo, Over Payment
$1,319.47
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The Court next considered a request from Constable
Vol 7Page
Commissioners Court meeting November 15, 2005 7
Precinct 1, Archie Clark, to appoint Phillip Luster, as a non-
paid Deputy Constable. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the request from Constable Clark to appoint Phillip
Luster as a non-paid Deputy Constable subject, to appointment
being within the allotted number of deputies.
The Court next considered a request from Constable
Precinct 2, Donald Lampo, to appoint James Ward Carter, as a
non-paid Deputy Constable. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the request from Constable Lampo to
appoint James Ward Carter as a non-paid Deputy Constable
subject, to appointment being within the allotted number of
deputies.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Hunt
Construction for Construction Manager Services. The
construction Manager fee is established at 3.7% of the total
project construction amount. On motion by Commissioner
Peters, seconded by Commissioner Cauley, the Court voted
unanimously to enter into contractual agreement with Hunt
Construction. A copy of the contractual agreement is
attached.
Vol -74 Page / 69
Commissioners Court meeting November 15, 2005 8
The Court next considered approval of requisitions
#0006793 and 0006796, capital purchase of a water truck for
the Road and Bridge Department. Two requisitions are
necessary because the cost exceeded the budgeted amount by
$2,816.00. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the two requisitions.
The next matter before the Court was approval of a
payment authorization in the amount of $3,381.79. These are
attorney's fees associated with the lawsuit filed against the
Bail Bond Board by Sonny Ellen, Cause No. 04-03202-CV-85. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the payment
authorization.
The Court acknowledged receipt of and ordered filed as
submitted the Treasurer's Quarter Ending September 30, 2005
Investment Report. A copy is attached to and made a part of
these minutes.
There were no announcements of interest items and possible
future agenda topics.
There was no citizen input and/or concerns.
Under Agency/Board/Committee reports by Court members,
the following spoke:
Vol 7A Page I70
Commissioners Court meeting November 15, 2005
Commissioner Mallard
a) At the IGC meeting held yesterday, two
items of discussion were Wayfinding and
EOC operations. They were told that
Wayfinding signage and such would cost
between $350,000 and $700,000.
Commissioner Peters
a) He and the County Judge went to the
Extension banquet and he congratulated the
County Judge on being given the Friends of
Extension award.
There being no further business to come before the
Court, the meeting was adjourned.
9
Vol 74 Page
The foregoing minutes of the Commissioners Court meeting held
November 15, 2005 have been examined and are approved in open
Court this the J'~ day of n 2006, in Bryan,
Duane Peters
Commissioner, Precinct 2
grey C uley, Jr.
Commiss oner, Precin t 4
Attest:
C4i 4c
a en McQueen
County Clerk
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Malla d
Commissione Precinct
Brazos County, Texas.
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VOIL U PAGE I'7q
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR
NO. 05/06-7.1 thru 05/06-7.3
On this the 15cn day of November 2005 at a regular meeting of the Commissioners' Court, the
following members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 15 November 2005 the Court heard and approved a budget amendment for the
2004-2005 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 20 September 2005, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 15'h day of November 2005.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
llElt~``~, PAGE 115
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 7.1
11/15/2005
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11000100
51610000
CR
Hourly - Staff
3,520.00
0100
11000100
51640000
CR
Hourly - Temporary
1,296.00
0100
11000100
52500000
DR
Employment Services
4,816.00
Commissioners Court:
To reallocate funds to support employment services.
VON PAGE IWO
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 7.2
11/15/2005
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
18000100
60500000
DR
Office Equipment
935.00
0100
18000100
59100000
CR
DDEA
935.00
I_ I County Attorney - To move funds to allow for the purchase of phones with caller id.
110iJI, pkGE 177
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 7.3
11/15/2005
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
48035200
35500005
CR
FEMA -Hurricane Katrina
100,000.00
0100
35500100
61450000
35500005
DR
Misc. Expenditures
100,000.00
IEmergency Management - To increase the budget for revenues and expenditures
for the anticipated costs for the housing voucher syste.
VO -74,. PACE 1 7 g
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: November 15, 2005
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on g
Department Submitting Employee Request Action Requested
Request(s) Applies To
Basic Supervision
Broecker, Rebecca
Transfer to Another
Dept.
Brazos Center
Medina, Julian
Woods, David
New Hire
New Hire
District Attorney
Jones, Michael
Transfer to Another
Dept.
Juvenile - TYC Parole
Brasher, Jean
New Hire
Sheriff's Office
Kindell, Fred
Budget Increase
SO/Jail
Aldridge, Patricia
New Hire
Ostiguin, Jesse
Transfer within Dept.
Miller, Benjamin
Transfer within Dept.
Approved in Commissioners' Court:
County Judge's or Commissioner's S
(This Copy to be attached to minutes;
AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT IN REINVESTMENT ZONE NUMBER EIGHTEEN (18)
COMMERCIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF BRAZOS
This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political
subdivision of the State of Texas, acting herein by and through its duly elected Commissioners
Court, (hereinafter referred to as "COUNTY"), and READFIELD MEATS, ,INC., a Texas
Corporation, d/b/a RUFFINO MEATS & FOOD SERVICE (hereinafter referred to as
"OWNER").
WITNESSETH:
WHEREAS, the City Council of the City of Bryan, Texas, adopted an ordinance on
S*pkww1&*c al , 2005 establishing Reinvestment Zone Number Eighteen (18) for Commercial
Tax Abatement, City of Bryan, Brazos County, Texas (hereinafter referred to as "Zone") as
authorized by CHAPTER 312, Texas TAX CODE.
Now, therefore, in order to provide for the proper development of property in the Zone and
to aid in the conduct of the operation thereof to the best interest of BRAZOS COUNTY, Texas, in
accordance with the above-referenced ordinances and statute, the parties do mutually agree as
follows:
1. The real property on which the real property improvement, personal property and
equipment to be abated pursuant to this Agreement will be situated is a tract of land consisting of
approximately 0.5507 acre of land described as Lot 3, Block One, Ruffin Subdivision, recorded in
Volume 4233, Page 139, of the Official Records of Brazos County, Texas (herein the "Property").
The Property and all improvements constructed thereon will be hereinafter referred to as "the
Premises".
2. All of the following obligations of OWNER form the consideration for COUNTY
entering into this Agreement:
a. OWNER's construction of an approximate 13,000 square feet addition to its
current facility as industrial space (real property improvements) with a value of at least
$984,217.00 on the Property, as described by listing or by site plan on Exhibit "A" to this
Agreement, on or before December 31 2007.
b. OWNER's adding and maintaining additional employees and new annual gross
payroll and cumulative payroll as follows:
i. two (2) additional employees in 2005 and an additional $66,667.00 in new gross
annual payroll for an additional cumulative gross payroll of $66,667.00:
ii. two (2) additional employees in 2006 and an additional $66,667.00 in new gross
annual payroll for an additional cumulative gross payroll of $133,333.00;
iii. two (2) additional employees in 2007 and an additional $66,667.00 in new gross
annual payroll for an additional cumulative gross payroll of $200,000.00;
vot 74 r(.
t
iv. three (3) additional employees in 2008 and an additional $100,000.00 in new gross
annual payroll for an additional cumulative gross payroll of $300,000.00; and
v. three (3) additional employees in 2009 and an additional $100,000.00 in new gross
annual payroll for an additional cumulative gross payroll of $400,000.00.
C. Owner's commitment to add at least $209,283.00 in equipment and personal
property to the Premises by December 31, 2006. A schedule of equipment and personal
property is attached hereto as Exhibit "B" and made a part hereof for all purposes.
3. OWNER agrees to construct all improvements in accordance with all applicable
laws, ordinances, codes, rules, requirements or regulations of BRAZOS COUNTY, Brazos
County, the State of Texas, and the United States, and any subdivision, agency or authority
thereof in effect at the time of development.
4. OWNER agrees that the site plan, exterior design drawings, specifications and
materials (hereinafter referred to as "Plans") for each improvement will be submitted to COUNTY,
and/or its designated representative, for approval, which Plans are incorporated herein for all
purposes. An official set of Plans will be designated by the OWNER and kept on file with the
COUNTY.
5. OWNER shall keep the Premises insured against loss or damage by fire or any
other casualty at full replacement value by purchasing insurance or through a self-insurance
program. OWNER shall furnish BRAZOS COUNTY's Risk Manager with either a certificate of
insurance or satisfactory documentation of its self-insurance program.
6. OWNER shall submit written notice to COUNTY within ninety (90) days after
the Premises are materially damaged by fire or any other casualty. The notice shall either set
forth the dates OWNER will commence and complete the repair, remodeling or renovation of the
damaged Premises or state that OWNER will not undertake such repair, remodeling or
renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or
renovation of the damaged Premises, or if OWNER fails to complete the repair, remodeling or
renovation by the completion date set forth in OWNER's notice to COUNTY, then COUNTY
shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax
revenue COUNTY has lost as a result of this Agreement as required by §312.205(a)(4), Texas
Property Tax Code.
7. OWNER agrees to provide COUNTY and its designees access to the Premises
during regular business hours throughout the term of this Agreement for the purposes of
inspection and examination of books, records, construction, workmanship, materials, and
installations to determine that OWNER has complied with any requirement of this Agreement.
8. OWNER agrees to limit the use of the Premises consistent with the general
purpose of encouraging development or redevelopment within Reinvestment Zone No. 18 while
partial abatement of ad valorem taxes is in effect pursuant to this Agreement.
9. OWNER represents and warrants that no member of the Brazos County
Commissioners Court has an interest in the Premises and that the same are not owned or leased
by any member of the Brazos County Commissioners Court.
10. OWNER agrees that COUNTY assumes no liability or responsibility by
approving plans or making inspections in the event there is a defect in the improvements
2 ~y
constructed on the Premises. The relationship between COUNTY, OWNER, and any taxing unit
shall not be deemed to be a partnership or joint venture for purposes of this Agreement.
11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees,
officials, and agents from and against any and all obligations, claims, suits, demands and liability
or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements
and related expenses arising in any manner from OWNER's construction, use and operation of
the Premises, provided, however, that OWNER shall not be required to indemnify and hold
COUNTY harmless for injury or harm caused by COUNTY's negligence or willful misconduct.
12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated
pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or
assessments becoming delinquent. OWNER shall have the right to contest in good faith the
validity or application of any such tax or assessment and shall not be considered in default
hereunder so long as such contest is diligently pursued to completion. In the event that OWNER
contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to
City prior to delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and
keep COUNTY informed of the status of such contest. Should OWNER be unsuccessful in any
such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom.
13. OWNER agrees that a default occurs if: (i) OWNER does not maintain the
Premises in good condition, wear and tear excepted; (ii) OWNER fails to repair, remodel or
renovate any material damage or destruction of the Premises as provided for in Section 6 above;
(iii) OWNER fails to use the Premises for the purposes contemplated by this Agreement or
allows the same to become vacant; (iv) OWNER does not pay all non-abated taxes in the manner
required by Section 12 hereof; (v) OWNER fails to comply with all applicable statutes,
administrative regulations, or ordinances of the United States, the State of Texas and/or
BRAZOS COUNTY governing the operations or maintenance of the Premises or the conduct of
OWNER's business in Bryan, Texas; (vi) OWNER fails to perform its obligations under Section
2a. and 2c. of this Agreement on or before December 31, 2007 and December 31, 2006
respectively; or (vii) OWNER failing to maintain an additional gross annual payroll and
additional cumulative gross payroll in any calendar year as provided in Section 2b. of this
Agreement; (viii) OWNER fails to comply with any other duty or obligation arising under this
Agreement. COUNTY shall notify OWNER in writing of such default, and OWNER shall
have thirty (30) days after receipt of such written notice, to cure any default, if the default can be
cured. If OWNER fails to cure such default, or if OWNER's default can not be cured,
COUNTY may, at COUNTY's sole option (except as to a default defined in (ii) above, which
shall be governed by Section 6 of this Agreement) require OWNER to pay the current year's
taxes in full or COUNTY may terminate this Agreement and recapture from OWNER a sum of
money equal to all of the tax revenues COUNTY has lost due to the partial abatement of taxes on
real property improvements from the inception of this Agreement. The remedies listed in this
paragraph shall be in addition to any other remedies that COUNTY may have, both legal and
equitable.
14. OWNER agrees to submit to the Research Valley Partnership, Inc. ("RVP") as
agent for the COUNTY, no later than December 31, 2005 and on December 31" of each year
thereafter during the term hereof, a certified report executed by a duly authorized officer of
OWNER in the form to be promulgated and supplied by the RVP verifying compliance with the
payroll and capital expenditure requirements of this Agreement.
3
VO ~ 4 PACE I ~ a
15. This Agreement shall be for a term of five (5) years unless sooner terminated. The
partial exemption from ad valorem taxation of real property improvements during each tax year
covered by this Agreement shall be computed by taking a percentage of the increase in value of
the Property and the Premises on January 0 of each tax year over the value on January I" of
2005, which is the year this Agreement was executed by OWNER and COUNTY. The agreed
value of the Property was $41,980.00 on January 1, 2005, which was derived from existing
records and the best estimate of value available from the Brazos County Appraisal District. It is
agreed that the personal property and equipment for which abatement of taxes is hereby granted
has no value as of the date hereof, but will be newly placed upon the Property during the first
year of this Agreement. The partial exemption percentages are as follows:
Tax Year Percentage of Increased Value over
January 1, 2005 Value to be Abated
Year 1 (2006)
70%
Year 2
50%
Year 3
30%
Year 4
20%
Year 5
10%
16. Miscellaneous.
Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective while this Agreement is in effect, such
provision shall be automatically deleted from this Agreement and the legality, validity and
enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in
lieu of such deleted provision, there shall be added as part of this Agreement a provision that is
legal, valid and enforceable and that is as similar as possible in terms and substance as possible
to the deleted provision.
a. Texas law to apply. This Agreement shall be construed under and in accordance
with the laws of the State of Texas and the obligations of the parties created hereunder are
performable by the parties in Brazos County, Texas. Venue for any litigation arising under this
Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas.
b. Sole Agreement. This Agreement constitutes the sole and only Agreement of the
Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior
understandings or written or oral agreements between the parties.
C. Amendments. No amendment, modification or alteration of the terms hereof shall
be binding unless the same shall be in writing and dated subsequent to the date hereof and duly
executed by the parties hereto. Any proposed amendment, modification or alteration shall be
provided to The City of Bryan and to the Bryan Independent School District for review and
comment prior to adoption by the Brazos County Commissioners Court.
d. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by either party shall not
preclude or waive its right to use any and all other legal remedies. Said rights and remedies are
4
provided in addition to any other rights the parties may have by law, statute, ordinance or
otherwise.
e. No Waiver. COUNTY's failure to take action to enforce this Agreement in the
event of OWNER'S default or breach of any covenant, condition, or stipulation herein on one
occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to
enforce this Agreement on subsequent occasions.
£ Assignment. OWNER shall not assign this Agreement without the written
approval of the Brazos County Commissioners Court. A change in ownership of a majority of
the stock of OWNER is an assignment for the purposes of this paragraph. If OWNER assigns
this Agreement without written approval of the Brazos County Commissioners Court, this
Agreement shall terminate immediately and the partial abatement of taxes on the real property
provided for herein shall cease from the date such unauthorized assignment occurred.
g. Notices. COUNTY and OWNER hereby designate the following individuals to
receive any notices required to be submitted pursuant to the terms of this Agreement:
COUNTY
Randy Sims, County Judge
300 E. 26a' Street
Bryan, Texas 77803
CITY OF BRYAN
CITY MANAGER
P.O. Box 1000
Bryan, Texas 77805-1000
OWNER
RUFFINO MEATS & FOOD SERVICE
2130 East William Joel Bryan Parkway
Bryan, Texas 77802
BRYAN INDEPENDENT SCHOOL DISTRICT
Chris Peterson, President - Board of Trustees
101 N. Texas Avenue
Bryan, Texas 77803
The parties hereto have executed this Agreement in duplicate originals, each of equal
dignity. Each party has stated the execution date below the signature of its authorized
representative. If the parties sign this Agreement on different dates, the later date shall be the
effective date of this Agreement for all purposes.
County Judge
RUFFINO'S MEAT & FOOD SERVICE
BY:
(Title)
Executed on:
5
VOL. ~'1 FAGEA~
mvrla ails - v 111IMM
OL PAGE 195
V'7_
EXHIBIT `B' - EQUIPMENT AND PERSONAL PROPERTY
2.
3.
Warehouse racking (2005) $ 9,283.00
Smokehouse (2005-2006) $100,000.00
New Computer System (2006) $100,000.00
Total $209,283.00
VOL~PRGE ~~p
i
BRAZOS COUNTY
BRYAN, TEXAS
ORDER NO. 05-010
EXTENSION OF THE 900 HOUR RULE FOR
TEXAS COUNTY & DISTRICT RETIREMENT SYSTEM ENROLLMENT
As authorized by Section 32(b) of House Bill 633 as passed in the regular session of the
79`h Legislature and signed into law on 17 June 2005;
IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that until
the first pay period beginning on or after I January 2007, Brazos County shall exclude from
membership in TCDRS as a class those persons who fill a non-temporary position or office in
Brazos County or in a Community Supervision and Corrections Department participating
through the County that normally requires services from the person for less than 900 hours per
year.
ADOPTED this 15`h day of November, 2005, by a vote of ~ ayes and ~ nays.
Sims, County Judge
ATTEST:
Karen McQueen, Coun y Clerk
Office of the County Judge . 300 East 26~" St. • Suite 114 . Bryan, Texas 77803 • Fax: (979) 361-4503
Ira,3l07-q PAGE 18 7
A P O R I A
S O L U T I O N S
`~TRAtE{;iFS, n5SC 5'. r~!F.fa~ & Sp~t~AGNS
November 1, 2005
Mr. Eric Caldwell
Director of Information Technology
Brazos County Information Technology
202 East 27th Street
Suite 102
Bryan, Texas 77803
Dear Eric,
The purpose of this document is to outline the details of the engagement between Brazos County
and Aporia Solutions, Inc. (Aporia).
Brazos County wishes to engage Aporia to utilize a certified security professional to update the
County's Information Technology and Security policies and procedures and other related
material.
Aporia will follow these steps for the updates:
♦ Review existing documented security policy and procedures (P&P)
♦ Identify polices that are not in place but should be created to meet the ISO 17799 standard.
♦ Interview appropriate parties for non-documented P&P
♦ Create and document all P&P as needed
♦ Participate as needed to facilitate the approval of the P&P by the County's management
♦ Organize documentation in an easy to locate/find/update structure.
The County's management is responsible for the formal adoption of these policies and approvals.
Aporia charges an hourly rate of $125.00 for this service. Aporia is pleased to offer a 20%
discounted "preferred customer" rate of $100.00 per hour to Brazos County and this includes the
use of our tools, systems and travel. We expect this engagement to take 40 hours.
If required, Aporia will review and update the County's polices once a quarter after the initial
engagement at $1,000.00 per day. We expect the initial review and update to take place in
December 2005 at a mutually agreed time. Brazos County will be billed after completion of the
initial review and after subsequent quarterly visit. Payment terms are net 10 days. One and half
percent interest is charged on all overdue invoices.
As an acceptance of this document, please sign and fax it to 713-278 6906.
Brazos County Information Technology Aporia Solutions, Inc.
Eric Caldwell, Director IT (Date)
Richard Gasdia, Principal (Date)
9801 Westheitner Road
Suite 302
Houston Texas 77042
wvaw_AportaSolutlons.com
713-266-8785
Faz 713-278-6906
7 nr
1a lJ a. J
CONTRACT FOR CONSTRUCTION MANAGER SERVICES
BETWEEN OWNER AND CONSTRUCTION MANAGER
This CONTRACT FOR CONSTRUCTION MANAGER SERVICES BETWEEN OWNER
AND CONSTRUCTION MANAGER (hereinafter referred to as the "Contract") is made and
entered into by BRAZOS COUNTY, TEXAS located at 300 East 26th Street, Suite 117, Bryan,
Texas 77803 (hereinafter referred to as the "Owner") and HUNT CONSTRUCTION GROUP,
INC., an Indiana Corporation, with local offices located at 4099 McEwen, Suite 400, Dallas,
Texas 75244 (hereinafter referred to as "Construction Manager"). This Contract is executed
under seal and shall be effective on the date executed by the last party to execute it.
The construction manager services required by this Contract are to be rendered for the
following two construction projects: (1) Brazos County Exhibit Hall; Arenas, Stall Bams and (2)
the Sheriff's Office Building (hereinafter collectively referred to as the "Project") which will be
more fully described in Proposal Request No. 2005-038 (9 pages) issued by Brazos County and a
future Exhibit "B". Additional Projects may be added to this contract by future Amendments.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the Owner and the Construction Manager agree:
1.
REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Construction Manager makes the following express
representations and warranties to the Owner:
A. Construction Manager understands that time is of the essence, and has agreed to
undertake all efforts to expedite the performance of the "Project," as defined and set out herein,
from receipt of the first set of reproducible documents which include the (1) Brazos County
Exhibit Hall; Arenas, Stall Barns and (2) the Sheriff's Office Building, the Construction
Manager shall provide the necessary trade documents to the Owner for bidding and the
construction of the `Project' will commence within fifteen (15) days from the date of the first
Trade Contract Awarded.
B. The Guaranteed Maximum Price (GMP) for the Project shall be determined at a later
date by Contract Amendment, which said Fixed Limit amount represents the not-to-exceed sum
of the costs for the Construction of the Project, the "Work," and Other Services of the
Construction Manager as prescribed which includes those costs for (1) Construction Costs of the
`Project", including contingency; (2) Construction Manager's Fee; and (3) The General
Conditions; and constitutes the Owner's limit of liability to Construction Manager for the
completion of the "Project," in accordance with this Agreement.
C. Construction Manager will review the Project, as amended and approved by the
Owner and prepared by (1) Jim Singleton, architect or (2) by WHJ Architects (the "Architect")
and agrees to abide by the final program as designed.
Uocu=nt X: 893250
1
VOLI PAGE 18 /
D. The Construction Manager assumes full responsibility to the Owner for the improper
acts and omissions of the Construction Manager's consultants or others employed or retained by
the Construction Manager in connection with the Project.
E. The Construction Manager further understands that the Owner may appoint a
designated Project Manager. If Owner fails to take such action, Construction Manager
understands and agrees that the Purchasing Agent, is deemed to act as the Project Manager. The
Construction Manager shall coordinate with the appointed Project Manager and communicate
with the Purchasing Agent.
F. The Construction Manager accepts the relationship of trust and confidence
established between it and the Owner by this Contract. It covenants with the Owner to furnish
the necessary skill and judgment and to cooperate with the Architect and Architect's sub-
consultants on the Project furthering products and equipment in the interest of the Owner in the
Project. The Construction Manager agrees to furnish to the Owner all services required of it
herein. The Construction Manager shall endeavor to promote furtherance of the Project in an
expeditious and economical manner consistent with the interests of the Owner in the Project, and
the requirements of the Contract Documents.
G. The Construction Manager agrees to work under the direction of the Owner with the
Architect's and Owner's other consultants from design through final completion of the Project
including the final warranty inspection and resolution of all outstanding Project related claims or
disputes. Parties acknowledge and agree that the Construction Manager is not providing any
Design Services. The Construction Manager shall provide its expertise and services in all
matters relating to the Project, and in all matters relating to Project construction.
H. The Construction Manager understands that the Owner intends to have the Project
fully completed within the time and budget limits prescribed for the Project. Construction
Manager agrees to perform its Services hereunder consistent with that intention. Further, it is
understood and agreed by Construction Manager that the Project is to be built utilizing various
construction contractors/trade contractors. All such construction contracts shall be awarded
pursuant to Texas law.
1. Construction Manager shall not be considered an employee of the Owner, but shall
occupy the status of Independent Contractor with the Owner. The Construction Manager shall
perform its tasks and duties consistent with such status, and will make no claim or demand for
any right or privilege applicable to an officer or employee of the Owner, including, but not
limited to, worker's compensation, disability benefits, accident or health insurance,
unemployment insurance social security or retirement membership.
J. All references to days mean calendar days.
2.
GENERAL SERVICES
It is understood that time is of the essence, and Construction Manager agrees to undertake
all necessary efforts to expedite the performance of services required herein, so that on-site
2
Do uwnl # 893250
ti'3 0P, rAG€ ~ / V
construction of the Project can commence and be substantially completed within the time period
set forth herein above.
A. Construction Manager shall immediately commence design review, value
engineering, scheduling and budget related services in connection with the work, and will
continue same. Construction Manager shall proceed with sufficient qualified personnel
necessary to expedite and fully complete all services required under this Contract in the highest
professional manner consistent with the requirements of the Contract Documents. Owner retains
the right to request replacement of any employee assigned by Construction Manager to the
Project. However, this replacement may involve salary revision adjustment for any newly
assigned employee.
B. A Schedule of Performance of services hereunder shall be mutually agreed upon
between Construction Manager, the Architect, and the Project Manager, which shall enable the
Project to proceed continuously to substantial completion. Continued inexcusable failure of
Construction Manager to maintain progress in accordance with the agreed Schedule shall be
grounds for declaring Construction Manager in default.
C. Within fifteen (15) days following completion of (B) above, Construction Manager
shall develop and provide to Owner a Project Schedule consisting of a coordinated and integrated
Project Design Schedule and Project Construction Schedule. Construction Manager shall update
the project scheduling, incorporating a detailed schedule for the construction operations of the
Project, including activity sequences and durations, allocation of labor and materials, processing
of shop drawings and samples, and delivery of 'products and equipment requiring long lead time
procurement. The schedule shall be in CPM form as approved by Owner and shall be updated
Monthly.
D. Construction Manager shall provide regular monitoring of the project time schedule
as the Project progresses and identify potential variances between schedule and probable
completion dates. Further, Construction Manager shall review Project Schedule for construction
not started or incomplete and recommend to the Owner and Trade Contractors adjustments in the
Project Time Schedule to meet the completion date. Construction Manager shall provide
summary reports of each monitoring, and document all changes in the Project Time Schedule.
E. Architect, under separate contract with the Owner, will produce, assemble and deliver
to Construction Manager (through Owner) Working Plans and Specifications. Construction
Manager will review the work Plans and Specifications, as received, and shall advise Owner as
to their acceptability, suitability, need for revisions and any areas in which the working Plans and
Specifications increase the Scope and cost of the Project, or extend the Completion Dates,
without assuming any of the responsibilities of the Architect.
3.
PRECONSTRUCTION PHASE SERVICES
The Construction Manager understands that the Architect shall prepare Schematic
Designs, Preliminary Designs, and Designs for Construction in accordance with the contract
between Owner and Architect. The Construction Manager shall perform the following
3
D umnt K 893250
VOL 74 PAGE
Preconstruction Phase services in support of the Owner as the Architect executes their
responsibilities under their separate contract. The description of these Services is necessarily
general rather than specific in detail, and shall not be construed so as to exclude any Services
customarily provided by experienced and competent construction management organizations
incident to construction projects of the nature and scope of the Project. The following divisions
and descriptions of Services are intended only to add clarity and not in contemplation of fixed
events whereupon the character of Construction Manager Services will change from one (1) type
to another with respect to the Project. The Construction Manager shall:
A. Attend regularly scheduled meetings with the Owner and the Architect during the
development of Schematic Designs, Preliminary Designs, and Designs for Construction and
advise on site use, foundations and improvements, selection of materials, building systems and
equipment, provide recommendations on construction efficiency and feasibility, availability of
materials and labor time requirements for installation and construction, and factors related to
cost, including costs of alternative designs, equipment or materials, preliminary projects, and
possible economies, without, however, assuming the responsibilities of the Architect.
B. Monitor the Construction Budget to maintain the budget within the GMP.
Construction Manager shall prepare an estimate based on quantity surveys of the Plans and
Specifications for approval by the Owner as the Construction Budget; update and refine this
estimate for Owner's approval as the development of the Plans and Specifications proceeds, and
advise the Owner if it appears that the Construction Budget will not be met and make
recommendations for alternate action. Construction Manager shall also track and monitor the
Project Budget and shall provide period reports to Owner as to the status of the Project Budget.
For the purposes of this agreement, the Construction Budget shall consist of all items contained
in the GMP. The Project Budget shall be the total of the Construction Budget and all other
Project costs.
C. Review the Plans and specifications as they are being prepared, on the basis of value
engineering, recommending alternative solutions whenever design decisions, plans and details
adversely affect construction efficiency and feasibility, budgeted costs or schedules.
D. Recommend the purchase or release and procurement of long lead items to endeavor
to assure delivery by the required dates. Construction Manager understands that if such items are
to be purchased by the Owner, they shall be purchased in accordance with all the applicable laws
of the State of Texas by the Owner's Director of Purchasing. This requirement, which may
include the need to competitively bid the items, shall not relieve the Construction Manager of its
duties in performance of this Contract with regards to the GMP or substantial completion.
E. Make recommendations to Owner regarding the division of Construction Work in the
Plans and Specifications to facilitate the bidding and awarding of contracts, allowing for phase
construction, taking into consideration such factors as time of performance, minimization of
work site interference, on time, material and equipment procurement, availability of labor,
overlap in trade jurisdictions, provisions of temporary facilities, coordination and sequencing of
the Project, and minimization of overall Project costs, and availability of the work site.
Document N: 993250 VO 1._ PAGE-1
4
~ a
F. Review Plans and Specifications with Owner to assure: (1) efficiency in the use of
materials and methods of construction; (2) coordination among the plan sheets and among the
various bid packages; and (3) elimination of areas of conflict and overlapping in the Phase
Construction packages to be performed by the various contractors/trade contractors.
G. Indicate by written memorandum to the Project Manager, with qualifications where
necessary, review and approval as to construction feasibility and for bidding purpose of the
Architect's final Plans and Specifications for every division or Phase Construction package of
the Project, including public advertising for contract bids. Such review and approval as to
construction feasibility, however, shall not be deemed an assumption by Construction Manager
of any of the Architect's responsibilities, including errors and omissions in design. The Owner
and Construction Manager shall agree on a Contract for construction to be used in the various
Trade Packages, the contract between the Owner, Construction Manager and each Trade
Contractor shall control the legal relationships between the Owner, Architect, the Construction
Manager and the contractor/Trade Contractors, insofar as actual performance of the construction
work and the rights and duties of the parties in connection therewith. Provided, however, that
where conflict exists between such documents and this Contract, the provisions of this Contract
shall control.
H. Assist in the production of each set of final bid documents for the Project by
combining the Owner's standard bid documents and forms with the Architect's final Plans and
specifications, with such special provisions as may be necessary.
1. Endeavor to develop contractor interest in the Project as Working Plans and
Specifications are completed; jointly with the Architect and Owner, establish bid schedules and
schedules for pre-bid conferences, including on-site visits, to endeavor to assure the prospective
bidders understand the various site conditions, availability, coordination and scheduling
requirements.
4.
BIDDING/NEGOTIATION
A. Construction Manager shall continue to develop Trade Contractor interest in the
Project as working Plans and Specifications are fully completed. Jointly with the Architect and
Owner, Manager shall establish bid schedules and conduct pre-bid conferences, including on-site
visits, to assist the bidders so they understand the various site conditions, coordination and
scheduling requirements, and shall assist the Owner in bidding and negotiation of Trade
Contracts as identified elsewhere in this Contract.
B. During the bid advertising period and prior to bid opening, the Construction Manager
shall issue full sets of bidding documents to interested contractors upon receipt of the
Contractor's deposit for such documents. The Construction Manager shall return the
Contractor's deposit upon return of the bidding documents, provided the contractor returns the
bidding documents in accordance with the developed refund criteria. All advertising and
document reproduction costs associated with bidding shall be included as a cost in the GMP
Amendment.
5
Do um t# : 893250 t
_NCE
C. Prior to bid opening, the Construction Manager shall:
1. Provide to Owner and Architect a copy of any and all written requests for
product substitutions along with a written recommendation as to the acceptability of such
substitutions. Construction Manager understands that the Architect is solely responsible for
determining the adequacy of a proposed substitution and the Construction Manager's
recommendations are non-binding on the Architect.
2. Attend any and all pre-bid meetings.
3. Provide to the Owner and Architect all requests for addenda or clarifications
which the Construction Manager has received from prospective bidders as necessary to ensure
Trade Contractors are adequately informed prior to bid opening. The Architect shall issue all
necessary addenda or clarifications.
D. After bid opening, the Construction Manager shall assist the Owner in assessing the
qualifications of the apparent low bidder to determine if said bidder is qualified to construct the
Project.
E. If requested, the Construction Manager shall assist the Owner in negotiating a
reduction in Scope of Services with the apparent low-bidder as determined by the Owner, in
accordance with applicable Texas law.
5.
CONSTRUCTION PHASE SERVICES
Construction Manager shall immediately commence and complete all Construction Phase
Services to the extent necessary to achieve completion of the Project within the time and budget
limits stated in this Agreement.
A. The Construction Manager shall supervise, administer, coordinate, and direct the
entire Project using its best skill and attention. It shall be responsible for all construction means,
methods, techniques, sequences and procedures and for coordinating all portions of the work
under the Contract. The Construction Manager assumes full responsibility for the successful
completion of the Project within the time limits established in Section I(A), as said time periods
may be adjusted pursuant to the terms of this Contract. The Construction Manager shall not be
relieved from his obligations to ensure the work is performed in accordance with the Contract
documents either by the activities or duties of the Owner or by inspections, tests, or approvals
required or performed by persons other than the Construction Manager.
B. Provide the usual and necessary traditional Construction Management Services,
including, but not limited to, the following:
1. Maintain a competent, qualified, full-time staff as provided in Exhibit "A"
hereto attached to coordinate and provide general direction of the work and progress of the Trade
Contractors on the Work, so as to complete same in accordance with the Contract Documents.
6
Document b: 893250
2. Establish procedures for coordination among the Owner, Architect, Trade
Contractors and Construction Manager pertaining to the Project, and implement such procedures.
Establish emergency procedures and provide protection for the Project, equipment, machinery,
tools and materials. Construction Manager shall be responsible for the establishment,
coordination and implementation of safety programs for the Project.
3. Schedule and conduct progress meetings at which Trade Contractors, Owner,
Architect, other design consultants (as necessary), and Construction Manager may discuss jointly
such matters as procedures, progress, problems and scheduling.
4. Require the Trade Contractors to provide to the Construction Manager a
detailed Schedule for the operations of Trade Contractors on the work, including activity
sequences and durations, allocation of labor and materials, processing of shop drawings and
samples, and delivery of products requiring long lead time procurement.
5. Review and require the adequacy of the Trade Contractors' personnel and
equipment and the availability of materials and supplies to meet the Project Time Schedule.
Recommend courses of action to the Owner when requirements of a Trade Contract are not being
met. Implement such courses of action as are required. Recommend and facilitate termination
or suspension of Trade Contractors, as necessary, for the Owner. On behalf of the Owner,
facilitate and enforce any actions required in order to ensure that the Trade Contracts are
complied with.
6. Develop and monitor a system of cost control. Revise and refine the initially
approved Project Construction Budget; incorporate approved changes as they occur, and develop
cash flow reports and forecasts as needed. Identify variances between actual and budgeted or
estimated costs, and advise Owner and Architect, in writing, whenever projected cost exceeds
budgets or estimates.
7. Develop and implement a system for review and processing of Change
Orders. Recommend necessary or desirable changes to the Owner and the Architect, review
requests for changes, submit recommendations to the Owner and Architect, and assist in
negotiating Change Orders.
8. Develop and implement a procedure for the review and processing of
applications by Trade Contractors for progress and final payments.
9. Construction Manager shall obtain all building permits on behalf of the
Owner, and ensure that all Trade Contractors obtain permits for inspection or temporary facilities
required to be obtained directly by the various Trade Contractors. Obtain approvals related to
actual construction from all the authorities having jurisdiction. Costs for permits, if any, shall be
reimbursed to Construction Manager by Owner.
10. Review, monitor and provide for quality control programs for the work of
Trade Contractors to protect the Owner against defects and deficiencies, without assuming any of
the Architect's responsibilities, such as, and including, errors and omissions in design. This
review and monitoring by the Construction Manager during the Construction Phase shall not
relieve the Trade Contractors from their responsibilities for construction means, methods,
7
Ww.. W: 893250
VO'LJ~ F GE 115
techniques, sequences and procedures, nor for their responsibility to cant' out the construction
work in accordance with the Contract Documents. Failure of a particular Trade Contractor to
perform in a satisfactory manner does not relieve the Construction Manager of the requirement to
adhere to the GMP nor does it relieve the Construction Manager of any requirement to complete
the Project in the time specified.
11. Review the safety programs of each of the Trade Contractors and make
appropriate recommendations to the Owner and Trade Contractor. The performance of such
services by the Construction Manager shall not relieve the Trade Contractors of their
responsibilities for the safety of persons and property, and for compliance with all federal, state
and local statutes, rules, regulations, ordinances and orders applicable to the conduct of the
Work. Should the Construction Manager become aware of any unsafe operations being used by
a Trade Contractor the Construction Manager shall take immediate and appropriate action to
correct the unsafe condition up to and including stopping the Trade Contractor from continuing.
The Project Manager shall be immediately notified if such action is taken. The Construction
Manager shall not be responsible for the safety program of any Trade Contractor.
12. Refer all questions relative to design to the Architect.
13. In collaboration with the Architect, establish and implement procedures for
expediting the processing and approval of shop drawings and samples. Construction Manager
understands that the Architect is responsible for approving shop drawings and samples.
14. Monitor factory inspection and testing of items fabricated outside the Project
area if required by the Project Specifications and included in the GMP.
15. Record and submit to the Owner and the Architect progress reports of the
Work in the form of written progress reports, including information on the Trade Contractors'
work and the percentage of completion, and maintain a detailed daily log of jobsite events, which
shall be provided to Owner.
16. Maintain at the Project site, on a current basis, records of all Trade Contracts,
Plans and Specifications received from the Architect, standards, shop drawings, samples,
purchases, materials, equipment, maintenance and operation manuals and instructions, and any
other documents and revisions thereto which arise out of the Work. Obtain data from Trade
Contractors and maintain a current set of Record Drawings, Plans and Specifications received
from the Architect. At the completion of the Work, deliver all such records, including a full set
of As-Built Drawings, operating manuals and warranties received from the Trade Contractors, to
the Owner.
17. Secure from all Trade Contractors and lower tier Trade Contractors prior to
commencement of work the required Certificates of Insurance and/or certified copies of policies
evidencing proper insurance coverage to be in force. Maintain these Certificates and policies
among the jobsite records and provide copies of same to Owner for its records.
18. Instruct the Owner's maintenance personnel, as necessary, and coordinate the
checkout of utilities, operational systems and equipment.
8
Da um nt N: 893250
FA 110
19. Conduct with the Owner and Architect post-completion inspections during the
one-(1) year warranty period to ascertain the existence of defects in material and workmanship
and determine the necessity for correction of same. Assign, if possible, the causes of same, the
responsible Trade Contractor, and recommend reasonable corrective action. Aid the Owner in
obtaining such corrective action and in filing insurance and bond claims where coverage is
available. Ultimate responsibility for correcting defects in material and workmanship shall rest
with the Construction Manager as outlined in the GMP.
20. Conduct with the Owner and Architect a Final Warranty Inspection within
thirty (30) days of the end of the one-year (1-year) warranty period.
21. Fully and completely resolve, by litigation or otherwise, all Trade Contractor
claims arising out of the construction of the Project.
6.
TERMINATION OF A TRADE CONTRACTOR
A. In the event of termination of a Trade Contractor, whether for cause or convenience,
Construction Manager shall proceed on behalf of the Owner, subject to review and approval by
the Owner, in the following manner to secure a replacement Trade Contractor:
1. In the event of termination for cause, the Construction Manager shall make
demand upon, consult and negotiate with the surety of a terminated Trade Contractor to obtain a
replacement and enter into a Trade Contract with the surety-proposed replacement upon the
Owner's approval;
2. In the event of termination for convenience or in the event the surety fails or
refuses to perform in a default situation, assist the Owner to secure a re-bid of that portion of the
Work affected. If such termination was approved by the Owner, then the Project time shall be
adjusted equitably.
B. In the event that the Construction Manager recommends, in writing, termination of a
Trade Contractor for failure to perform, and the Surety fails to perform under the terms of the
Performance and Payment Bonds, Construction Manager shall indemnify and hold harmless the
Owner, from and against claims, damages, losses and expenses, including, but not limited to,
attorneys' fees, expert witness costs, and all costs associated with defending a third party claim,
arising out of or resulting from the termination of a Trade Contractor.
7.
OWNER'S REPRESENTATIONS AND RESPONSIBILITIES
A. To the best of its ability, Owner shall provide full information regarding its
requirements for the Project. Owner represents to the Construction Manager the sufficiency of
funds available to Owner to meet its obligations up to the GMP as established above.
B. The Owner shall designate herein a Representative who shall be fully acquainted with
the Project and with authority to approve the Project Budget, render decisions promptly and
furnish information expeditiously.
9
Document p: 893250 ~[j ff yy
l~ _
C. The Owner, through the Architect, will furnish reproducible originals of each Trade
Contract Package.
D. The Construction Manager will award all Trade Contracts and will make payment to
Trade Contractors after Construction Manager has reviewed and recommended approval of
payments for them and has received said payment from the Owner. Owner shall pay
Construction Manager within thirty (30) days of receipt of approved payment application.
E. Construction Manager will bid each individual Trade Package in accordance with all
applicable laws of the State of Texas.
8.
TRADE CONTRACTS
A. All construction work, other than professional and General Conditions services that
the Construction Manager customarily performs with its own field staff, shall be performed by
Trade Contractors. It is understood and agreed that the Cost of Construction line items identified
in Construction budget shall be further defined by the Construction Manager at the time the
GMP is firmly established. This document shall delineate the Cost of Construction by the
estimated amount for each Trade package proposed. This document provides the method by
which the Construction Team (Owner, Construction Manager and Architect), may continuously
determine whether the Project is within the GMP throughout the Project life. The line item
amounts established in the Construction Budget as defined in 3.(B) will be adjusted according to
the amounts of the applicable Trade Contractor awards utilizing the "Construction Contingency"
line item as the balance line item.
B. Each Trade Contract shall be awarded at the sole discretion of the Construction
Manager pursuant to the applicable Texas law regarding award of public works contracts. If the
Trade Contract awarded for a particular item in the Project is less than the estimated cost of the
item in the Project Budget, the difference shall be added to the "Construction Contingency" line
item. However, if the Trade Contract awarded for a particular item in the Project exceeds the
amount allotted in the Construction Budget, one (1) or more of the following initial procedures
will be undertaken at the election of the Owner after consulting with the Architect and the
Construction Manager:
1. Deletion of non-essential bid alternates to try to bring the bid within the
amount specified in the Construction Budget but without reducing the overall Scope of the Work
unless Owner approves;
2. Negotiations with the apparent low-bidder to determine possible reductions,
savings, or substitutions;
3. Rejection of all bids and re-bidding;
4. Redesigning to lower the cost to the budgeted amount, with the Owner's
consent, and re-bidding; or
10
Document N: 89]]50
5. Proceeding with the award using funds contained in the "Construction
Contingency" (i.e. Rinds in the Contingency and uncommitted budgeted funds or funds saved
from prior awards, which were below the established line item amounts).
C. If no bids are received on a particular item, the Construction Manager shall re-bid.
D. The Owner and Construction Manager shall agree on a Contract for Construction to
be used in the various Trade Packages being bid, and each contract shall include a full
indemnification of the Owner and Construction Manager as provided in this Contract. The
Construction Manager shall prepare Contracts for the Trade Contractors and shall provide full
supervision and administration for the performance of the Trade Contractors. It is the
responsibility of the Owner to make payment to the Construction Manager for the work related
to the Trade Contracts. Payment to be conditioned upon proper- review and approval by the
Architect and Construction Manager.
9.
SUBSTANTIAL COMPLETION, FINAL COMPLETION, AND DELAY DAMAGES
A. The term "Substantial Completion," as used herein, shall mean that point at which, as
certified in writing by the Architect, the Project is at a level of completion in strict compliance
with the Project Plans and Specifications such that the Owner or its designee can enjoy beneficial
use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or
occupancy of the Project shall not result in the Project being deemed substantially complete, and
such partial use or occupancy shall not be evidence of Substantial Completion.
B. The term "Final Completion," as used herein, shall mean that point at which, as
certified in writing by the Architect, it is determined that all deficiencies found have been
corrected and that it is appropriate to release retainage and/or make final payment.
C. The Construction Manager shall pay the Owner the sum of $100.00 for each and
every calendar day of un-excused delay in achieving Substantial Completion, not to exceed
$50,000.00. Any sums due and payable hereunder by the Construction Manager shall be
payable, not as a penalty, but as damages representing as estimate of delay damages likely to be
sustained by the Owner, estimated at or before the time of executing this Contract. When the
Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner
shall be entitled, but not required, to withhold from any amounts otherwise due the Construction
Manager an amount then believed by the Owner to be adequate to recover liquidated damages
applicable to such delays. If and when the Construction Manager overcomes the delay in
achieving Substantial Completion, or any part thereof, for which the Owner has withheld
payment, the Owner shall promptly release to the Construction Manager those funds withheld,
but no longer applicable, as liquidated damages.
10.
GUARANTEED MAXIMUM PRICE
A. The Guaranteed Maximum Price (GMP) for the Project shall be determined at a later
date by future Amendment, which said Fixed Limit amount represents the not-to-exceed sum of
I1
Documcm M'. 993350
PAGE
the costs for the Construction of the Project, the "Work," and Other Services of the Construction
Manager as prescribed which includes those costs for 1) Construction Costs of the "Project"
including contingency; 2) Construction Manager's Fee; and 3) The limits of the General
Conditions; and constitutes the Owner's limit of liability for the completion of the "Project."
B. The Construction Manager will have an opportunity to review the Plans and
Specifications, the Construction Manager shall develop and submit to the Owner, the estimated
costs for construction of the Project. If, the Owner and Construction Manager agree that the
costs of construction of the Project exceed the GMP, Owner shall make an election between the
following two (2) options:
1. In cooperation with the Construction Manager, require the Architect to redraw
and redefine the plans and specifications in a manner necessary to bring the aggregate costs for
construction under the GMP.
2. Increase the amount of the GMP to the amount established by agreement
between the Owner and the Construction Manager.
C. Upon agreement between the Owner and Construction Manager on the GMP, the
Project Budget shall be established and the GMP shall not be changed except by Change Order
to this Agreement.
D. The Construction Manager also agrees that part of the cost for the "Construction of
the Project," shall also include the sum of the actual cost of construction for the various Trade
Contracts bid, including Change Orders in accordance with this contract.
E. The foregoing GMP, unless changed by supplemental Agreement for Change Orders,
represents the limit of obligation that Owner may have insofar as the cost for final completion of
the Project as described by the dated documents in future Exhibit "B". Should additional
amounts be expended over and above the GMP (as may be amended) to achieve completion of
the Work, including payment to Construction Manager, in accordance with this Contract,
liability for and payment of such additional amounts shall be the responsibility of the
Construction Manager.
11.
CONSTRUCTION MANAGER'S COMPENSATION
A. The Construction Manager accepts and agrees that the Owner's limits of liability for
the total project cost shall not exceed the GMP as may be amended and Construction Manager
shall be compensated as follows:
1. For Pre-Construction Services the Construction Manager shall be paid a Fee
of $ 75,000.00 for the Brazos County Exhibit Hall; Arenas, Stall Barns. A separate
Preconstruction fee shall be paid for the Sheriffs Office Building in the amount of $25,000.00.
Should either project be cancelled prior to the start of construction services, only these two
amounts would be due by the Owner to the Construction Manager. Should one or both projects
proceed to construction the above amount will be included in the project fee at 3.7% of the total
construction cost.
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Document p: 893250
Of C
2. For the General Conditions, the Construction Manager shall be paid amounts
established by the GMP. If a particular line item has a surplus, that surplus shall be the property
of the Construction Manager and may be used to offset overages in other line items. Upon final
completion the Owner shall be entitled to 100% of any surplus.
3. Construction Manager fee is established at 3.7% of the total project
construction amount.
B. Retainage of 5% may be withheld on the cost of the Trade Contracts and Construction
Manager fee but not on the General Conditions.
12.
PROJECT RECORDS
All of the Construction Manager's documentary work product under this Agreement shall
be the property of the Owner. All records relating in any manner whatsoever to the Project, or
any designated portion thereof, which are in the possession of the Construction Manager or the
Construction Manager's consultants, shall be made available to the Owner for inspection and
copying upon written request of the Owner. Additionally, said records shall be made available,
upon request by the Owner, to any state, federal or other regulatory authorities and any such
authority may review, inspect and copy such records. Said records include, but are not limited
to, all plans, specifications, submittal, correspondence, minutes, memoranda, tape recordings,
videos, or other writings or things which document the Project, its design, and its construction.
Said records expressly include those documents reflecting the time expended by the Construction
Manager and its personnel in performing the obligations of this Contract and the records of
expenses incurred by the Construction Manager in its performance under said Contract. The
Construction Manager shall maintain and protect these records for no less than three (3) years
after final completion of the Project. Thereafter, the Construction Manager shall forward to
Owner, upon written request, all plans, specifications, submittal, correspondence, minutes,
memoranda, tape recordings, videos, or other writings or things which document the Project, its
design, and its construction. Nothing herein shall deny Construction Manager the right to retain
duplicates.
13.
CHANGES
A. The Owner, without invalidating the Contract, may order Changes in the Work of
Individual Trade Contractors consisting of additions, deletions or other revisions. Such changes,
if required by competent authority having jurisdiction over the work, which do not substantially
alter the scope of the Project, and are not required due to the enactment or revision of codes,
laws, or regulations subsequent to the preparation of bidding documents, shall be included in
calculating the actual cost of construction and shall not result in an increase in the GMP or the
Project Time Schedule. All Changes in the Work shall be authorized by a fully executed
Supplemental Agreement hereto, or Change Orders in accordance with the Trade Contractor's
Contract.. In this regard, all Trade Contracts shall contain a provision entitling Owner to make
changes in the Plans and Specifications after performance has commenced, or to decrease or
13
D..tk: 893250 VOL ~4_PA&E aQ I_
increase the amount of Work to be performed or materials, equipment or supplies to be
furnished.
B. If the Owner elects to order a Change in the Work of an Individual Trade Contractor
or Contractor(s), and such change is not being required by competent authority having
jurisdiction over the work, the following procedures shall be used:
1. The Construction Manager shall provide an estimate of the cost of the change
and the impact the change will have on the Project time schedule;
2. The Construction Manager shall provide an impact assessment of the change
on the Project Budget and determine if funding is available within the Construction Contingency
line item of the Project;
3. The value and/or completion date of the particular Trade Contractor(s)
Contract(s) shall be amended by Change Order;
4. If the Change Order results in an increase in a Trade Contractor(s) contract,
and funding is available from within the Construction Contingency line item of the Project
Budget and if the Construction Manager agrees, then there shall be no increase in the GMP when
the Change Order is executed;
5. If the Change Order results in an increase in a Trade Contractor(s) contract,
and funding is NOT available from within the Construction Contingency line item of the Project
Budget then there shall be an increase in the GMP and the Owner shall provide the required
funding when the Change Order is executed;
6. If the Change Order results in a decrease in a Trade Contractor(s) contract, the
excess funds will be moved to the Construction Contingency line item of the Project Budget;
C. All Change Orders to this Agreement shall be specific and final as to prices and
extensions of time.
D. The Architect shall have authority to order minor Changes in the Work and to issue
clarifications to the plans and specifications, within the Scope of Work not involving additional
Cost of the Work or an extension of the Project Time Schedule and not inconsistent with the
Contract Documents. Such Changes may be effected by Field Work Order or other agreed upon
tool. Such Changes shall be binding on the Owner, the Trade Contractors and the Construction
Manager, provided written notice and reasonable opportunity to object have been given.
E. Construction Manager understands that proper review and authorization of Change
Orders by the Owner's Governing Body will require an average of fourteen (14) days.
Construction Manager shall fully appraise the Trade Contractors of this minimum processing
requirement and that no claims for delay or additional Cost of the Work shall be recognizable
based upon this minimum processing requirement. Allowances, if any, provided for in the
Contract Documents shall be authorized only by duly adopted Change Orders, approved in
accordance with this Agreement.
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O cum nt p'. 893250
33 7 r g'
0A0 ~k
F. If the Construction Manager wishes to make a claim for Additional Fee or an increase
in the General Conditions, necessitating an increase in the GMP, it shall give the Owner written
notice thereof prior to the occurrence of the event giving rise to such action, where practical. No
such notification shall be valid unless so made and no increase shall be valid unless agreed to by
Change Order prior to executing the work except in an emergency endangering life or property
in which case the Change Order shall be negotiated and processed after the fact.
14.
EMERGENCIES
hi any emergency affecting the safety of persons or property, the Construction Manager
shall act, at its discretion, to prevent threatened physical damage, injury or loss. The
Construction Manager shall immediately notify the Project Manager when emergency situations
arise that either result in the stoppage of work, injury of persons, loss of equipment, or damage to
the "Work" itself. It is understood and agreed that one (1) of Construction Manager's primary
duties is the anticipation and avoidance of potential claim situations. If the Construction
Manager's actions in an emergency situation result in an increase in Project Schedule Time or
cost, the Construction Manager may make a claim for additional compensation under the
Changes Clause of this contract.
15.
DISCOUNTS, REFUNDS, SALES OF SURPLUS MATERIALS, ETC.
A. All discounts, if realized, for prompt payment shall belong to the Owner, if the Owner
has made payment to the Construction Manager to qualify for such discount, and shall be
accounted for in the applicable line item. All trade discounts, rebates and refunds, and all returns
from sale of surplus materials and equipment, shall likewise accrue to the Cost of the Work, and
the Construction Manager and Owner shall make provisions so that they can be secured, the
amounts thereof to be accounted for in the applicable line item.
B. The Owner qualifies for exemption from the state and local sales and use taxes,
pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax
Act. Therefore, the Construction Manager shall not pay such taxes which would otherwise by
payable in connection with the performance of this Contract as hereafter noted.
C. The Construction Manager, on behalf of the Owner, shall issue an exemption
certificate in lieu of the tax on the purchase, rental or lease of all materials, supplies, equipment
and other tangible personal property incorporated into the real property being performed
pursuant to the Contract with the Owner.
D. Materials and supplies "used in the performance of a contract" include only those
materials actually incorporated into the property being improved and those supplies directly used
to incorporate such materials into the property being improved. Overhead supplies and supplies
used indirectly or only incidental to the performance of the Contract with the Owner are not
included in the exemption.
15
M .M N. 993250 -}7/ o3
E. Under "reasons said purchaser is claiming this exemption" in the exemption
certificate, the Owner must name the project for which the equipment, material and supplies are
being purchased, leased or rented.
16.
APPLICATIONS FOR PAYMENT
Except as modified by this Section, payments to Construction Manager shall be in
accordance with Paragraph 11 of this Contract.
A. The Construction Manager shall prepare and furnish to the Owner a monthly
statement of the Work performed during the preceding month for which it claims it and the
Construction Manager and Trade Contractors are entitled to be paid. This statement shall be in a
form based upon a "Scheduling of Values" for Trade Contractors, as defined in the Trade
Contractors Contract. Such statement may include the reasonable value of materials or
equipment not yet incorporated in the Project but delivered, inspected and suitably stored at the
site, or, with Owner's consent and subject to compliance with any conditions thereof, at some
other location agreed upon.
B. Each such statement shall include an amount for the Construction Manager's Fee for
the Construction Phase computed on the basis of 100% of the amount earned for the statement
period less 5% or retainage, plus the cost of the General Conditions once the first contract is
awarded. The Construction Manager shall indicate the amount that each line item of the General
Conditions is being billed when requesting payment for the General Conditions.
C. The Construction Manager will require of the Trade Contractors that 5% of the
amounts due under each Trade Contract shall be retained by the Owner until thirty (30) days
after Final Completion of the Project under this Contract, except that upon mutual agreement by
the Architect, Owner and Construction Manager, and with consent of the Construction
Manager's and Trade Contractors, surety, payment in full shall be made to those Trade
Contractors whose work is fully completed and accepted during the early stages of the Project,
and/or those who have provided a maintenance bond or equivalent security for any remedial or
corrective work, acceptable to the Owner and Construction Manager.
D. The Owner will review the Construction Manager's statement of monies due to the
Construction Manager and Trade Contractors and shall promptly, after receipt of same (but in no
event longer than seven (7) days, issue a Certificate of Payment for such amounts as approved.
The Owner shall promptly make payment (but in no event longer than thirty (30) days after
certification by Owner) in the full amount to the Construction Manager for payment to the Trade
Contractors.
E. Final Payment, constituting the unpaid balance of the Cost of the Work, retainage due
Trade Contractors, and the balance of the Construction Manager's Fee (including retainage and
excluding any delay damages), shall be paid by the Owner to the Construction Manager for
payment to the Trade Contractors thirty (30) days after Final Completion of the Project and
acceptance by Owner.
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Dacunrcnc p-. 893250 I
Vol. ~4 PAGE 9.04
17.
INSURANCE
A. Without limiting any of the other obligations or liabilities of the Construction
Manager during the term of this Contract, the Construction Manager shall purchase and maintain
and insure that each trade contractor purchases and maintains the herein stipulated minimum
insurance with companies duly approved to do business in the State of Texas and reasonably
satisfactory to the Owner. Certificates of each policy shall be delivered to the Owner before any
work is started, along with a written endorsement stating that said policy shall not be cancelled,
non-renewed or materially changed without thirty (30) days advance written notice being given
to the Construction Manager and Owner, except when the policy is being cancelled for
nonpayment of a premium, in which case ten (10) days advance written notice is required. Prior
to the effective date of cancellatiori, the Construction Manager must deliver to the Owner a
replacement certificate of insurance or proof of reinstatement. Coverage shall be of the
following types and not less than the specified amounts:
1. Worker's Compensation as required by Texas law, with the policy endorsed to
provide a waiver of subrogation as to the Owner (and Construction Manager if Trade
Contractor); Employer's liability insurance of not less than $1,000,000 for each accident,
$1,000,000 disease for each employee, $1,000,000 disease policy limit;
2. Commercial General Liability insurance, including independent contractor's
liability, completed operations and contractual liability, covering, but not limited to, the liability
assumed under the indemnification provisions of this Contract, fully insuring Construction
Manager's (or Trade Contractor's) liability for insurance to or death of Owner's employees and
third parties, extended to include personal injury liability coverage with damage to property of
third parties, within minimum limits as set forth below:
a. General aggregate $ 1,000,000
b. Products-components/operations aggregate $ 1,000,000
C. Personal and advertising injury $ 600,000
d. Each occurrence $ 600,000
e. Fire damage (any one fire) $ 50,000
f. Medical expense (any one person) $ 5,000
The policy shall include coverage extended to apply to completed
operations and XCU (explosion, collapse and underground) hazards. The
completed operations coverage must be maintained for a minimum of one
(1) year after final completion and acceptance of the work, with evidence
of same filed with Owner.
3. Comprehensive Automobile and Truck Liability Insurance, covering owned,
hired and non-owned vehicles, with a combined bodily injury and property damage minimum
limit of $1,000,000.00 per occurrence; or separate limits of $500,000.00 for bodily injury (per
person); $500,000.00 for bodily injury (per accident) and $100,000.00 for property damage.
Such insurance shall include coverage for loading and unloading hazards.
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Do ..t p: 893250
74 y at)5
B. Construction Manager shall obtain, pay for, and maintain at all times during the
prosecution of the work under this Contract an Owner's protective liability insurance policy
naming the Owner as additional insureds for property damage and bodily injury, which may arise
in the prosecution of the work or Construction Manager" operations under this Contract.
Coverage should be on an "occurrence" basis, and the policy shall be issued by the same
insurance company that carries the Construction Manager's liability insurance with a combined
bodily injury and property damage minimum limit of $500,000.00 per occurrence and
$1,000,000.00 aggregate.
C. Construction Manager shall obtain, pay for and maintain umbrella liability insurance
during the Contract term, insuring Construction Manager for an amount of not less than
$1,000,000 per each occurrence combined limit for bodily injury and property damage that
follows from and applies in excess of the primary liability coverage required herein above. The
policy shall provide "drop-down" coverage where underlying primary insurance coverage limits
are insufficient or exhausted. Owner shall be named as additional insured.
D. Builder's Risk Insurance shall be purchased and maintained by the Construction
Manager, until the date of final acceptance of the work by the Owner, and for so long thereafter
as Construction Manager shall be performing, or supervising, construction work at the jobsite,
Builder's Risk Insurance covering the work at the site in an amount equal to 100% of the
completed value. This insurance shall include the interest of the Owner, the Construction
Manager, Trade Contractors, and Sub-Trade Contractors, and the work shall insure against the
perils of fire, extended coverage, vandalism, and malicious mischief, and shall be extended to
provide all "risk" protection, including freeze damage, as available, and for a coverage and wit
deductibles not to exceed $5,000.00. Flood and earthquake deductible shall not exceed
$5,000.00. Deductables shall be tracked a "Cost of Work" item in the Project Budget.
E. 1. Each insurance policy to be furnished by Construction Manager or Trade
Contractor shall include the following conditions by endorsement to the policy:
a. Each policy shall name the Owner as an additional insured as to all
applicable coverage:
b. Each policy shall require that thirty (30) days prior to the
cancellation, non-renewable, or any material change in coverage, a
notice thereof shall be given to on or by certified mail. If the
policy is cancelled for nonpayment of premium, only ten (10) days
written notice to Owner is required.
C. The Term "Owner" shall include all authorities, boards, bureaus,
commissions, divisions, departments, and offices of the Owner and
individual members, employees and agents thereof, in their official
capacity and/or acting on behalf of the Owner;
d. The policy phrase "other insurance" shall not apply to the Owner
where the Owner is an additional insured on the policy;
18
D vin nl N. 893250
e. All provisions of the Contract concerning liability, duty, and
standard of care, together with the Indemnification provision, shall
be underwritten by contractual liability coverage sufficient to
include such obligations within applicable policy limits.
2. Insurance furnished by the Construction Manager or Trade Contractor
shall be in accordance with the following requirements:
a. Any policy submitted shall not be subject to limitations,
conditions, or restrictions deemed inconsistent with the intent of
the insurance requirements to the fulfilled by the Construction
Manager;
b. All policies are to be written through companies duly licensed to
transact that class of insurance in the State of Texas; and
C. All liability policies required herein shall be written "occurrence"
basis coverage trigger.
3. Construction Manager agrees to the following:
a. Construction Manager hereby waives subrogation rights for loss or
damage to the extent same are covered by insurance. Insurers shall
have no right of recovery or subrogation against the Owner, it
being the intention that the insurance policies shall protect all
parties to the Contract and be primary coverage for all losses
covered by the policies;
b. Companies issuing the insurance policies and the Construction
Manager shall have no recourse against the Owner for payment of
any premiums or assessments for any deductibles, as all such
premiums and deductibles are the sole responsibility and risk of the
Construction Manager, but this expense is to be carried with
Project Budget;
C. Approval, disapproval, or failure to act by the Owner regarding
any insurance supplied by the Construction Manager shall not
relieve the Construction Manager of full responsibility or liability
for damages and accidents as set forth in the Contract Documents;
and
d. No special payment shall be made for any insurance that the
Construction Manager and Trade Contractors are required to carry;
all are included in the Contract Price and the Contract Unit Prices.
F. Any of such insurance policy required under this Section may be written in
combination with any of the others, where legally permitted, but none of the specified limits may
be lowered thereby.
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Woc .m N: 891250
74 t'tiut ae7
18.
OWNER'S RIGHT TO TEMPORARILY SUSPEND WORK
A. The Owner shall have the right by written order to temporarily suspend the work, in
whole or in part, whenever, in the judgment of the Owner such temporary suspension is required:
1. In the interest of the Owner generally;
2. Due to government or judicial controls or orders which make performance of
this Contract temporarily impossible or illegal;
3. To expedite the completion of a separate contract even though the completion
of this particular Contract may be thereby delaying;
4. Because of weather conditions unsuitable for performance of the work; or
5. Because the Construction Manager is proceeding contrary to Contract
provisions or has failed to correct conditions considered unsafe for workmen.
B. The written order of the Owner to the Construction Manager shall state the reason for
suspending the work and the anticipated periods for such suspension. Upon receipt of the
Owner's written order, the Construction Manager shall suspend the work covered by the order
and shall take such means and precautions as may be necessary to properly protect the finished
and partially-finished work, the unused materials and uninstalled equipment, including the
providing of suitable drainage about the work and erection of temporary structures where
necessary. The Construction Manager shall not suspend the work without written direction from
the Owner and shall proceed with new work promptly when notified by the Owner to resume
operations.
C. No additional compensation shall be paid to the Construction Manager for suspension
or otherwise to the extent suspension is caused by default of the Construction Manager. To the
extent such temporary suspension is not due to the fault of the Construction Manager, he shall be
entitled to:
1. An equitable extension of working time for the completion of the work, not to
exceed the delay caused by such temporary suspension;
2. The actual and necessary cost of properly protecting the finished and partially-
finished work, unused materials and uninstalled equipment during the period of the ordered
suspension such costs, if any, to be determined on a basis set forth in this Contract; and
3. Where the Construction Manager elects to remove equipment from the jobsite
and then return it to the site when the work is ordered resumed, the actual and necessary costs of
these moves.
4. Any and all General Condition expenses incurred.
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Document M: 893250
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19.
OWNER'S RIGHT TO TERMINATE; REMEDIES AND DELAYS
A. The right to terminate this Agreement, in whole or in part, with or without cause, and
for the convenience of the Owner is expressly reserved by Owner. In such event, Notice to
Terminate, for all or any portion of the Work, shall be delivered to Construction Manager at least
fourteen (14) business days prior to any such termination, who shall then be reimbursed by
Owner in accordance with the terms and provisions of this Agreement, for all services
completed, but not to exceed actual commitments and expenditures made and Fees carried in
connection with the Work to the Date of Termination. No amount shall be due for lost or
anticipated profits. All Work-related documents and records shall become the property of
Owner, and shall be promptly delivered to Owner in a reasonably organized form without
restriction on future use. Should Owner subsequently contract with a new construction manager
for continuation of services on the Project, which right Owner specifically retains, Construction
Manager shall cooperate in providing information.
B. Nothing contained elsewhere in this Agreement shall require Owner to pay for
services not in compliance with the provisions of this Agreement. The Owner may withhold
payments to Construction Manager when Construction Manager is in default under this
Agreement without waiving any other remedy or right available at law or in equity, including the
right to bring legal action for damages or to force specific performance of this Agreement.
C. All disputes arising out of performance of work, or other matters in question between
Owner and Construction Manager shall be referred initially to the Owner's designated
representative for decision, which shall be rendered within fourteen (14) business days of the
date of receipt. The authority of the Owner's designated representative contained herein shall be
deemed to be an independent covenant of the contract documents:
1. The decision of Owner's designated representative is a final decision.
Decisions by the Owner's representative shall be final if not appealed within ten (10) business
days of the issuance thereof.
2. In the event that any decision of the Owner's designated representative is
inconsistent with the contract documents, or is not rendered within ten (10) business days,
Construction Manager may appeal the decision to the County Commissioner's Court.
D. Construction Manager understands that time is of the essence, and Construction
Manager shall be fully responsible for its delays or for its failure to use its best efforts to
accomplish the purposes of this Agreement. However, neither Owner nor Construction
Manager, shall be deemed in violation of this Agreement for delays caused by circumstances
beyond their respective control.
E. If the Construction Manager wishes to make a claim for delay due to circumstances
beyond their control, then the Construction Manager shall give notice to the Owner within seven
(7) business days after commencement of the event(s) for which the Construction Manager
wishes to make a claim for an extension of time. Such notice shall include the probable duration
and a reasonable explanation and justification of the delay. The Construction Manager shall also
21
Document q. 893250 , , 1 r O
provide within seven (7) business days stating the conclusion of any such delays. For delays
caused by circumstances beyond the Construction Manager's control, the completion date shall
be extended for causes which affect the critical path of performance and would logically require
an extension of time necessary to complete the work, provided, however, in the event that such
causes occur concurrently, the actual time of the delay shall be the time elapsed while such
causes exist. The extension of any applicable completion date pursuant to the provisions of this
section shall in no way relieve the Construction Manager of an obligation to make every
reasonable effort (without incurring additional cost to Construction Manager) to reduce, or if
possible, eliminate any delay to the Substantial or Final Completion.
F. The following are considered circumstances which are beyond the control of the
Construction Manager or Owner:
1. Acts of God (excepting normal climatic conditions as established by the
National Weather Bureau's five-year (5-year) average for Brazos County, Texas);
2. Fire or other casualty not the result of negligence;
3. Unavoidable casualties, labor disputes, stoppage of the work by order of any
court or other public authority through no act or fault of Construction Manager, anyone
employed by Construction Manager, or Trade Contractor(s);
4. Acts or omissions of Owner, Owner's designated representative, or architect
shall be beyond the Construction Manager's control.
G. The work of any portion of the work under this Contract shall be suspended
immediately subject to seven (7) days advanced written notice to the Construction Manager by
the Owner declaring the Construction Manager to be in default and a reasonable opportunity to
cure by Construction Manager. A copy of such notice shall be served on the Construction
Manager's surety. The Contract may be terminated by the Owner for any good cause or causes,
among others of which special reference is make to the following:
1. Failure of the Construction Manager to start the work within fourteen (14)
days from date specified and the written work order issued by the Owner to begin work;
2. Substantial evidence that the progress of the work being made by the
Construction Manager is insufficient to complete the work within the specified working time;
3. Failure of the Construction Manager to provide sufficient and proper
equipment, materials, or construction forces for properly executing the work;
4. Substantial evidence that the Construction Manager has abandoned the work
or discontinuance of the performance of the work or any part thereof and failure to resume
performance within a reasonable time after notice to do so;
5. Substantial evidence that the Construction Manager has become insolvent,
bankrupt, or otherwise financially unable to carry on the work;
22
D um nt # 893250
7N; ~'v, C l/o
6. Deliberate failure on the part of the Construction Manager to observe any
requirements of the Contract specifications or to comply with any orders given by the Architect
as provided for in the Contract Specifications;
7. Failure of the Construction Manager to promptly make good any defects in
materials or workmanship, or any defects of any nature with respect to Construction Manager's
work, the correction of which has been directed in writing by the Owner;
8. Substantial evidence of collusion for the purpose of illegally procuring a
contract or perpetuating fraud on the Owner and the construction work under a contract; and
9. Repeated and flagrant violations of safe working procedures which are not
cured within a reasonable period of time.
H. After seven (7) days advanced written notice of Construction Manager by Owner and
a reasonable opportunity to cure, the work is suspended for any of the causes itemized above, or
any other just and reasonable cause or causes, the Construction Manager shall discontinue the
work or such part thereof as the Owner shall designate, whereupon the surety may either at its
option assume the Contract or that portion which the Owner has ordered the Construction
Manager to discontinue and perform the same or, with the written consent of the Owner, sublet
the same, provided, however, that the surety shall exercise its option within four (4) weeks after
written notice to discontinue the work has been served upon the Construction Manager and upon
the surety or its authorized agents. The surety in such event shall assume the Construction
Manager's place in all respects and shall be paid by the Owner for all work performed by it in
accordance with the terms of the Contract, but in no event shall such payment exceed the GMP,
regardless of the cost to the surety to complete the work.
1. All monies remaining due the Construction Manager at the time of his default shall
thereupon become due and payable to the surety and the Construction Manager as the work
progresses, subject to all terms of the Contract. In case the surety does not, within the herein
above specified time, exercise its obligation to assume the Contract or that portion thereof which
the Owner has ordered the Construction Manager to discontinue, then the Owner shall have the
power to complete, by contract or otherwise as it may determine, the work herein described or
any such part thereof as it may deem necessary.
J. The Construction Manager shall be entitled to an extension of working time under
this Contract only when claim for such extension is submitted to the Owner in writing by the
Construction Manager within fourteen (14) days from and after the time when any alleged causes
of delay are reasonably ascertained by the Construction Manager, and then only when such time
is approved by the Owner. In adjusting the Contract working time for the completion of the
Contract, unforeseeable causes beyond the control and without the fault or negligence of the
Construction Manager, if the progress of the Work is delayed at any time by any act or neglect
attributable to Owner or Architect/Engineer, or of any employee of any of them, or of a separate
contractor employed by any of them, or of any other person or entity for whom any of them may
be legally liable, or by changes ordered in the Work, or by the action or inaction of any
governmental agency or regulatory body (unless due to the fault or neglect of Construction
Manager), or by labor disputes, fire, lightning, explosion, flood, earthquake, hurricane, unusually
23
Docum nt K. 893250 • I C I f
4
severe weather, unusual delay in deliveries, unavoidable casualties or other causes beyond
Construction Manager's control and fault, or by delay authorized by Owner pending a dispute
resolution, or by any other cause which Architect/Engineer or Owner determines may justify
delay, then, to the extent the critical path of the Construction Schedule is impacted, the dates
established above from Substantial Completion and Final Completion shall be equitably
extended, and an equitable adjustment shall be made to the Initial Guaranteed Maximum Price or
the GMP (as the case may be), including an equitable adjustment to the Construction Manager's
Fee.
K. If the satisfactory execution and completion of the Contract should require work and
materials in greater amounts or quantities than those set forth in the Contract, requiring more
time for completion than the anticipated time, then the Contract working time should be
equitably increased. No allowances shall be made for delays or suspension of performances of
the work due to the fault of the Construction Manager.
20.
TERMINATION BY CONSTRUCTION MANAGER
A. In the event the Construction Manager's Work is suspended or stopped in its entirety
from no fault of the Construction Manager, the Trade Contractors or suppliers for a period
twenty (20) days (continuously), the Construction Manager may terminate this Agreement and
shall be compensated in such event as if termination by the Owner, pursuant to Paragraph 19.
Notwithstanding the foregoing, the Construction Manager may not terminate the Agreement
under this Article even if the Work is suspended or stopped in its entirety through no fault of the
Construction Manager unless and until the Construction Manager has exercised reasonable
diligence to cure the cause of such Work suspension or stoppage.
B. If Owner fails to pay to Construction Manager any amount due it under this
Agreement within thirty (30) days from the date such payment is due, Construction Manager
may terminate this Agreement and Construction Manager shall be compensated as provided in
Paragraph 19. In the event of such nonpayment by Owner for a period thirty (30) days,
Construction Manager shall given written notice to Owner at least fourteen (14) business days
prior to any such termination. If Owner cures such default within fourteen (14) business days
from the date of notice, Construction Manager shall not have the right to terminate this
Agreement pursuant to this provision. This Article shall not be construed to allow the
Construction Manager to terminate the Agreement where the Owner has failed to pay the
Construction Manager pursuant to the Owner's right to refuse or withhold payment as
established in this contract.
21.
ASSIGNMENT, GOVERNING LAW, VENUE AND NOTICES
A. This Contract shall be binding on the parties hereto, their successors, assigns and
representatives. Neither Party shall assign any interest in this Agreement without the written
consent of the other.
24
Document N'. 893250
.~i l
B. This Contract shall be governed by and construed solely in decision of the State of
Texas.
C. This Contract shall be construed according to the laws of Texas; and Rockwall
County, Texas, shall be the exclusive venue for any litigation involving this Contract;
D. All written notices to Owner by Construction Manager shall be addressed to:
Ms. Pat Howard
County Purchasing Agent
BRAZOS COUNTY
300 East 26th Street, Suite 117
Bryan, Texas 77803
Notice permitted or required by this Contract, shall be in writing and shall be deemed
received when received in person or when placed, postage prepaid, in the United States mail,
certified return receipt requested, and addressed to the part at the address set forth opposite their
signature below. Either party may designate from time to time another and different address for
receipt of notice by giving notice of such change of address.
E. All written notices from Owner to Construction Manager shall be addressed as
follows:
Mr. Monte Thurmond, Vice President
Hunt Construction Group, hic.
4099 McEwen, Suite 400
Dallas, Texas 75244
F. In the performance of this Agreement, Construction Manager shall occupy the status
of an Independent Contractor, performing all Work without immediate direction or supervision
by Owner. No provision of this Agreement shall be construed as making Construction Manager
as agent of Owner.
G. Paragraph headings are for convenience only and are not intended to expand or
restrict the scope or substance of the provisions of this Contract.
H. Should any term, covenant, condition, sentence, or paragraph of this Contract be
found illegal, invalid, or unenforceable for any reason, such illegal, invalid, or unenforceable
provision shall be severed from the remainder of this Contract and shall not affect the legality,
validity, or enforceability of the remaining terms, covenants, conditions, sentences, or paragraphs
of this Contract.
1. This Contract represents the entire agreement between the parties hereto, superseding
all oral or written previous and contemporaneous agreements between the parties and relating to
the matters in this Contract, and except as provided herein cannot be modified without written
agreement of the parties to be attached to and made a part of this Contract.
25
D umcnt p: 993250
c'74 ern a13
J. All parties represent that they have full capacity and authority to grant all rights and
assume all obligations that they have granted and assumed under this Contract.
22.
COMPLIANCE WITH LAWS, NONDISCRIMINATION AND FEDERAL FUNDS
A. The Construction Manager, its officers, consultants, agents, employees and the Trade
Contractors shall comply with all applicable federal and state laws, and Ordinances of the
County of Brazos, Texas, as amended, and with all applicable rules and regulations promulgated
by all local, state and national boards, bureaus and agencies.
B. As a condition of this Agreement, Construction Manager hereby covenants that it will
take all necessary action.to ensure that, in connection with any Work under this Contract, it will
not discriminate in the treatment or employment of any individual or groups of individuals on the
grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job
performance, either directly or indirectly or through contractual or other arrangements. In this
regard, Construction Manager shall keep, retain and safeguard all records relating to this
Agreement or Work performed hereunder for a minimum period of three (3) years from final
Contract completion, full access allowed to authorized representatives of the City upon request
of purpose of evaluating compliance with this and other provisions of the Agreement.
C. In the event Owner receives funds from any federal agency to be utilized in
construction of the Project, Owner shall notify Construction Manager of any terms,
requirements, conditions or restrictions attached to the use of said funds. Thereafter,
Construction Manager shall assist Owner in notifying all affected bidders and/or contractors/
Trade Contractors, and will include, to the extent necessary, all federal requirements as a part of
each and every bid package on the federally funded portion of the Project. Construction
Manager shall also comply with any applicable requirement and assist Owner with assembling
the documents necessary to evidence compliance by each affected bidder or contractor/Trade
Contractor.
23.
RESPONSIBILITY FOR WORK; INDEMNIFICATION
A. Approval by the Owner shall not constitute nor be deemed a release of the
responsibility and liability of Construction manager, its employees, the Trade Contractors, agents
or consultants, for the accuracy and competency of their services; nor shall such approval be
deemed to be an assumption of such responsibility by the Owner for any defect, error or
omission in the Work product prepared by Construction Manager, its employees, the Trade
Contractors, agents or consultants.
B. To the fullest extent permitted by law, Construction Manager shall indemnify, defend
and hold harmless the Owner, its officers, agents or employees, its consultants, officers, agents
or employees, from and against all claims, damages, losses, suits and actions, including, but not
limited to, court costs and attorney fees, brought for or on account of any injuries, including
death, or damages received or sustained by any person, persons or property on account of, arising
out of or in connection with the Work performed by the Construction Manager, its agents and
26
Document p: 993250
.k;L 74 s. ill."a~
employees or the Trade Contractors or any suppliers; or on account of any negligent act or
omission of the Construction Manager, its agents and employees or the Trade Contractors or any
suppliers in the performance of this Contract, any Trade Contractor(s) for this Project, or any
supplier contract(s) for this Project; or on account of the failure of the Construction Manager or
Trade Contractor to provide the necessary barricades, warning lights or signs and the
Construction Manager shall be required to pay any judgment, with costs, including attorney fees,
which may be obtained against the Owner, its officers, agents or employees growing out of such
injury, including death, or damage. The obligation of the Construction Manager under this
clause shall not extend to the liability of the Architect, its consultants, agents or employees
arising out of (1) the preparation of maps, drawings, opinions, reports, surveys, change orders,
designs or specifications, or (2) the giving of or the failure to give directions or instructions by
Architect, its consultants, agents or employees, provided such giving or failure to give is the
primary cause of the injury or damage. All Trade Contracts shall contain a similar
indemnification clause which shall include the Construction Manager as an indemnitee. The
provisions of this Paragraphs are solely for the benefit of the Owner and Construction Manager
and not intended to create or grant any rights, Contractual or otherwise, to any other person or
entity except as is expressly set forth within this Section.
C. It is expressly agreed and understood by Owner and Construction Manager that any
and all costs associated with the Owner's efforts in litigation or otherwise resisting claims or
liabilities as identified in (B) above shall be borne, from the inception, by Construction Manager.
It is further expressly agreed and understood by Owner and Construction Manager that County
shall have the right to select its counsel in any action which requires counsel. The parties hereto
agree and understand that the intent of the parties is that the County shall not incur costs or
expenses in litigating or resisting claims as identified in (B) above.
24.
FINANCIAL INTEREST PROHIBITED. CONFIDENTIALITY
A. Construction Manager covenants and represents that Construction Manager, its
officers, employees, agents, and consultants will have no financial interest, direct or indirect, in
product materials or equipment that will be specified for the construction of the Project.
25.
PERFORMANCE AND PAYMENT BONDS
A. With the execution and delivery of the Contract, the Construction Manager shall
furnish and file with the Owner in the amounts herein required, the surety bonds specified
hereunder. Such surety bonds shall be in accordance with the provisions of the TEXAS
GOVERNMENT CODE § 2253.0001 et seq, Art. 7.19-1 of the TEXAS INSURANCE CODE and §
53.201 et seq. Of the TEXAS PROPERTY CODE and shall be issued by such sureties as are named in
the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on the
Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the
Treasury. These bonds shall automatically be increased by the amount of any change order or
supplemental agreement which increases the Contract amount with or without notice to the
surety, but in no event shall a change which reduces the Contract amount reduce the penal
27
Wcum nt 0 993250
amount of such bonds. If the surety on any Bond furnished by the Construction Manager is
declared bankrupt or becomes insolvent or its right to do business is terminated or ceases to meet
the requirement as set forth above, Construction Manager shall within 20 days thereafter
substitute another Bond or surety which complies with the requirement hereto.
1. Performance Bond. A good and sufficient bond in an amount not less than the
contract sum, 100% of the GMP guaranteeing and as security for the full and faithful execution
of the work and performance of the Contract in accordance with the plans, specifications, and
Contract documents, including any extensions thereof, for the protection of the Owner. This
bond shall also provide for the repair and/or replacement of all defects due to faulty materials
and workmanship that appear or become known within a period of one year from the date of
completion and acceptance of the improvement by the Owner or such lesser or greater period as
may be designated in the Contract Documents.
2. Pa nMent Bond. A good and sufficient bond in an amount not less than 100%
of the approximate total amount of the Contract, as evidenced by the proposed tabulation
guaranteeing and as security for the full and proper protection of all claimants supplying labor
and materials in the prosecution of the work provided for in said Contract and for use of such
claimant. This bond shall remain in effect at least until one year after the date when final
payment becomes due for all materials and labor supplied in the prosecution of the work
provided in said Contract.
3. Sureties. No sureties shall be accepted by the Owner who is now in default or
delinquent on any bonds or who has interest in any litigation against the Owner. All bonds shall
be made and shall be executed by not less than one corporate surety authorized to do business in
the State of Texas and acceptable to the Owner. The sureties shall be listed in the most current
federal register treasury list. Each bond shall be executed by the Construction Manager and
surety.
4. Additional or Substitute Bonds. If at any time the Owner is or becomes
reasonably dissatisfied with any surety of a performance or payment bond, the Construction
Manager shall, within twenty (20) days after notice from the Owner to do so, substitute an
acceptable bond or bonds, or provide any additional bond, and such form and sum and signed by
such other surety or sureties as may be reasonably satisfactory to the Owner. The premiums on
such bond shall be paid by the Construction Manager and the premiums for all bonds shall be
included in the GMP as a cost of the Work.
26.
HAZARDOUS MATERIALS
It is understood and agreed that the general conditions do not contemplate the handling
of, responsibility for the discovery of, or the performance of services by the Construction
Manager related to the abatement, replacement or removal of products or processes involving
asbestos or hazardous waste in any of its forms as defined by the EPA. If such products or
wastes are present, the Owner shall retain and pay for specialists required to perform services to
specify and supervise abatement, replacement or removal procedures. The Construction
Manager shall carry on the work and maintenance progress where not hampered by the
28
O um nt 0. 891250
M1^r
abatement process as agreed by the Owner while the specialists are performing such abatement,
replacement, or removal procedures, unless otherwise prohibited by law. The Construction
Manager has the obligation to require all Trade Contractors to agree to comply with all
applicable laws relating to hazardous materials or known hazardous waste. Subject to this
obligation, the Owner agrees to be responsible to the Construction Manager for all claims,
lawsuits, expenses or damages arising from or related to the exposure, handling, use, treatment,
purchase, sale, storage or disposal of asbestos, asbestos products or any hazardous waste, in any
of its various forms as defined by the EPA provided that such waste is not generated by the
Construction Manager or Trade Contractor(s) during the construction of the Project. This
responsibility to the Construction Manager shall survive the completion of the Project, the work
administered under these general conditions and the general conditions themselves unless claims
or lawsuits are caused solely by the negligent act of the Construction Manager or Trade
Contractor(s) in providing the contacting [sic] services. Construction Manager agrees not to
knowingly recommend any products containing asbestos for inclusion in this Project. If
Construction Manager shall be delayed by the supervision, abatement, removal of any hazardous
wastes or materials, Owner agrees that the time of the completion of the work shall be extended
for a period equal to the reasonably estimated period of delay, as determined by agreement
between the Construction Manager and the Owner.
27.
ARCHITECT
The Parties hereto understand and acknowledge the Architect's responsibilities for the
Project are more fully set forth in separate contracts between the Owner and the Architect.
IN WITNESS WHEREOF, Owner has caused this Agreement to be signed in its
corporate name by the duly authorized to execute the same in its behalf by the Owner, and
Construction Manager has signed by and through its duly authorized representative, thereby
binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions hereto.
EXECUTED this ` 31 day of Ocr 2005.
HUNT CONSTRUCTION GROUP, INC.
By:
Its Authorized Agent
BR
By
29
Document K'. 893M
tt, a~~
Brazos County Courthouse
300 E. 26th, Suite 313 Bryan, Texas 77803
ACKNOWLEDGED:
DATE: November 7, 2005 ZJ4 D
dy Sims, County Judge
TO: Hon. Randy Sims, County Judge
Hon. Lloyd Wassermann, Commissioner
Hon. Duane Peters, Commissioner
Hon. Kenny Mallard, Commissioner
Hon. Carey Couley, Commissioner
Candy Gallego, Administrative Assistant
FROM: Kay Hamilton, County Treasurer
RE: Quarter Ending 09/30/2005 Investment Report
w ~Q
date
This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment
Act, which requires quarterly reporting of investment transactions to the Commissioners' Court.
The Brazos County Investment portfolio earned an average yield of 3.4372% on funds invested
with TexPool for the quarter ending 09/30/2005. Investment interest deposited during the
quarter was $86,926.34. The total investment interest earned year-to-date utilizing TexPool was
$268,242.98. On September 28, 2005, $5,000,000.00 of principal was withdrawn from TexPool
leaving a year-end balance of $5,275,218.59. The average Earnings Credit Rate on CitiBank,
formerly First American Bank, checking account interest during the past quarter was 3.82%
netting $396,133.23 of interest at quarter end. Year-to-date checking account interest was
$1,311,387.22. Combined interest total earned at year-end was $1,579,630.20. The weighted
average maturity of the invested funds was 1 day due to the liquidity of funds invested with
TexPool and on deposit at CitiBank.
At the end of the third quarter of 2005, yields from various investment products were as follows
CitiBank accounts
TexPool
Agencies of the Federal Govt
Commercial Paper
Treasury Bills
3.99% daily liquidity 105% collateralized
3.60% daily liquidity
4.15%
6-month maturity
4.5%
12-month maturity - monthly callable
3.74%
3-month maturity
3.49%
3-month maturity
3.82%
6-month maturity
4.15%
2-year
The investment opportunities available to Brazos County that would exceed the rate being earned
on the CitiBank accounts have maturity dates in the 6-month to 12-month range and are not
collateralized. Purchasing agencies in that range would present a maturity risk with little, if any,
justifying reward. The depository contract provides a rate that adjusts as rates increase - 3-
month Treasury rate + 55 basis points - which continues to produces a competitive rate with the
least amount of risk of loss of principal (105% collateralized) as well as the least amount of
maturity risk (daily liquidity). There has been a slight upward shift in the yield curve in response
to the Fed's rate hike; however, it remains relatively flat. The Fed is expected to raise rates
continually over the balance of this year and into 2006. Accordingly, the investment strategy for
Brazos County remains unchanged with a concentration of County funds in the Brazos County
depository.
° al g
74
Summary of Portfolio Changes
Fund Group 1
Beginning Book Value (06/30/2005) $10,188,292.25
Beginning Market Value (06/30/2005) $10,188,292.25
WAM at Beginning Date 1 Day
TexPool Release of Principal 5,000,000.00)
TexPool Interest Earned $ 86,926.34
Ending Book Value (09/30/2005) $ 5,275,218.59
Ending Market Value (09/30/2005) $ 5,275,218.59
WAM at Ending Date 1 Day
* TexPool Net Asset Value is 0.99985
Investment interest
deposited:
Checking Account Interest Earned:
October 2004
$ 14,557.80
(1.7805%)
$ 62,896.20
(2.27%)
November 2004
$ 15,230.98
(1.8491%)
$ 65,456.92
(2.61%)
December 2004
$ 17.632.51
(2.0685%)
$ 73.353.94
(2.74%)
Q/E 12/31/04
$47,421.29
$201,707.06
January 2005
$ 19,063.91 (2.2325%)
$ 103,306.97
(2.89%)
February 2005
$ 18,859.99
(2.4406%)
$ 112,721.31
(3.09%)
March 2005
$ 22.036.09
(2.5708%)
$ 127,282.34
(3.29%)
Q/E 03/31/05
$59,959.99
$343,310.62
April 2005
$ 22,936.72
(2.7591%)
$ 122,120.30
(3.31%)
May 2005
$ 25,453.22
(2.9563%)
$ 125,443.20
(3.40%)
June 2005
$ 25.545.42
(3.0583%)
$ 122.672.81
(3.50%)
Q/E 06/30/05
$73,935.36
$370,236.31
July 2005
$ 28,189.00
(3.2577%)
$ 137,585.22
(3.70%)
August 2005
$ 29,946.02
(3.4512%)
$ 132,967.29
(3.77%)
September 2005
$ 28.796.32
(3.6028%)
$ 125.580.72
(3.99%)
Q/E 09/30/05
$ 86,926.34
$396,133.23
YTD TOTALS
$268,242.98
$1,311,387.22
Attached are the following reports:
1) Quarterly Invested Funds Activity Report
2) TexPool Investments
3) Cost Amount Summary of Investment
4) Investment by Fund Group and Strategy Type
To the best of our knowledge the investment portfolio in this report conforms in all respects to
the Investment Policy of Brazos County and is being managed under the investment strategy of
said policy as approved by the Commissioner's Court of Brazos County.
KWy Hami n, County Treasurer
i%/o-k/,o5
Date
Q t 0 Dr
erri White, Chief Deputy Treasurer Date
7A f' r ?s
QUARTER ENDING 09/30/2005 INVESTED FUNDS ACTIVITY REPORT
T aao
r 4
FUND 1 - POOLED FUND GROUP
~ I ,
74
' TEXPOOL INVESTMENTS (OCT.2004-SEPT.2005)
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INVESTMENTS BY FUND GROUP AND STRATEGY TYPE
FUND 1- POOLED FUND GROUP
General Fund
$
Health Endowment Fund
$
State Lateral Road
$
Courthouse Security
$
Voter Registration
$
Vehicle Inventory Tax Interest
$
General Obligation Debt Svc.
$
General Permanent Impv.
$ -
Exposition Center Fund
$ 2,055,353.85
C.O. Issue 2003
$ 3,137,765.35
C.O. Issue 2004
$ 82,100.39
BOOK VALUE OF ALL INVESTED FUNDS FOR SEPTEMBER 2005 $ 5,275,219.59
~ I.74 PAGE aa3