GM-19-04-29-080 AGREEMENT BETWEEN BRUSHY CREEK REGIONAL UTILITY AUTHORITY&
H&H FORADORY CONSTRUCTION,INC.
This Agreement is entered into between the Brushy Creek Regional Utility Authority (licreinafter
referred to as the "BCRUA") and H&H Foradory Construction, Inc. a Texas corporation, (hereinafter
referred to as"Contractor").
1. General Contract. This Agreement constitutes the entire Agreement between the parties and may not
be modified or amended other than by a written instrument executed by both parties. Documents
expressly incorporated (as if copied in full) into this Agreement include Contractor's Proposal which
is attached as Exhibit A. In the event that any discrepancies or contradictions exist between the
documents, this Agreement shall govern.
2. Contractor Obligations. Conti actor shall perform the work described in Exhibit A, (the"Project").
3. BCRUA Obligations.The BCRUA shall pay to Contractor an amount up to,but not to exceed Eighteen
Thousand Eight-hundred and Thirty-nine Dollars ($18,839.00) to perform the Obligations, unless
amended by a change order and approved by tine BCRUA. Payment will be governed by Texas
Government Code Chapter 2251, as amended. Any invoice for partial payment submitted by
Contractor must Furst be submitted and approved in advance by the Engineer for the BCRUA.
Contractor will be notified of invoice disputes within thirty (30) days of receipt of original invoice.
Once the dispute is resolved and once an amended invoice is received, if applicable, the BCRUA
payments will be submitted to Contractor witlun thirty(30)days.
4. Term of Agreement. This contract shall be in full force and effect when signed by all parties and shall
continue for a reasonable time period for the specific project and shall terminate upon project
completion or when terminated pursuant to paragraph 9 below.
5. Insurance. Contractor shall maintain insurance within the requirements below throughout the entirety
of the Agreement Term(s).
a.Workers' Compensation and Employers' Liability:
i. State of'rexas: $1,000,000 Each Accident
ii. Employer's Liability: $100,000 Each Accident
$500,000 Disease-Policy Limit
$100,000 Disease-Each Employee
iii. Waiver of Subrogation
b. Commercial General Liability:
i. Bodily Injury&Property Damage
General Aggregate Limit: $1,000,000
ii. Personal&Advertising Injury Limit $500,000
iii. Each Occurrence Limit $1,000,000
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BCRUA and Ft&H Foradory�CrnvTu ction,Inc.
The policy shall be on an Occurrence Form and include the following coverage:
Premises Operations;Personal and Advertising Injury; Medical Payments;
Liability assiuned under an Insured Contract;Independent Contractors;and Broad
Form Property Damage. Coverage provided should be at least as broad as found in
Insurance Services Office (ISO)form CG0001.
c. Commercial Automobile Liability Limits:
i. Bodily Injury &Property Damage
Combined Single Limit: $1,000,000
ii. Medical Payments: $5,000 Per Person
iii.Uninsured/Underinsured Motorist $100,000
Prior to the execution of any awarded contract by the BCRUA, the successful
Proposer shall forward Certificates of Insurance to the General Manager. The
required insurance policies shall be procured and maintained in full force and effect
for the duration of the awarded contract. Certificate Holder shall be the BCRUA
221,E. Main St.,Round Rock,Texas 78664.
6. Contractor as Independent Contractor. The Parties agree that Contractor is an independent contractor
for all purposes, with sole discretion and control regarding the time, place, and manner of the
performance of its duties for the Project. Contractor and its officers,employees and agents are not,by
the terms of this Agreement or othetivise,agents,employees or representatives of the BCRUA in any
manner. The Parties father agree that this Project is not a joint enterprise or a joint venture between
them.
7. INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
CONTRACTOR AGREES TO FULLY AND UNCONDITIONALLY RELEASE,
INDEMNIFY, DEFEND, AND HOLD HARMLESS T1-]E BCRUA ITS BOARD OF
DIRECTORS,OFFICERS,EMPLOYEES,AND AGENTS FROM ANY AND ALL CLAIMS,
SUITS, DEMANDS, LOSSES, LIABILITIES, OR DAMAGES OF ANY NATURE
WHATSOEVER, INCLUDING, BUT NOT LMTED TO, ANY AND ALL CLAIMS
RELATED TO DAMAGES OR INJURIES TO REAL OR PERSONAL PROPERTY AND
PERSONS, INCLUDING DEATH, INCLUDING ANY AND ALL RELATED COSTS,
EXPENSES, COURT COSTS, AND ATTORNEY FEES, WHETHER BROUGHT BY THE
CONTRACTOR OR ANY OF THE CONTRACTOR'S OFFICERS, EMPLOYEES,
AGENTS, OR REPRESENTATIVES, OR BY ANY THIRD PARTY, THAT MAY
DIRECTLY OR INDIRECTLY ARISE OUT OF, OR IN CONNECTION WITH THE
PERFORMANCE OF THE OBLIGATIONS BY CONTRACTOR WHETHER CAUSED BY
THE SOLE OR JOINTLY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR
WILLFUL ACTS OF THE CONTRACTOR,ITS OFFICERS,AGENTS, OR EMPLOYEES,
OR TIM BCRUA, ITS BOARD OF DIRECTORS, ITS OFFICERS, EMPLOYEES, OR
AGENTS SAVE AND EXCEPT THE SOLE AND EXCLUSIVE NEGLIGENCE OF THE
BCRUA. NEITHER PARTY HAS WAIVED NOR SHALL BE DEEMED TO HAVE
WAIVED ANY DEFENSE THAT IT MAY HAVE IN RESPONSE TO SUCH CLAIMS.
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BCRUA and H&H Foradory Construction,Inc.
8. Force Maleure.Either party shall be excused from performance and sliall not be in default in respect to
any obligation hereunder to the extent that the failure to perform such obligation is due to a Force
Majeure Event. For the purpose of this Agreement, an "Event of Force Majeure" means any
circumstance not within the reasonable control of the party affected, but only if and to the extent that
(i) such circumstance, despite the exercise of reasonable diligence, cannot be, or be caused to be,
prevented, avoided or removed by such party, and (ii) such circumstance materially and adversely
affects the ability of the party to perform its obligations under this Agreement,and(iii)such party has
taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the
effect of such event on the party's ability to perform its obligations under this Agreement and to
mitigate the consequences thereof.
9. Termination of Agreement. This Agreement may be terminated prior to the end of the term by the
BCRUA, for any reason or no reason immediately upon providing written notice addressed to the
Contractor at the addresses listed below under Notices. In the event of any such termination by the
BCRUA pursuant to this provision, Contractor shall be entitled to be paid for work completed up to
(lie date of termination.
10. Assiornent. This Agreement may not be assigned, unless both parties consent to such assignment in
writing.
11. Dispute Resolution. Before any legal action is taken to enforce any term or condition under this
Agreement, the parties hereto shall first attempt to settle the dispute by mediation, administerccl by(lie
American Arbitration Association tinder its Mediation Rules.
12. Notice. Any and all notices required by this Agreement shall be submitted to the persons and/or
organizations,as follows:
A. To BCRUA:
Karen Bondy,General Manager
221 E. Main St.
Round Rock,Texas 78664
Email: kbondy@bcrua.org
Copy to:
Stephan L. Sheets
BCRUA Attorney
309 E. Main St.
Round Rock,Texas 78664
Email: steyer ,scrrlaw.com
B. Contractor: H&H Foradory Construction,Inc.
Henry A.Foradory, Sr.
10924 U.S. 13wy. 183 SB
Austin,T gas 78747
Email: nr� �.� r-o 'e}NL
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BCRUA and H&H Foradory Construction,Inc.
Any party may change the email address or mailing address to which notices are to be sent by giving
the other parties written notice in the manner provided in this paragraph.
13. Boycott Israel Prohibition. Contractor agrees that Contractor currently does not boycott Israel,as that
term is defined in Goverrunent Code Section 808.001,as amended, nor will Contractor boycott Israel
during the term of this Agreement.
14. Amendment. This Agreement may be amended or modified only by written instrument executed by
both BCRUA and Contractor.
15. Governing Law.This Agreement shall be construed and enforced for all purposes pursuant to the laws
of the State of Texas. Venue for legal actions involving this Agreement shall be in Williamson County,
Texas with respect to state court,and the United States District Court for the Western District of Texas
with respect to federal court.
16. No Waiver of Immunities.The BCRUA does not waive, modify, or alter to any extent whatsoever the
availability of the defense of governmental immunity under the laws of the State of Texas and the
United States.
17. Severability & Waiver. If any of the terms, provisions, or conditions of this Agreement or the
application thereof to any circumstances shall be ruled invalid or unenforceable, the validity or
enforceability of the remainder of this Agreement shall not be affected thereby, and each of the other
terms,provisions,and conditions of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.A waiver regarding a breach of any term,provision,or condition of this Agreement
given by either party shall be effective only in that instance, shall not be construed as a bar or waiver
of any right on any other occasion,and shall not act as a waiver of any other breach of this Agreement
or any same or similar breach which may occur in the fixture.
18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties.
All previous oral or written promises or agreements by the parties hereto are void. "Phis Agreement
shall not be amended or altered except by a written docurnent signed by the parties.
19. Authority to Sian. By my signature below, I hereby affirm that I am an authorized representative
to bind Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date written
below:
SIGNATURES ON FOLLOWING PAGE
Service Agreement bemeen Page 4 of 5
BCRUA and H&H Foradory Construction,tnc,
H & H FORADORY CONSTRUCTION, INC.
Lot & Land Clearing • Excavating • Site Prep
10924 US I-IN y 183 SB Plt.(512)2d3-2378
Austin,Texas 787417 Fnx(512)243-1518
HUB Certified By The State of Texas
April 18, 2019
Walker Partners Proposal
804 Las Cimas Pkwy., Suite 150
Austin, Texas 78746
RE: Brushy Creek Maintenance Building Temporary Access Drive
Description Qty. Unit Unit Amount
Price
Temporary Drive: Provide labor and equipment to clear a 12 foot wide I Sum 511.315.00 $11,375 0-"
drive as per Drawing 1, includes hauling off trees, minor grading, and
tern2orary access gate.
Erosion Control: Supply and install silt fence, tree protection and I Lump 5,41;4,.,0 57,141 Uc
construction entrance as per Drawing I and Drawing C7 1. Sum
Excludes: SWPPP Book,N01, Weekly site inspections, maintenance.
Excludes: permits, testing, perimeter fencing,surveying,traffic control, bonding.
This proposal may be withdrawn if not accepted within 30 days and FI&1I Foradory Construction,Inc. reserves the right to cancel this proposal at any
time prior to work being started.
This proposal is based upon complete and correct Architectural and Structural drawings being supplied to H&H Foradory Construction,Inc.prior to
start of our work.Any changes to our drawings,changes to material and or scope of work is considered an extra.
H&H Foradory Construction, Inc.shall not be held responsible for any delays in performance of this contract due to acts of God,war,strikes,
transportation delays,material shortages or any other cause beyond reasonable control.
Standard insurance coverage is included in this proposal.Cost of any amounts greater than standard limits or costs of any additional coverage will be
the responsibility of the General Contractor.H&H Foradory Construction,Inc.will not be liable for any amounts greater than the limits ofour
standard coverage.
Due dates on invoices will be as follows,unless otherwise stated in this proposal:
Due in full upon completion of our work.
Texas Sales Tax Eremplion Cerrification.If an exemption certificate is not submitted with the approved bid,acceptance tax will be added at the lime of invoice and
completion of job
Respectfully Submitted: HenryA. Foradory, Sr.
Henry A.Foradory, Sr.
H&H Foradory Construction, Inc.
Acceptance of Proposal: Date:
E"
IT
"Al l
H&H fO ORY CON�a''T ON, IN
B '-z —1e
By:
HenryA.For or', Sr., President Da(e
13C1tUA
q^� �5�e
4-29-2019
By.
Karen Bondy,General Manager Date
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BCRUA and H&H roradory Construction,Inc_
€1VED APR 2 5 2019
Client#:42375 HHFOR
DATE(MWDDlYYYY)
ACORD.w CERTIFICATE OF LIABILITY INSURANCE 4,251241,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
-REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCERNTA T Kat Schneider
NAME: _
The Nitsche Group I PHONE 979 540-2281 - FAx
143 East Austin "A La Eag. —LAIC, of. T
AOOR£ss: katherines@thenit5chegroup.com
Giddings,TX 78942-3299 � --
979 542-3666
INSURER(S)AFFORDING COVERAGE MAIC N _
INSURER A:Cincinnati Insurance Company 110677
INSURED H&H Foradory Construction,Inc. �
INSURERS Texas Mutual Insurance Company 22945
— - ---- - -
10924 US highway 183 Sotuh INSU kll9:__--.-- - .-. — ____
Austin,TX 78747 r INSURER D:
INSURER£;
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADOL'SUBRI POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE IN R WVD POLICY NUMBER MMIDDIYYYY I Mht+DOlY'rYY LIMITS
A Ir COMMERCIAL GENERAL LIABILITY EPP0184608 0312112019 0312112420 EEpAAqC,,HppGGOCCUURRRENCE S 1 000,000
I CLAIMS-MADE rOCCUR IPRE61'SESIEao"ccTurtDnce) ,500,000
I
X! PO Ded:1,000 MEDEXP(AMoneperson) 1510,000
PERS014AL A ADV INJURY S1,000.000
GEN!AGGREGATE ECT LOC E LIMIT APPLIES PER GENEAL RAGGREGATE 52,040,000
PRO-
I I I
(POLICY �PRODUCTS-COhIPlOPAGG 52,444,440
OTHER S
A I AUTOMOBILE LIABILITY EBA0184608 3/2112019 0312112020 co E.Vcdm„sINGLE LIMIT ;,1,004,000
CXI ANY AUTO BODILY INJURY(Per person) JS
J IOWNED SCHEDULED BODILY INJURY(Per auWent)II S
AUTOS ONLY �AUTOS I S
HIRED iii NON-OWNED PROPERTY DAMAGE
X AUTOS ONLY X 5
i�AUTOS ONLY I Per accdem
X Drive Oth Car I I Is
A X UMBRELLA LIAR X I OCCUR ^� EBA0184608 1312112019111312112026 EACH OCCURRENCE I s2,000,000
EXCESS UAB n CLAIMS-MADE tt AGGREGATE S_2r000,000
DED I XI RETENTIONS0 f 5
B WORKERAND
YERS'LSATIONIRLIT 0001143384 312112019 4312112020 X _s�ATjORT"-I
AND EMPLOYERS'LIABILITY
ANY PROPRlETOR.'PARTNEFtiEXECUTIVE�YON� E L.EACH ACCIDENT I S1,000,000
OFFICERJUEMBER EXCLUDED? !_NJ N I A
(Mandatory In NH) EL DISEASE-EA EMPLOYEE $1 000,000
I(ye5,desralbe under
DESCRIPTION OF OPERATIONS below i FE DISEASE•POUCY LIMIT S1,004,000
1
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Adalllanal Remarks Schedule,may be attachad It mare space Is required)
CERTIFICATE HOLDER CANCELLATION
Brushy Creek Reginal Utility SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Authority(BCRUA) ACCORDANCE WITH THE POLICY PROVISIONS.
221 E.Main St.
Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE
ID 1988-2015 ACORD CORPORATION,All rights reserved
ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
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