2002-06-11
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12/07/98 217
376 876
Legal Acres
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MA TAGORDA ISLAND LIGHTHOUSE RESTORA nON PROJECT - BIDDING
SPECIF1CA TIONS
Mr. Byron Cumberland with Testengeer, Inc. reported the submission for approval to
U.S. Fish and Game Service, Texas Historical Commission and Texas Department of
Transportation in Austin, the completed design drawing prepared by Testengeer, Inc. for
bidding specifications on Matagorda Island Lighthouse restoration project. He has also
been in contact with the Coast Guard. He asked the Court for authorization to bid the
project as soon as authorization is received from the State.
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A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to
approve the bidding specifications on the Matagorda Island Lighthouse restoration
project as prepared by Testengeer, Inc. In discussion, Commissioner Floyd asked that
this be delayed, as he had not seen the specifications. Mr. Cumberland requested that
action be taken. Judge Marshall stated she had sent a memo to all that the specifications
were in her office or a copy would be obtained for anyone wanting them. Commissioners
Galvan, Balajka, Finster and Judge Marshall all voted in favor. Commissioner Floyd
abstained, as he had not previously seen the specifications.
COURTHOUSE MOLD REMEDIATION - EVALUATION REPORT AND
OFFER FROM INSURANCE COMPANY
Hal Arnold with Benke Adjusters International gave a report on the final evaluation on
the Courthouse mold remediation and insW'ance settlement. He is within $30,000 of
settling with the insurance company on the building damages. He has two contractors
who prepared three estimates each, some estimates going up and some down. NeRI in
Kansas City, not counting the pack out, is $762,391 and Capital County Contractors is
$806,750. He expects claim damages as of today to be $875,000. There is $75,000 set
aside for pack out and replacement but the insurance company may pay more if estimates
on this are higher. Expenses to date on the building are $102,636.21 which insurance
will reimburse. Clearing tests are $15,773 and extra expenses approved by insW'ance
company are $10,057.
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There is an issue regarding application of the policy since there have been six different
losses in the Courthouse: (1) door left open and rain came in (2) Sheriffs Office (3) jail
incident (4) jail incident (5) map sink in Judge's Office and (6) Hal did not state this one.
He said the carrier's position on the first and second losses, there is no reason to
evacuate, and losses #3 and #4 are in the same area so the company will pick one of these
for extra expenses. The #5 loss is another incident and means there is $10,000 in
coverage amounts for extra expenses and we have already incurred $10,057 so we have
exceeded the limit by $57.00. The company will allow another incident to allow another
$10,000 in extra expenses. Hal's position is there should be four alIowances. This issue
still needs to be resolved. It will take only five occurrences @ $1,000 for $5,000; he
thinks that four of the six losses should be allowed for extra expense.
Hal thinks the last issue may require a legal opinion to resolve. His opinion, since the
Courthouse has to be evacuated, all cost for housing prisoners at the time of repair should
be covered as part of building damage (may be 14 days). The insurance company
considers this an extra expense and not part of building damages since this is loss of use
insurance coverage which you can't purchase and which we don't have. Company says
we have no insurance on prisoners like we have on the contents of the building.
Hal stated this is a three phase approach. (1) getting evaluation of damages which is
almost finished, (2) repair and (3) any supplemental payment has to be made for things
we are not aware of today; company will pay for those at that time.
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The evacuation time could be foW' to six months and additional office space required
would not be covered by the policy but could possibly be considered an extra expense.
Hal said the issues should be resolved and he will report back to the Court on June 27,
2002.
4i4S
FIRST SOUTHWEST COMPANY CONTINUING DISCLOSURE FOR ANNUAL
REPORT
Commissioner Floyd reported sending requested information to attorneys, Bauerman and
Spurgeon, on the finances and the doctors, their contracts, floorspace and monthly rental
payments, etc. at the Memorial Medical Plaza. They called him Friday after reviewing
the information and they felt comfortable the Court had done nothing to affect their tax-
exempt status regarding the mall and bond issue. Mr. Spurgeon said we do need to leave
in the Disclosure Statement those things which we picked up the indebtedness. Mr.
Bauerman is writing a letter to the Court explaining all of this and giving us a background
as to what freedoms we have regarding utilization of the other portions of the mall and
areas that can be used that were not renovated by the bond issue. The amount of money
put into the Plaza by the hospital was not part of the bond issue. The parking lot is a gray
area. The plaza is 87,000 square feet - 45,000 square feet are still usable. The attorney
said to take out anything that makes reference to our tax-exempt status on the Continuing
Disclosure.
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A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to
approve the Continuing Disclosure for Annual Report as amended and authorize the
County Judge to sign. Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
Continuing Disclosure
Due Diligence Questionnaire for Calhoun County
For Annual Report Due JUDe 30t 2002
PJeuc como-Jete bv JUDe 7. 2002
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Please answer the fonowing questions. PCovide fun explanation, as necessary.
I. m Yes a No Did any specified "material events" occur during the past year? A ''mat<lrial
event" should be deemed to include My event that would affect a bondholder's
decision to buy or sell the County's bonds, or otherwise would impact an
investor or prospective investor in any manner, as defined in SEe Rule lS(c)2-
12. Please mark any of the following Material Evcmtlr lirtod below i( they
occurred since the last discloSUf'C period, and provide a detailed explanation
below.
o Principal and intcrtst payment delinquencies;
o NOtt~ent ,.fated defaults;
lSiJc Unscheduled draws on debt servi~ reserves reflecting financial difficulties;
o Unscbedutc:d draW$ on credit enhancements reflecting financial difficulties;
a Substitution of credit or liquidity providers., or their failun: to perform;
a Adverse tax opinions or events affecting the tax-ex.empt status of the
security;
Q Modifications to rights of security holders;
o Bond calls;
o Defeasances;
(J Release, substitution, or sale of property securing rep8}itlCnt of the
securities; or
o Rating changes.
If any material event occWTCd. please explain.
Commissioners' Court detennlned that revenues from Mp.mnrbd MP.t1!f'c:lr r.pntpf
were insufficient to meet debt service reQuirements on the Camblnm!"" H~rit~1
Revenue and Tax Certificates of OblioatiM SarlM 1998 Rnr! n1lirl nUll 14,..,. eA,../;,..,..
from the County's General Fund. A tax lev... will be made for Jim If.. r1p.ht RPrvi,..p
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2. lXYes 0 No
Is the County in full compliance with the provisions and covenants of aU bond
issues? Compliance with bond covenants and provisions mi.ght include
compliance regarding the levying of a sufficient property tax rate to pay ad
valorem faX backed bonds. timely payments made: to an interest and Sinking fund
per bond covenants, and sufficient and timely funding of a bond reserve fund for
revenue bonds.
=l:sr!lXll1l'o\'&m<Pml
Page 1
446
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3.
DYes fjj No
4. lI&IYes 0 No
5.
aYes 0 No
6.
OYes>Q9 No
7.
o Yes ~No
If not, please explain.
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Is there any litigation pending or threatening which would potentially have an
adverse financial impact on the County?
If so, please explain.
Subsequent to your most recent fiscal year-end, did the County incur any neW
debt? If so, please provide a description of the issues below. Include leases,
bank borrowings, pool participation, etc. as well as long term debt.
Capital Lease for A Soil Drum Compactor in Road and Bridoe Preclcnt #2 The
total of the principal payments oyer a 5 year oeriod is $88 192 with Interest fnr
the oeriod of $12 71 9 40 for ~ total rip-ht ~Arvir.F! of !t1 nn Q11.dn Thic: ,;,:>ht ic::
beinQ servir:Ad from thp. r.nl Inty'~ r,j::lonj:lo~1 F"t Inri
Are any of the ten largest property taxpayers delinquent in their tax payments?
If so, p'lease explain.
Seadnft Coke LP (Carbon Graphite) has not paid their current taxes due
1/31/02. We expect to collect these taxes from the bankruptcy court.
Subsequent to your most recent fiscal year-end, have any of the ten largest
taxpayers had a material change in property valuation?
If so, please explain.
Subsequent to your most recent fiscal year-end, were there any material changes
in the valuation of individual property tax categories?
If so, please explain.
:::fFlFSf9:JlfI11WNalMPANY
Page 2
447
8.
DYes~ No
9.
DYes>el No
10. DYes llJ No
II. DYesl2lNo
12. ~Yes D No
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Were any tax abatement or tax increment agreements entered into during the past
year?
If so, please explain.
Subsequent to your most recent fiscal year-end, was there any material decline in
the fund balance or level of reserves in any governmental funds.
If so, please explain.
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Subsequent to your most recent fiscal year-end, was there a material decline in
total revenues of any of the governmental funds?
If so, please explain.
Subsequent to your most recent fiscal year-end, was there any significant
increase in the amounts of receivables or tax delinquencies in any governmental
fund?
If so, please explain.
Were there any significant interfund transfers that have occurred since the last
reporting period?
Ifso, please explain.
Commissioners' Court budqeted a transfer to Memorial Medical Center in the ~mo\Jnt
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::ffisrrouI1l\'l!5fCOMPANY
448
Page 3
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13. BYes D No
14. DYes B No
15. DYes ~ No
16. 'eYes D No
17. DYeselNo
of $147,499 for EmerQency Medical Services. Commissioners' Court budgp.tp.d
a transfer to Memorial Medical Center in the amount of $825 553 far app.ratians
These transfers resulted in a reduction of the fund h~l~nr.p. in the ~j:lnpr:=!1 Flinn
To date $532,776 of the bUdgeted amounts have been transferred.
Were any material extraordinary expenditures made during the past year? This
can include capital items, material variations from historical or budgeted levels,
and new or unexpected expenditure items.
If so, please explain.
Mold was found in the Courthouse. To date approximatelv $100 000 has been
spent on remediation. We anticioate that this amount will'exceed $1 oon 000
before the remediation j!=: r:omnlete We ~ntir.ip:=!tp th::lt thp mqjnrity nf thic: jQIvPQnc:o.
will he coveren hy in~lIr::lnr.j::I r.l::limc;:
Subsequent to your most recent fiscal year-end, has there been any significant
decline in the market value relative to book value of investments?
If so, please explain.
Were there any investments with maturities greater than two (2) years held at the
end of the reporting period?
If so, please explain the reason and the market sensitivity and state the maximum
permitted investment maturity authorized in the County's investment policy.
Subsequent to your most recent fiscal year-end, were there any changes in top
administrative or financial positions during since the last reporting period?
If so, please explain.
Commissioners' Court transferred the administration of the Emergency Medical
Services from the Memorial Medical Center (County Hospital) to the controi of
the Commissioners' Court.
Were there any significant population changes for the past year?
If so, please explain.
~!WiHW!S!COMPANY
Page 4
449
18. eYesONo
Subsequent to your most recent fiscal year-end, were there any tax limitation
referendums or failed bond elections?
If so, please explain.
A bond election for $1,320,000 for an Emergency Medical Facility failed. At
this time there is no plan to pursue the construction of this facility.
;
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19. eg Yes 0 No
Subsequent to your most recent fiscal year-end, have any major businesses or
employers closed or announced significant changes?
If so, please explain.
Seadrift Coke, LP declared bankruptcy durin~ the year 2001. Conferences with
executives of this company indicate that the local olant will not hA AffAdAn hy
this action.
20. 0 Yes JQ!l No
Subsequent to your most recent fiscal year-end, did any catastrophic or major
natural events occur which produced significant damage within the County?
If so, please explain.
This questionnaire has been prepared by the following authorized representative of the County:
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~{7A~~
Name
00-/1- ocJ...,
Date
WAOCLI7 @I-/sd./Jd
E-mail address (if available)
FonnUpd.led.: 21812001
~SJUIH\\'5fCOMPANY
Page 5
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EMERGENCY MEDICAL SERVICES - CREDIT CARD APPLICATION TO
W AL-MART
A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to
authorize the County Judge to sign a credit card application to Wal-Mart for Emergency
Medical Services. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
450
WAL-MART COMMUNITY & BUSINESS
CHARGE ACCOUNT APPLICATION
WAL*MART'
ALWAYS LOW PRICES.
~:
ueANT _ Please read the following before completing this fonn: (1) Applicant represents that the information given in this Appiication is complete and accurate.
applying tor cred' you authonze us to check with cred, reporting agencies, cred, references and other sources disclosed herein in investigating the information given. (3) Signatory
be an authorized representative of the company with authority to enter into contractual agreements. (4) Upon completion, this Application should be retumed in person to the Store
ger at the nearest Wal-Mart. Please complete all boxes below and sign in Section 4.
g Address (If P.O. Box, give street address also)
Suite/Building/floor # City
State
Zip
Telephone #
( )
Business license ID #
ResalefTax License #
DYes ONo
Tax Document Expiration Date
Dun & Bradstreet #
)
or Subsidiary of (Leave Blank If Not Available)
/
ype of Business:
/
o Corporation
CI Proprietorship
# of Cards Requested
o Partnership
a Community
tn Business Since
eting Representative
e Address (It P.O. Box, give street address also)
ness Phone #
Home Phone #
ONAl GUARANTY: In consideration of WaJ-Mart and any assignee financing purchases by buyer, the undersigned guarantor hereby agrees to unconditionally, personally guarantee payment of all amounts due under,
1e performance under the terms of, the Wal-Mart Community & Business Commercial Charge Account Agreement ("Agreement"), and further agrees to pay the total balance due on the account o~ned pursuant to
1reement upon demand, wrthout requiring Wal-Mart or any assignee, to proceed first to enforce payment against the buyer also liable on this account, in the event of any defau~ under the Agreement that governs the
Int. The undersigned hereby waives any nolices regarding the Agreement or this guaranty and agrees that this guaranty shall be applicable until the Agreement has terminated and all amounts due thereunder shall
been paid in iull. The undersigned guarantor agrees that in the event the account is not paid as agreed, Wal-Mart and any assignee may report the undersigned's liability tor and the status of the account to credit
!us and others who may iawfuily receive such information. Personal credit history of the undersigned guarantor will be used in making a credit decision and a consumer report on the undersigned may be obtained.
I inquiries of employers and businesses where the llndersigned guarantor maintains accounts may also be made.
uarantor's Signature Date
, ,. I..' I j . . I . I
THE UNDERSIGNED REPRESENTATIVE MUST BE ONE Of THE fOLLOWING (Check One):
'residenUChairman Q VP Q Owner/Sole Proprietor 0 General Partner 0 Officer 0 Other (please specify)
E TO BUYER: (1) 00 NOT SIGN THIS APPLICATION BEFORE YOU READ ITOR IF ANY SPACES INTENDED fOR TIlE AGREED TERMS ARE LEFT BlANK, (2) YOU ARE ENTITLEO TO A COMPLETELY flLLEO IN COpy
HE GOVERNING CREDIT AGREEMENT. {3) YOU MAY AT ANY TIME PAY THE TOTAl BALANCE UNDER THE AGREEMENT. By signing below on behalf of your business, you represent that your business is a valid
~ess entity; thai all purchases made on this account, if approved, will be (or purposes other than persooal, family, household, or agricultural use; and that you are an authorized representative of the business with
ority to enter into contractual Agreements. On behalf of the business, you certify that all information provided in this application is complete and accurate, you agree to be bound by the terms of the governing credit
ementofthetypeelectedinlhisapplication,andyouauthorizeustoobtaininformationaboutyoupersonally(whetherornotyouhavepersonallyguarantelldtheaccountj and your business from credit reportin g
Iciesand other sources we deem appropriate in considering this application a nd subsequently for purposes 01 updates, renewals or extensions of credit granted asa result of this applicat ion or in teceiving or collecting
\ccount. The person signing below certifies that all information provided is true and correct and agrees that there is no binding contract between us until your credit is approved. The Undersigned acknowledges receipt
copy of the Wal-Mart Community & Business Commercial Charge Account Agreement.
Date
horized Representative's Signature
Name (Printed)
Pr8Screen 'fA1:~t..
rSfOt8 Use Only I ! [
IUIIIOal1
Wal.MartStore'
CredilUnl
Store ManaQer'sSigl'\ature
hx"
Dale
II Iii
C66W.6/00-2340-CB
Please fax the completed application to 1-877-294-1088 or mail to:
WAL*MART'
PO BOX 103110
e ROSWELL GA 30076-9969
451
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URS
AUTHORIZATION TO PROCEED
By signing this proposal (02-184-012), Calhoun County hereby authorizes URS to proceed with
the described scope of work and agrees that the work will be performed in accordance with URS'
PSA-2, and conditions of this proposal at a cost not to exceed
Item A - Engineering Design $34,562.48
*Signature
Date
Name (Type or Print)
Title
Item B - Construction Oversite $II,255.77
*Signature
Date
Name (Type or Print)
Title
*Individual with authority to financially commit Calhoun County.
453
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URS
Honorable Arlene N. Marshall, County Judge
Calhoun County Judge
May 1,2002
Page 2
URS very much appreciates the opportunity to be of service to Calhoun County on this project,
and should you have any questions with regard to this proposal, please do not hesitate to contact
us at 713-914-6699.
Very truly yours,
~~
~tk E. Mazoch, P.E.
ProjectMana~
~:::'J~L.~
Vice President
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Attachments
1. Proposal with Scope of Work and Schedule
2. Cost Estimate
3. PSA-2
4. Rate Table
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2
454
PROPOSAL
INDIANOLA BEACH 1000-FT SHORELINE PROTECTION PROJECT
DETAILED TASK DESCRIPTIONS
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The following scope of work, cost proposal and design schedule is based on the
following features proposed for the stabilization of Indianola Beach 1000-ft Shoreline
Stabilization Project in the vicinity of the LaSalle Monument (Reference Attached
Figure). The LaSalle Monument is approximately near Station 95+00 and is presently
protected by a section of shoreline covered with a concrete rubble mound, which extends
to approximate station 85+00. URS will finalize a shoreline protection design for the
1000 foot section of shoreline. Calhoun County will provide input for the actual
beginning and end stations. The following tasks will be performed to complete the
design:
Task 1: Data Collection
URS will conduct a site survey along the referenced shoreline on the Indianola Beach to
finalize a shoreline erosion protection design.
Two soil samples will be taken along the 1000-foot shoreline section where the cellular
concrete mats on a 4H: I V slope is proposed. This soil data will be used in the cellular
concrete mat design for this reach.
Task 2: Detailed Design
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Based on the acquired data, a shoreline erosion protection design using cellular concrete
mats will be prepared. This will include optimization of plan configurations, detailed
geotechnical and structural design of the cellular concrete mats, and cut and fill volume
calculations for creating the 4H: 1 V slope.
Task 3: Drawings and Specifications
URS will prepare drawings and specifications suitable for bidding/construction. This will
include the general provisions provided by Calhoun County or the Texas General Land
Office, technical provisions, as well as any special provisions required. We anticipate
that the following drawings will be required:
1. Cover Sheet with Vicinity Map and List of Drawings;
2. General Project Site Plan, including area features and topography and
bathymetry;
3. Project Plan Sheets (2), showing designed structures in plan after
construction completion;
4. Typical Section and Detail Sheets, including the shoreline protection.
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P:\02-012\02-184 Indianola Beach. Calhoun County\Indianola Design Tasks (dlb).doc
1
455
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PROPOSAL
INDIANOLA BEACH lOOO-Ff SHORELINE PROTECTION PROJECT
Task 4: Permit Application Preparation
URS will prepare the Section 10/404 permit application and serve as the Calhoun County
agent for filing with the Galveston District Anny Corps of Engineers.
Task 5: Bidding Support
URS will assist Calhoun County with the bid process by conducting a pre-bid meeting,
receiving bids, evaluating bids, preparing one addendum, and recommending award.
Task 6: Construction Oversight
URS will assist Calhoun County with oversight of construction of the project. The
duration of the project is expected to be six weeks with oversight continuing for twice a
week during that time. URS will also collect, approve, or disapprove contractor
submittals.
Cost Estimate:
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URS will provide services to complete the above project scope based on the following
estimated schedule of values:
Task I - Data Collection ......................................................................................$5,989.15
Task 2 - Detailed Design .....................................................................................$9,418.20
Task 3 - Drawings & Specifications....................................................................$9.638.20
Task 4 - Permitting Application Preparation.......................................................$4,706.58
Task 5 - Bidding Support.....................................................................................$5,774.35
Item A - Engineering Design Total
$35,526.48
$11,255.77
Item B - Construction Oversight
URS will provide the services to complete this project through construction for a not to
exceed the cost of $46,782.25. We understand that compensation will be on a
reimbursable per complete task basis pending approval Calhoun County. Compensation
will be based on actual costs incurred in accordance with the attached rate schedule,
which is consistent with URS' contract with the General Land Office dated April 19,
2001. An attached, detailed cost estimate and contract rate sheet are provided.
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P:\02-012\02-[84 fndianola Beach. Calhoun Countyliadiarrola Design Tasks (dlb).doc
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456
PROPOSAL
INDIANOLA BEACH lOOO-FT SHORELINE PROTECTION PROJECT
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SCHEDULE
Attached is a schedule for completing the project. URS selected an arbitrary start date for
the schedule and it will be revised upon Notice to Proceed.
Week 1: Project Meeting
Week 1: Permit Application Preparation.
Week 1 - Week 2: Detailed Site Survey.
Week 3 - Week 5: Detailed Design.
Week 6 - Week 8: Drawings and Specifications.
Week 9 - Week 10: Bidding Support.
Week 11 - Week 16: Construction Oversight
DEUVERABLES
URS will provide a final submittal of the Drawings and Specifications for bidding and
construction of this project.
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P:\02-012\02-184 Indianola Beach - CalhounCounty\lndianola Design Tasks (dlb).doc
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457
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URS
INDIANOLA BEACH 1000-FOOT SHORELINE STABILIZATION PROJECT
e CALHOUN COUNTY
Item A- Engineering Services
LABOR
Position Rate Hours Subtotals Totals
Program Manager $112.00 16 $1,792.00
Deputy Program Manager $89.25 4 $357.00
Senior Consultant $131.25 12 $1,575.00
Sr. Engineer $95.55 88 $8,408.40
Staff Engineer $64.05 148 $9,479.40
Sr. Env. Scientist $89.25 0 $0.00
Staff Env. Scientist $55.65 16 $890.40
CAD/GIS Technician $45.15 116 $5,237.40
Assistant Engineer $53.55 0 $0.00
Secretarial Support $36.75 30 $1,102.50
$28,842.10
EXPENSES
Item Units Rate Quantity Subtotals
AirFare AfT $200.00 0 $0.00
Hotel Day $70.00 0 $0.00
Food Day $30.00 1.5 $45.00
e Miieage Mile $0.365 580 $211.70
Rental Car Day $60.00 0 $0.00
Telephone Call $3.00 65 $195.00
Shipments Each $25.00 7 $175.00
CAD Computer Hours $5.00 160 $800.00
Soil Testing Equipment Day $131.25 0 $0.00
Sampling Equipment Week $75.00 0 $0.00
GPS Equipment Day $42.50 0 $0.00
Field Supplies Each $100.00 0 $0.00
Reproduction LS $50.00 9 $450.00
Photography LS $0.00 0 $0.00
$1,876.70
Management & Accounting Fee 10.00% $187.67
SUBCONTRACTORS
Task Quotation: $4,200.00
Management Fee 10% $420.00
$4,620.00
TOTAL PROJECT $35,526.48
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459
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URS
INDIANOLA BEACH 1000-FOOT SHORELINE STABILIZATION PROJECT
CALHOUN COUNTY
Task No. 1 - Data Collection
LABOR
Position Rate Hours Subtotals Totals
Program Manager $112.00 0 $0.00
Deputy Program Manager $89.25 0 $0.00
Senior Consultant $131.25 0 $0.00
Sr. Coastal Engineer $95.55 8 $764.40
Staff Coastal Engineer $64.05 8 $512.40
Sr. Env. Scientist $89.25 0 $0.00
Staff Env. Scientist $55.65 0 $0.00
CAD/GIS Technician $45.15 0 $0.00
Assistant Engineer $53.55 0 $0.00
Secretarial Support $36.75 0 $0.00
$1,276.80
EXPENSES e
Item Units Rate Quantity Subtotals
AirFare AfT $200.00 $0.00
Hotel Day $70.00 $0.00
Food Day $30.00 $0.00
Mileage Mile $0.365 230 $83.95
Rental Car Day $60.00 $0.00
Telephone Call $3.00 $0.00
Shipments Each $25.00 $0.00
CAD Computer Hours $5.00 $0.00
Soil Testing Equipment Day $131.25 $0.00
Sampling Equipment Week $75.00 $0.00
GPS Equipment Day $42.50 $0.00
Field Supplies Each $100.00 $0.00
Reproduction LS $50.00 $0.00
Photography LS $0.00 $0.00
$83.95
Management & Accounting Fee 10.00% $8.40
SUBCONTRACTOR Site Survey
Task Quotation: $4,200.00
Management Fee 10% $420.00
$4,620.00
TOTAL TASK $5.989.15
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460
URS
e INDIANOlA BEACH 100D-FOOT SHORELINE STABiliZATION PROJECT
CALHOUN COUNTY
Task No. 2 . Detailed Design
LABOR
Position Rate Hours Subtotals Totals
Program Manager $112.00 8 $896.00
Deputy Program Manager $89.25 0 $0.00
Senior Consultant $131.25 12 $1,575.00
Sr. Coastal Engineer $95.55 24 $2,293.20
Staff Coastal Engineer $64.05 40 $2,562.00
Sr. Env. Scientist $89.25 $0.00
Staff Env. Scientist $55.65 $0.00
CAD/GIS Technician $45.15 40 $1,806.00
Assistant Engineer $53.55 $0.00
Secretarial Support $36.75 $0.00
$9,132.20
EXPENSES
item Units Rate Quantity Subtotals
AirFare R!T $200.00 $0.00
e Hotel Day $70.00 $0.00
Food Day $30.00 $0.00
Mileage Mile $0.365 $0.00
Rental Car Day $60.00 $0.00
Telephone Call $3.00 20 $60.00
Shipments Each $25.00 $0.00
CAD Computer Hours $5.00 40 $200.00
Reproduction lS $50.00 $0.00
Photography LS $0.00 $0.00
$260.00
Management & Accounting Fee 10.00% $26.00
SUBCONTRACTOR
Task Quotation:
Management Fee 10% $0.00
$0.00
TOTAL TASK $9,418.20
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461
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URS
INDIANOLA BEACH 1000-FOOT SHORELINE STABILIZATION PROJECT
CALHOUN COUNTY
Task No. 3 - Drawings & Specification
LABOR
Position Rate Hours Subtotals Totals
Program Manager $112.00 4 $448.00
Deputy Program Manager $89.25 $0.00
Senior Consultant $131.25 $0.00
Sr. Coastal Engineer $95.55 24 $2,293.20
Staff Coastal Engineer $64.05 40 $2,562.00
Sr. Env. Scienlist $89.25 $0.00
Staff Env. Scientist $55.65 $0.00
CAD/GIS Technician $45.15 60 $2,709.00 e
Assistant Engineer $53.55 $0.00
Secretarial Support $36.75 20 $735.00
$8,747.20
EXPENSES
Item Units Rate Quantity Subtotals
AirFare R!T $200.00 $0.00
Hotel Day $70.00 $0.00
Food Day $30.00 $0.00
Mileage Mile $0.365 $0.00
Rental Car Day $60.00 $0.00
Telephone Call $3.00 20 $60.00
Shipments Each $25.00 2 $50.00
CAD Computer Hours $5.00 100 $500.00
Reproduction LS $50.00 4 $200.00
Photography LS $0.00 $0.00
$810.00
Management & Accounting Fee 10.00% $81.00
SUBCONTRACTOR
Task Quotation:
Management Fee 10% $0.00
$0.00
TOTAL TASK $9,638.20 e
462
URS
INDIANOLA BEACH 100D-FOOT SHORELINE STABILIZATION PROJECT
e CALHOUN COUNTY
Task No. 4 - Permit Application Preparation
LABOR
Position Rate Hours Subtotals Totals
Program Manager $112.00 $0.00
Deputy Program Manager $89.25 4 $357.00
Senior Consultant $131.25 $0.00
Sr. Coastal Engineer $95.55 8 $764.40
Staff Coastal Engineer $64.05 24 $1,537.20
Sr. Env. Scientist $89.25 $0.00
Staff Env. Scientist $55.65 16 $890.40
CAD/GIS Technician $45.15 16 $722.40
Assistant Engineer $53.55 $0.00
Secretarial Support $36.75 2 $73.50
$4,344.90
EXPENSES
Item Units Rate Quantity Subtotals
AirFare AfT $200.00 $0.00
Hotei Day $70.00 $0.00
Food Day $30.00 0.5 $15.00
e Mileage Mile $0.365 120 $43.80
Rental Car Day $60.00 $0.00
Teiephone Call $3.00 5 $15.00
Shipments Each $25.00 5 $125.00
CAD Computer Hours $5.00 16 $80.00
Reproduction LS $50.00 1 $50.00
Photography LS $0.00 $0.00
$328.80
Management & Accounting Fee 10.00% $32.88
SUBCONTRACTOR
Task Quotation:
Management Fee 10% $0.00
$0.00
TOTAL TASK $4,706.58
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463
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URS
INDlANOLA BEACH 1000-FOOT SHORELINE STABILIZATION PROJECT
CALHOUN COUNTY
Task No. S - Bidding Support
LABOR
Position Rate Hours Subtotals Totals
Program Manager $112.00 4 $448.00
Deputy Program Manager $89.25 $0.00
Senior Consultant $131.25 $0.00
Sr. Coastal Engineer $95.55 24 $2,293.20
Staff Coastal Engineer $64.05 36 $2,305.80
Sr. Env. Scientist $69.25 $0.00
Staff Env. Scientist $55.65 $0.00
CAD/GIS Technician $45.15 $0.00
Assistant Engineer $53.55 SO.OO
Secretarial Support $36.75 8 $294.00 e
$5,341.00
EXPENses
Item
AirFare
Hotel
Food
Mileage
Rental Car
Telephone
Shipments
CAD Computer
Reproduction
Photography
Units Rate Quantity Subtotals
RfT $200.00 $0.00
Day $70.00 $0.00
Day $30.00 1 $30.00
Mile $0.365 230 $83.95
Day $60.00 $0.00
Call $3.00 20 $60.00
Each $25.00 $0.00
Hours $5.00 4 $20.00
LS $50.00 4 $200.00
LS $0.00 $0.00
$393.95
Management & Accounting Fee 10.00% $39.40
Task Quotation:
Management Fee 10% $0.00
$0.00
TOTAL TASK $5,n4.35
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SUBCONTRACTOR
464
URS
INDIANOlA BEACH 100o-FOOT SHORELINE STABiliZATION PROJECT
e CALHOUN COUNTY
Item B - Construction Oversite
LABOR
Position Rate Hours Subtotals Totals
Program Manager $112.00 2 $224.00
Deputy Program Manager $89.25 $0.00
Senior Consultant $131.25 $0.00
Sr. Coastal Engineer $95.55 96 $9,172.80
Staff Coastal Engineer $64.05 $0.00
Sr. Env. Scientist $89.25 $0.00
Staff Env. Scientist $55.65 $0.00
CAD/GIS Technician $45.15 $0.00
Assistant Engineer $53.55 $0.00
Secretarial Support $36.75 8 $294.00
$9,690.80
EXPENSES
Item Units Rate Quantity Subtotals
AirFare RIT $200.00 $0.00
Hotel Day $70.00 $0.00
Food Day $30.00 21.3 $639.00
e Mileage Mile $0.365 1380 $503.70
Rental Car Day $60.00 $0.00
Telephone Call $3.00 20 $60.00
Shipments Each $25.00 $0.00
CAD Computer Hours $5.00 4 $20.00
Reproduction LS $50.00 4 $200.00
Photography lS $0.00 $0.00
$1,422.70
Management & Accounting Fee 10.00% $142.27
SUBCONTRACTOR
Task Quotation:
Management Fee 10% $0.00
$0.00
TOTAL TASK $11,255.77
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465
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GENERAL CONDITIONS FOR PROFESSIONAL SERVICES
("Agreement")
This Agreement between Calhoun County. 211 S. Ann Street, Room 304, Port Lavaca,
Texas 77979-4296 ,("Client") and URS Corporation ("URS"), a Nevada corporation; ~
Westheimer. Suite 500, Houston. Texas 77042 is effective as of . The parties agree as follows:
ARTICLE I . Services. URS agrees to perform for Client the professional services ("Services") described in
URS proposal dated Mav 1, 2002 ("Proposal"), atlached and incorporated herein. Because of the
uncertainties inherent in the Services contemplated, time schedules are only estimated schedules and are
subject to revision unless otherwise specifically described in the Proposal. As full consideration for the
performance of Services, Client shall pay to URS the compensation provided for in the Proposal.
ARTICLE II . Pavment. Unless otherwise stated in an Work Order, payment shall be on a time and
materials basis under the Schedule of Fees and Charges in effect when the Services are performed.
Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the
invoice. If payment is not maintained on a thirty (30) day current basis, URS may suspend further
performance until payments are current. Client shall notify URS of any disputed amount within fifteen (15)
days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount.
Client shall pay an additional charge of one and one-half percent (1Y2%) per month or the maximum
percentage allowed by law, whichever is the lesser, for any past due amount. In the event of a legal action
for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the
prevaiiing party.
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ARTICLE III . Professional Responslbllitv. URS is obligated to comply with applicable standards ot
professionai care in the performance of the Services. Client recognizes that opinions relating to
environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions
may vary from those encountered at the times and locations where the data are obtained, despite the use
of due professionai care.
ARTICLE IV - Responsibllitv for Others. URS shall be responsible to Client for URS Services and the
services of URS subcontractors. URS shall not be responsible for the acts or omissions of other parties
engaged by Client nor for their construction means, methods, techniques, sequences, or procedures, or
their health and safety precautions and programs.
ARTICLE V - Risk Allocation. The liability of URS, its employees, agents and subcontractors (referred to
collectively in this Article as OURS"), for Client's claims of loss, injury, death, damage, or expense,
including, without limitation, Ciient's ciaims of contribution and indemnification, express or implied, with
respect to third party claims relating to services rendered or obligations imposed under this Agreement,
including all Work Orders, shall not exceed in the aggregate:
(1) The total sum of $100,000 for claims arising out of professional negligence, including
errors, omissions, or other professional acts, and including unintentional breach of contract; or
(2) The total sum of $1,000,000 for claims arising out of negligence, breach of contract, or
other causes for which URS has any legal liability, other than as limited by (1) above.
ARTICLE VI . ConsequentIal DamaQes. Neither Party shall be liable to the other for consequential
damages, including, without limitation, loss of use or loss of profits, incurred by one another or their
subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful
misconduct, negligent act or omission, or other Wrongful act of either of them.
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PSA-2.DQC 19-Mar-02
1-
466
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.,
ARTICLE VII - Client Responsibilitv, Client shall: (1) provide URS, in writing, all information relating to
Client's requirements for the project; (2) correctly identify to URS, the location of subsurface structures,
such as pipes, tanks, cables and utilities; (3) notify URS of any potential hazardous substances or other
health and safety hazard or condition known to Client existing on or near the project site; (4) give URS
prompt written notice of any suspected deficiency in the Services; and (5) with reasonable promptness,
provide required approvals and decisions. In the event that URS is requested by Client or is required by
subpoena to produce documents or give testimony in any action or proceeding to which Client is a party
and URS is not a party, Client shall pay URS for any time and expenses required in connection therewith,
including reasonable attorney's fees.
ARTICLE VIII - Force Maieure. An event of "Force Majeure" occurs when an event beyond the control of
the Party claiming Force Majeure prevents such Party from fulfilling its obligations. An event of Force
Majeure includes, without limitation, acts of God (including floods, hurricanes and other adverse weather),
war, riot, civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of
government or other authorities, law enforcement actions, curfews, closure of transportation systems or other
unusual travel difficulties, or inability to provide a safe working environment for employees.
In the event of Force Majeure, the obligations of URS to perform the Services shall be suspended for the
duration of the event of Force Majeure. In such event, URS shall be equitably compensated for time
expended and expenses incurred during the event of Force Majeure and the schedule shall be extended
by a like number of days as the event of Force Majeure. If Services are suspended for thirty (30) days or
more, URS may, in its sole discretion, upon 5 days prior written notice, terminate this Agreement or the
affected Work Order, or both. In the case of such termination, in addition to the compensation and time
extension set forth above, URS shall be compensated for all reasonable termination expenses.
ARTICLE IX - No Third Party RIQhts. This Agreement shall not create any rights or benefits to parties
other than Client and URS. No third party shall have the right to rely on URS opinions rendered in
connection with the Services without URS written consent and the third party's agreement to be bound to
the same conditions and limitations as Client.
THE PARTIES ACKNOWLEDGE that there has been an opportunity to negotiate the terms and
conditions of this Agreement and agree to be bound accordingly.
CLIENT
URS
Signature
Signature
Typed NamelTitle
Typed NameiTilIo
Date of Signature
Date of Signature
PSA-2.DOC 19-Mar.02
2 -
467
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URS
Schedule of Charges
Classification 2001 Rate
Pronram Manane;:-TPrin~1 in Char;:;e\ $129.15
Senior Consultant S132.25
DenLlt\lPronram Mananer $89.25
prOfect Manaaer S112.00
Senior En ineer $95.55
PrOiect Ennfneer $84.00
Slaff er;;i"ineer $64.05
GIS Mana er! Pro"ect Errineer Level $84.00
Sr. CAD/GIS Technician $45.15
CAD/GIS Technician $45.15
Staff Enviromentaf Scientist $55.65
SecretBiVl AccountfiVl $36.75
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468
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JAIL FEASffiILITY STUDY - AGREEMENT ON CONSULTING SERVICES
WITH THE FACILITY GROUP
Judge Marshall informed the Court the Jail Feasibility Study committee should have a
draft proposal by the end of July.
A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to
authorize the County Judge to enter into an agreement for extension of the agreement for
consulting services with The Facility Group for the jail feasibility study. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
June 6, 2002
Draft
Arlene N. Marshall
Calhoun County Judge
211 South Ann Street, Suite 304
Port Lavaca, TX 77979
Reference: Request for Contract Extension for the Jail Study
Dear Judge Marshall:
The purpose of this letter is to request an additional extension of our contract to work with the Jail Feasibility
Study Committee through the month of August, 2002.
As you will recall, our contract with the County was amended in February to extend the time for working
with the Committee on the jail portion of the study through May 31, 2002. At this point, we anticipate
having a draft of our report on the jail completed by next month, and ready for presentation to the
Commissioners' Court by late July.
No additional compensation will be required or requested. Thank you for your consideration.
Sincerely,
THE FACILITY GROUP
Bill Gamos
Senior Program Manager
cc: Bill Bauer
Peter Rich
Meyer Chaskin
469
SWAN POINT PARK RENOVATIONS - CONTRACT WITH LESTER
CONSTRUCTION
A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to
authorize Commissioner Finster to sign the contract with Lester Construction for
r~novations at Swan Point Park in Precinct 4. Commissioners Galvan, Balajka, Floyd,
Fmster and Judge Marshall all voted in favor.
e
~Fr'06-0Z ":'9,m From-
T-5eo P.OZ/OS F-Zll
Calhoun County
BOAT RAMP AND EROSION
CONTROL IMPROVEMENTS
AT SWAN POINT
SECTION 00500
\.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
STATE OF TEXAS 0
COUNTY OF CALHOUN 0
TInS AGREEMENT is dated as of the _day of . in the year 2002, by and between Calhoun
County, Texas, (hereinafter called OWNER), and LESTER CONTRACTING. INC. (hereinafter
called CONTRACTOR).
e
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set furth, agree as
follows:
Article I - WORK:
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally descnbed as follows:
''BOAT RAMP AND EROSION CONTROL IMPROVEMENTS AT SWAN POINT"
Article 2- ENGINEER:
The Project has been designed by TESTENGEER, INC. who is hereinafter called ENGINEER and who is
to act as 0 VINER's representative, assume all duties and responsibilities and have the rights and authority
assigned to ENGINEER in the Contract DocumeDts in connection with completion of the Work in
accordance with the Contract Documents.
Article 3- CONTRACT TIME:
3.1 The CONTRACTOR shall commence the work within ten (10) calendar days after the e
date written notice sha1l be given to him, and sha1l progress therewith so that the work
shall be substantia1ly completed in accordazu:e with the terms of the Contract Documents.
3.2 Liquidated Damages. The successful bidder agrees that time is of the essence of this
Contract, and that for each day of delay beyond the number of days specified fur the
substantial completion ofhis work. after due allowances for such extension of time as may
be provided, the OWNER may withhold permanently from the CONTRACTOR's total
compensation, the sum of $350.00 per day as stipulated liquidated damages for such
delay.
470
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"!lFr-O,-O, 11 :19am From-
T-sao P.O,/O, F-",
CalhOWl County
BOAT RAMP AND EROSION
CONTROL IMPROVEMENTS
AT SWANPOlNT
SECTION 00500
Article 8- CONTRACT DOCUMENTS:
The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work, consist oftbe following:
8.1 Notice to Bidders (page I).
8.2 Instructions to Bidders (pages Ito 5 inclusive).
8.3 This Agreement (pages I to 5, inclusive).
8.4 Bid Proposal (pages I to 7, inclusive).
8.5 Performance and Payment Bonds, consisting of 2 pages each to be added to this
Agreement within ten (10) calendar days of the date of this Agreement in accordance with
the Instructions to Bidders.
8.6 ContractOr's Qualification Statement submitted by CONTRACTOR at the date of the
receipt of bids (pages CQS-I to CQS-5, inclusive).
8.3.1 Standard General Conditions of the Construction Contract (pages 1 to 42, inclusive).
8.8 Supplementary Conditions of the Construction Contract (pages 1 to 9, inclusive).
8.9 Specifications titled BOAT RAMP AND EROSION CONTROL IMPROVEMENTS AT,
SWAN POINT, and incoIpOrating the Instructions to Bidders and the Technical
Specifications.
8.10 Drawings, as listed in the BID PROPOSAL.
8.11 Addenda numbers _ to --' inclusive.
8.12 The following which may be delivered or issued after the Etrective Date of the Agreement
and are not attached hereto: All Written .A m"ndments and other documents amending,
modifYing, or supplementing the Contract Documents p\l1'Slliln! to paragraphs 3.04 of the
General COnditiODS.
8.13 TIu: documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except
as may be noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents
may only be om""ded. modified or supplemented as provided in paragraphs 3.04 of the General
ConditioDS.
Article 9- MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
471
nPr-06-02 11 :19,m Prom-
T-SiO P.04/06 P-211
CalhOUll County
BOAT RAMP AND EROSION
CONTROL IMPROVEMENTS
AT SWAN.POINT
SECTION 00500
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5.1.2 Upon Substantial Completion, in an amount of ninety-five percent
(95%) of the contract price, less such amounts as rhe ENGINEER shall.
determine, or OWNER may withhold, in accordance with paragraph
14.02.0. of the GeIIera1 Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder
of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.01.
Article 6.INTEREST:
Except for retainage, ail moneys not paid when due as provided for in Article 14 of the General
Conditions, assuming prompt submittals by the CONTRACTOR, shall bear interest at the passbook
savings rare as determined at the location of the Project.
Article 7- CONTRACTOR'S REPRESENTATIVES:
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In order to induce OWNER 10 enIer into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR bas familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that in
any manner may affect cost, progress, performance or furnishing of the Work.
7.2 CONTRACTOR has reviewed and checked ail infurmation and data shown or indicated on
the COntracl Documents with respect to existing underground facilities at or contiguous to
the site, and assumes responsibility for the accurate location of said under-ground
fucilities. No additional ,""",,,.,;n~t;nns, investigations, explorations, tests, reports, studies or
similar information or data in respect of said underground fucilities are or will be required
by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the Contract
Docwnents, including specifically the provisions of paragraph 4.03 of the General
Conditions.
7.3 CONTRACTOR bas correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
7.4 CONTRACTOR bas given ENGINEER written notice of all conflicts, errors or
discrepancies that he bas discovered in the Contract Documents and the written resolution
thereofby ENGINEER is acceptable 10 CONTRACTOR.
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472
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!IF ,-OS-02 11: 1 Sam F rom-
T-5iO P.05/0S F-2ll
Calhoun County
BOAT RAMP AND EROSION
CONTROL IMPROVEMENTS
AT SWAN POINT
SECTION 00500
Article 4- CONTRACT PRICE:
4.1
OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents in current funds as follows:
SEVENTY TIIOUSAND EIGHT HUNDRED THIRTY
Dollars and
NO
Cents. (words) $ 70 830.00
( figures)
as a total sum in accordance with the Bid Proposal dated
and attached hereto.
Article 5- PAYMENT PROCEDURES:
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in
the General Conditions.
5.1
Progress Payments. OWNER shall make progress payments on account of the
ConttaCt Price on the basis of CONTRACTOR's Applications for Paymem: as
recommended by ENGINEER. CONTRACTOR'S applications for payment for
work completed by the last day of the preceding month, based upon
ENGINEER'S approval of the CONTRACTOR'S estimate, may be approved by
the OWNER, and payment made as soon as practicable thereafter. All progress
payments will be On the basis of the progress of the Work as measured by the
schedule of values established in paragraph 2.05 and 2.07 of the General
Conditions. In the even! there is no schedule of values, paymenI sha1l be made
based on the actual units of work done, as otherwise provided in the General
Requirements.
5.1.1 Prior to Substantial Completioll, progress paymenIs will be made in an
aIDOtmI equal to the percentage indicated below, but in each case, less
the aggregate of payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance
with paragraph I 4.02.0. of the General Conditions.
Ninety-live (95%) percent of the work completed.
Ninety-five (95%) percent of materials and equipment not incorporated
in the Work, but delivered, suitably stored and accompanied by
documentation satis:factory to OWNER as provided in paragraph 14.2 of
the General Conditions.
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~Fr-06-0Z 11 :ZOam From-
T-sao 1'.06/06 F-m
Calhoun COWlty
BOAT RAMP AND EROSION
CONTROL lMPROVEMENTS
AT SWAN POINT
SECTION 00500
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9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on lIIlOthcr party hereto without the written consent of the party sough! to
be bound; and specifically, but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that
the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itseJt: its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenams, agreements and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in five (5)
coWlterparts.
Two counterparts each have been delivered to OWNER and CONTRACTOR, and one has been delivered
to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER _
and CONTRACTOR or by ENGINEER on their behalf. .
This Agreement will be effective
,2002.
OWNER: CALHOUN COUNTY
BY:
Attest:
(CORPORATE SEAL)
CONTRACTOR: LESTER CONTRACTING, INC.
By:
Attest:
License No.
(CORPORATE SEAL)
Agem for service of process:
(IfCONTACTOR is a corporation, anach evidence of authority to sign..)
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474
COUNTY INSURANCE APPLICATION
County Auditor Ben Comiskey and the Court discussed and completed the application for
insurance for Calhoun County.
PRINTER IN COUNTY JUDGE'S OFFICE - MAINTENANCE CONTRACT
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A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to
authorize the County Judge to enter into an annual maintenance contract with Office
Systems Center for a printer in the County Judge's office. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in favor.
GENERAL DISCUSSION - PORT O'CONNOR FIRE DEPARTMENT TANK
TRUCK
Commissioner Finster stated Port O'Connor Fire Department has the funds to repair their
tank truck.
GENERAL DISCUSSION - DRAINAGE DITCH AT VICTORIA-CALHOUN
COUNTY LINE - PRECINCT #2
Commissioner Balajka discussed the ditch at the Victoria-Calhoun County line that
drains the property on Hengst Road and Texas Avenue in Precinct #2. Drainage District
#3 in Victoria County has the easement which drains Victoria County all right but causes
some flooding in the Calhoun area when the ditch is not cleared of silt. The ditch has
been cleaned and maintained by Calhoun County several times. Victoria County feels
this is just farmland and is not concerned. Commissioner Finster suggested an interlocal
agreement with Victoria County. Commissioner Balajka said if something is not done
before the next big rain, there could be water in the houses. Commissioner Galvan
advised doing what could be done as the property has to be protected. Commissioner
Finster was concerned with him going on Victoria County property without their consent.
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GENERAL DISCUSSION - FENCE ON COUNTY RIGHT-OF-WAY AT
MAGNOLIA BEACH IN PRECINCT #1
Commissioner Galvan said Skip Hughes has put a fence on the county right-of-way about
six or seven feet from Ocean Drive. He has contacted the District Attorney concerning
this matter.
GENERAL DISCUSSION - JAIL INSPECTION
Judge Marshall stated there was another jail inspection this morning. Terry Julian,
Executive director of the Jail Commission, recommended the jail be closed in his
previous letter. She received a letter from the consultant regarding the current status.
David Weber, Representative Gene Seaman's aide, will be at the hearing with us. The
issues are the number of prisoners and non-compliance of some conditions. There is
nothing of record to show increase in the number of beds here though we have passed
inspection for many years. She listed several concerns. She said the Jail Commission's
purpose was not to close the jail; they want to work with us.
GENERAL DISCUSSION - KOOP/COX LAWSUIT
Commissioner Floyd said he went to Houston Thursday to meet with the attorneys on the
Koop-Cox lawsuit. In July, he and Judge Marshall will be deposed.
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TIlE COURT ADJOURNED AT 12:05 P.M.
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