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HomeMy WebLinkAbout2014-03-18-10:00AM-REGULAR MEETING, ' J r T3E.` of BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA .x!? 14 23 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 18, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 25: 3 Cancellation of the Regular Meeting of Commissioners Court for May 6 2014. 4 Consider and take action on the Application of BCS salvage Yard. 5. Appointment of the following to the Homeland Security Advisory Committee (HSAC): • a Eric Hurt Fire Chief. City of College Station • b Kenneth Utz Captain South Brazos County 6. Reappointment of the following to the Homeland Security Advisory Committee (HSACI: • a Eric Buske Chief of Police. City of Bryan • b Jeff Capps Chief of Police. City of College Station • c. Patrick Corley Executive Director. 9.1 -1 • d Chuck Frazier. Emergency Management Coordinator. Brazos County • e Jerry Henry Emergency Management Coordinator City of Bryan • t Brian Hilton Emergency Management Coordinator. City of College Station • g Bart Humohrevs Public Information Officer City of College Station • h Bill Jeanes Director of Risk Management. Brazos Countv • 1 Leslie Lutz Emergency Management/Business Continuity Coordinator Texas A &M University Vol. 199 Pg. Health Science Center • I. Kenny Mallard Commissioner Pct. 3, Brazos County • k. Randy McGregor, Fire Chief City of Bryan • I Michele Meade Deputy Emergency Management Coordinator Brazos County, • m. Brandy Norris, Assistant Chief of Police City of College Station • n. Jim Stewart Chief Deputy, Brazos County Sheriff's Office • o. Monica Weintraub. Safety & Security Texas A &M University 7. Discuss and take possible action on revisions to the lob description for Psychologist Position Division 318800 Class 1890. E� 14 10. Capital requisition #00046303 to Taser International In the amount of 5956.06 for anew laser forth Sheriff's Office. 11 12. 13. 14. 15. Approval of proposal and capital requisition #00046432 to BAD Company in the amount of $9.000,17 for time and materials estimate for additional work for the courthouse. 16. Tax Refund Applications for the following: • a. Dorls Collier Carter-overpayment-$21.15 • b. Virginia Upshawoverpayment•$10.00 • c. Mark Wardoverpayment-$87.20 17. Budget Amendments. Budget Amendments FY 13114 23.1 thru 23.6. 18. Payment authorization to Oil Purification Specialist in the amount of $588.50 for cleaning an additional 2 354 gallons of diesel In the new fuel tanks 19. Capital requisition #00046415 to Excell Fueling Systems in the amount of $2,428.00 to Purchase Inform software for remote communications on the new fuel system located at Road & Bridge. 20. Capital requisition #00046421 to Dell in the amount of $56.700.30 to Purchase a data storage comoonent for the Information Technoloov.Devartment. 21. Personnel Change of Status Personnel Action Forms Vol. 199 Pg. 22. Payment of Claims, 23. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. 24. Consider and possible action on the Executive Sessions. 25. Award and aporoval of contract and requisition for RFP 2014 -17 Construction of Tax Office Building. 26. Acknowledgement of the Brazos Valley Council of Government Comprehensive Annual Financial Report for the Year Ended September 30 2013 27. Sheriffs report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and/or concerns. 30. Adjourn. Vol. 199 Pg. 11 57) PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda Items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 or the Texas Local Government Code. Accordingly, members of the public In attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum In speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions In the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the Intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, Insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; end /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda, The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual Inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any Invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community Is required to attend or participate in the invocation and such decislo t will have no Impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 Is wheelchair accessible. Handicap parking spaces are available. Any request for sign Interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 3614102. Vol. 199 Pg. /�� ~'. BRAZOSCOUNTY BRYAN,TEXAS MINUTES March 18, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING E` Signature Page.odf &� File Stamped Agenda.odf C- Sign in sheet.odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, March 18, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Judge Peters. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 25: Vol. 199 Pg. A 5. H Cancellation of the Regular Meeting of Commissioners Court for May 6, 2014. This was removed from the agenda as there is no longer a need to cancel the meeting. Motion: Remove, Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. Consider and take action on the Application of BCS Salvage Yard. 9; Item 4 Abstention Affidavit.odf 0 Item 4 Order.odf The Court denied approval of the application of BCS Salvage Yard due to items 1 -6 showing detriment to the County and surrounding neighborhood. Commissioner Catalena abstained from voting because he owns property near the site of the salvage yard. Motion: Deny, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann. Members voting Abstain: Catalena . Appointment of the following to the Homeland Security Advisory Committee (HSAC): IL Item 5.odf • a. Eric Hurt, Fire Chief, City of College Station • b. Kenneth Utz, Captain, South Brazos County Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. Reappointment of the following to the Homeland Security Advisory Committee (HSAC): 9; Item 6.odf • a. Eric Buske, Chief of Police, City of Bryan • b. Jeff Capps, Chief of Police, City of College Station • c. Patrick Corley, Executive Director, 9 -1 -1 • d. Chuck Frazier, Emergency Management Coordinator, Brazos County • e. Jerry Henry, Emergency Management Coordinator, City of Bryan • f. Brian Hilton, Emergency Management Coordinator, City of College Station • g. Bart Humphreys, Public Information Officer, City of College Station • h. Bill Jeanes, Director of Risk Management, Brazos County • i. Leslie Lutz, Emergency Management/Business Continuity Coordinator, Texas A &M University Health Science Center • j. Kenny Mallard, Commissioner Pct. 3, Brazos County • k. Randy McGregor, Fire Chief, City of Bryan • I. Michele Meade, Deputy Emergency Management Coordinator, Brazos County • m. Brandy Norris, Assistant Chief of Police, City of College Station • n. Jim Stewart, Chief Deputy, Brazos County Sheriffs Office • o. Monica Martinez, Safety & Security, Texas A &M University item 6 -o was corrected to Monica Martinez. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. Vol. 199 Pg. Discuss and take possible action on revisions to the job description for Psychologist Position Division 318800, Class 1890. (Ii•• Item 7.1Ddf A copy of the job description is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena Cauley , Mallard , Peters, Wassermann . 8. Request from the Metropolitan Planning Organization (MPO) for out -of -state travel for Brad McCaleb, MPO Director, to attend the TRB Tools of the Trade Conference in Burlington, VT; dates of travel are July 20 -24, 2014. IU Item 8.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 9. Request from the Information Technology Department for additional funding in the amount of $20,700.30 for the purchase a Dell EqualLogic SUMO. This item was approved for FY 14 Capital Projects in the amount of $36,000, with the total price of the project costing $56,700.30. U Item 9.0 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 10. Capital requisition #00046383 to Taser International in the amount of $956.06 for a new taser for the Sheriffs Office. C Item 10. Pdf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena Cauley , Mallard , Peters, Wassermann . 11. Approval of proposal and capital requisition #00046432 to BAD Company in the amount of $9,000.00 for time and materials estimate for additional work for the courthouse. L: Item 11 Pd Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard . Peters . Wassermann . 12. Consider and take action on request from Carrera Races, Inc. for approval of a (1) lane closure on Old Reliance Road Sunday, March 30, 2014 from 8:00 a.m. to 1:00 p.m. for the Texas Wine Series Half Marathon and Vintage 5K race benefiting Still Creek Ranch. Event will be held at Messina Hof Winery &amp; Resort. See attached Contingency Plan and Course Map. Site is located in Precinct 2. L Item 12.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena Cauley, Mallard , Peters , Wassermann . 13. Consider and take action on the Replat of Riverstone Subdivision Phase One, 4.132 Acres, Block Five, Lots 45 -48; John Austin League, A -2; (City of Bryan ETJ) Brazos Vol. 199 Pg. /J;`' County, Texas. Site is located in Precinct 2. L Item 13.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley Mallard , Peters , Wassermann . 14. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right of way of Jones Road and Barnwood Road. Project will provide water to oil well. Site is located in Precinct 4. d Item 14.)d Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 15. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right of way of Stewart's Meadow Road and Old Jones Road. Project will provide water to oil well. Site is located in Precinct 4. L Item 15.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 16. Tax Refund Applications for the following: C Item 16.pdf a. Doris Collier Carter- overpayment - $21.15 b. Virginia Upshaw- overpayment - $10.00 c. Mark Ward- overpayment - $87.20 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard . Peters. Wassermann . 17. Budget Amendments. Budget Amendments FY 13/14 23.1 thru 23.6. L: Item 17.pdf 23.1 Reallocate funds for IT Services 23.2 Reallocate funds for IT Services and IT Administration 23.3 Reallocate funds for Capital Projects 23.4 Reallocate funds for Capital Projects 23.5 Reallocate funds for Capital Projects 23.6 Reallocate funds for Forfeiture- Constable Precinct 2 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 18. Payment authorization to Oil Purification Specialist in the amount of $588.50 for cleaning an additional 2,354 gallons of diesel in the new fuel tanks. 9: Item 18.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol.-199 Pg. Gz7 Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 19. Capital requisition #00046415 to Excell Fueling Systems in the amount of $2,428.00 to purchase Inform software for remote communications on the new fuel system located at Road &amp; Bridge. C Item 19.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard . Peters, Wassermann . 20. Capital requisition #00046421 to Dell in the amount of $56,700.30 to purchase a data storage component for the Information Technology Department. L Item 20.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 21. Personnel Change of Status. Personnel Action Forms C Item 21.0 A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 22. Payment of Claims. C Claims Sheet.pdf L- BILL LIST 03.18.14.pdf 7119477 through 7119706 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Wassermann . 23. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 26 through 28 then return to convene into Executive Session. Having considered the previously noted agenda items, Bill Ballard, Civil Counsel informed the Court that in order to be able to meet under 551.025 the Court must make a few determinations first. (a) The Commissioners Court of a county may conduct a closed meeting to deliberate Vol. 199 Pg. /.J-'� business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the Commissioners Court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person; (2) the attorney advising the Commissioners Court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person. At this point Commissioner Cauley moved to meet in Executive Session. The County Judge seconded the motion. It carried unanimously. The County Judge then asked Bill Ballard, Civil Counsel if he is issuing a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person. Mr. Ballard responded yes and then submitted his written determination to be included in the minutes. Having determined and voted that to deliberate in open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third party, the County Judge announced the meeting closed to the public at 10:23 a.m so that the Court could meet in Closed Executive Session to discuss business and financial issues related to a contract being negotiated as allowed by Texas Government Code 551.0725 and to deliberate medical or psychiatric records of a county employee as allowed by Texas Government Code 551.0785. The following individuals were asked to stay for the meeting: a. Jennifer Salazar, Director Human Resources Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Candy Gallego, Executive Assistant b. Gary Arnold, Road & Bridge Planning & Development Agent Charles Wendt, Purchasing Agent Irene Jett, Budget Officer 24. Consider and possible action on the Executive Sessions. E Item 24 Abstention Affdavit.odf At 11:06 a.m. the County Judge announced the meeting open to the public and on motion by the County Judge, seconded by Commissioner Cauley, the Court voted to approve a certain procedure for a specific employee. Commissioner Catalena abstained from voting. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann . Members voting Abstain: Catalena . 25. Award and approval of contract and requisition for RFP 2014 -17, Construction of Tax Office Building. U� Item 25.odf Vol. 199 Pg. /-S% The contract and requisition for RFP 2014 -17, Construction of Tax Office Building was awarded to LDF Construction in the amount of $2,879,000. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Wassermann . 26. Acknowledgement of the Brazos Valley Council of Government Comprehensive Annual Financial Report for the Year Ended September 30, 2013. d Item 26.odf The Court acknowledged receipt of the Brazos Valley Council of Government Comprehensive Annual Financial Report for the year ended September 30, 2013. 27. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 590 inmates in jail, 35 have electronic monitors and 5 are pending for monitors. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and /or concerns. There was no citizen's input. 30. Adjourn. Vol. 199 Pg. 1.01 The foregoing minutes of the Commissioners Court meeting held March 18. 2014 have been examined and are approved in open Court this 14 day of i'1 ✓r 2014, in Bryan, Brazos County, Texas. Duane Peters f-loyddWassermann County Judge Commissioner, Precinct 4 Attest: Commissioner, Precinct 1 Kenny Mallar Commissioner, ecinct 3 Karen McQueen per,,; �p� County Clerk �"i ••� �X- Vol. 199 Pg. COMMISSIONERS COURT MEETING .�-n 14- Date and Time Name C-������� Io : 00 14M Organization /Department Prm L9 At r nZ� c� 5 Vol. 199 Pe. l 6 COMMISSIONERS COURT MEETING kt-4�- 1�4'1-&Qd, lo "co �m Date and Time Name Vol. 199 Pg. Organization /Department l' n4- 0 CO MISSIONERS COURT MEETING Vol. 19 9 Pg. /Gil Organization /Department ' r AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § ,/) a �► n BEFORE ME, the undersigned authority, on IY l[to I A. W 4 personally appeared � m mxA N N. ►CA &2 , who being duly sworn, deposes and says: I. That1. Thathe/she h s a a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. f' / of the Court Agendadated 03-19-4 4 described as 1� 6ider a ppmk I Di" Q� f,� S. 4 Wtl would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or () c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or O d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or we. 3. That I will abstain f r o m participation in the matter ref n hem 1 less authorized bylaw. Signatur SWORN TO AND SUBSCRIBED BEFORE ME this the day of 44Ck) 20 BEATRI7_ D. GREEN z' '%W't Notary PUNK State at revs Notary Public in and fo J "y canm" a a,u The State of Texas [ e+✓ JUNE 11, 2014 FILED FOR Filed: / DATA County Clerk AT O' LC MC Vol. 199 Pg. / 0 ORDER NO. 14 -004 AN ORDER OF THE BRAZOS COUNTY COMMISSIONERS COURT, PURSUANT TO TEXAS TRANSPORTATION CODE CHAPTER 396 AND ITS ORDER ESTABLISHING RULES FOR JUNKYARDS, AUTOMOTIVE WRECKING AND SALVAGE YARDS, CONSIDERING THE APPLICATION OF BCS SALVAGE YARD. WHEREAS, Brazos County, Texas ( "County ") is a county of the State of Texas, having been duly created and organized under the constitution and laws of Texas, and further, the Brazos County Commissioners Court ( "Commissioners Court") is the governing body of said County; and, WHEREAS, pursuant to the Texas Transportation Code Chapter 396, and other authority, the County Commissioners, on March 12, 2013, established rules for junkyards, automotive wrecking, and salvage yards ( "Rules "); and, WHEREAS, on January 6, 2014, Brazos County received an application for junkyards, automotive wrecking and salvage yards license from BCS Salvage Yard; and, WHEREAS, on February 5, 2014, after proper notice, the Commissioners Court conducted a Public Hearing as required by Article 6, Section A of the Rules; and, WHEREAS, not more than sixty (60) days have passed following the public hearing required by the Rules; and, WHEREAS, the Commissioners Cow hearing, administrative, and procedural matters completed regarding the Application; finds and determines that all public notice, required by law have been timely initiated and NOW, THEREFORE, BE'IT RESOLVED AND ORDERED by the Brazos County Commissioners Court, for and in behalf of said County and in the public interest, as follows: THE PERMITILICENSE APPLIED FOR BY BCS SALVAGE YARD IS GRANTED DENIED The Commissioners Court denies the approval of the license /permit of bcs Salvage Yards for the following reason(s): the location of the proposed yard would be detrimental to the public health, safety, or welfare; Vol. 199 Pg. ml the location of the proposed yard would create a hazard to the environment; the location of the nearest boundary of the proposed yard would be within one thousand (1,000) feet of the nearest property line of property on which there is a church, a school, a park, a hospital, a nursing home, or a residence (single - family home, duplex, apartment, townhouse, or mobile /home), or the nearest boundary of a residential subdivision for which y County has approved a survey's plat; ,,he location of the proposed yard would be, incompatible with the surrounding development; the location of the proposed yard would be detrimental to the economic —4 welfare of Brazos County; the location of the proposed yard would be within one thousand five ,hundred (1,500) feet of a lake, river, tributary or pond; the location of the proposed yard would be within the one hundred (100)yearflood plain; the applicant has not complied with Article 5 of these rules. This order was considered, ordered, approved, and enacted at a public meeting of the Commissioners Court held in compliance with the Texas Open Meetings Act. CONSIDERED, ORDERED, APPROVED, AND ENACTED on the tT day of Krok, , 2014. SIGNED on the y of ► �t(,I,t , 2014. Duane Peters, County Judge Cordmissioner Lloyd Wassermann Precinct 1 Commissioner K Mallard Precinc 3 ATTEST: Ab6 'llr� Commissioner Sammy Catalena Precinct 2 Vol.-199 Pg. 16'S Nor 0` tlQ� Brazos County Job Description Last Updated: Template Re,mon 1 208MW012 Class Number: Pay Group: 1890 24 Title: Department: Psychologist Juvenile Grant N __ __ _ _ FLSA Status: Exempt Reports To: Deputy Director Approved Date: anger management, providing crisis intervention, and testifying in court. Testify In juvenile court to defend psychological evaluation and EECIC Category: Professional —J General5umma ry-- —__--- -- — - - - - -- - - -- The Psych ologist wig provide effective psychological and associated mental heath services for juveniles who are urrder supervision of the Brazos led- County Juvenile Services Department. This position will primarily work with juveniles that have been detained In the depaftents secure Juvenile Detention Center providing an array of psychological services to include, but not be limited to, providing individual and group therapy. conducting psychological evaluations, teaching life skills and anger management, providing crisis intervention, and testifying in court Essential Duties: Other duties may be assigned. Provide direct professional psychological and associated mental health services including conducting group, family, and individual therapy. The Psychologist will provide administration and interpretation of psychological evaluations of youth. The Psychologist will provide an array of psychological services to include, but not be limited to, providing individual, family, and group therapy; teaching life skills and anger management, providing crisis intervention, and testifying in court. Testify In juvenile court to defend psychological evaluation and recommendations. Make professional recommendations on individual cases to the probation officer and the court. Assists in planning, coerdinagng and implementing programs. Assists with and conducts staff training and development. Assists in developing and implementing new programs. Provide counseling and therapy services by utilizing In -home, office or group sessions. Develops wrlden treatment and aftercare plans. Actively participate In staff meetings and client case- staffings,. Develops and assures treatment and services provided Is In compliance with department policy, as well as with state, professional and national standards. court testimony as directed. Provide 24 -hour emergency crisis intervention. Identify juvenile needs that cannot be addressed in -house and .Provide make appropriate referral recommendations. Maintain client confidentiality. Performs other duties as they are assigned. Maintain applicable licensure(s). On call 24 hours a day, subject to irregular work hours and a non- tradidonal work schedule. Follow established policies, procedures and practices of the department. Maintain security and confidentiality of all case information, files and chronological notes as required by the Texas Family Code. Facilitates and participates in departmental programs. Other duties as assigned. The duties listed above are Intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assi ned. 5% - --- - - - - - -- -- ------------------- S ryhq n - -- Received: Deputy Director Given: Supervise and oversee Interns and or staff members regarding ongoing assignments and duties. Education Required: The Professional Counselor will have a Masters degree from an accredited college or university in social work, counseling, or psychology within sir (6) months of employment. Preferred' Doctorate Degree from an accredited college or university In Psychology or Counseling. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The Required: requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of ege, or older. Preferred: One (1) year of experience in provision of direct cllnlr:al aeMces preferred, but not required. Certificates, Licenses, Registra tions Required: Master Degree from an accredited college or university. Licensed to practice in Texas by the appropriate licensing board, or eligible to receive license within 1 year of employment (Preferred). Valid Texas driver's license with appropriate liability auto insurance coverage (Drivers license requirements must be met within 30 days if employee recently moved from another state). Vol. 199 Pa. /W/ Doctoral Degree and licensed In Texas by the Texas State Board of Examiners of Psychological as a Psychologist — or eligible for Iicensure within 2 years. Valid Texas driver's license with appropdate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Dulles require dally standing, walking, sitting, talking and listening; frequent use of hands andfor fingers to grasp, handle, pick -up, pinch, type or feel: frequent reaching with hands or arms and lilting of objects over 20 pounds; dose vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Typical' The Staff Psychologist will have knowledge of psychometrics and psychological prtncoes including behavior modification, the ability to provide individual, group. and family counseling, the ability to communicate effectively both orally and in writing. the ability to design and Implement treatment programs. Ability to conduct psychological evaluations and other assessment to include projective techniques. Ability to Communicate well with juveniles and possess basic computer knowledge and competence. performing the essential duties of this job, the employee Is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee Is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Duane Peters Date County Judge Vol. 199 Pg. / 6 7 IG BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridee DEPT. NUMBER 56001000 DATE OF COURT MEETING: March 18.2014 ITEM: Consider and take action on request from Caffera Races. Inc. for approval of a (1) lane closure on Old Reliance Road Sunday, March 30 2014 from 8:00 a.m. to 1:00 p.m. for the Texas Wine Series Half Marathon and Vintage 5K race benefiting Still Creek Ranch. Event will be held at Messina Hof Winery & Resort See attached Contingency Plan and Course Map Site is located in Precinct 2. SOURCE OF FUNDS: N/A NOTES: Event will require the use of only one lane with cones set the entire length of the route which will be manned by volunteer Course Marshals; County Sheriff Dept. personnel will be on hand to provide assistance. SUBMITTED BY: APPROVED BY: 1. R. Alan Munger, County Engineer ammy alena Commissioner, Precinct 2 This Request ilA O E by Commissioners' Court E. Duane Peters, County Judge g �q Date Vol. 199 Pg. R A C E S- 7. If applicable, is there adequate shade to prevent heat stroke? Will water be provided? Water will be staged every 1.5 miles. The course has some shade and the temperatures on March 30 should be mild (between 63 and 82 degrees). Please see the historical data provided for your raforance, 8. Who will man barricades? Barricades will be enforced by a combination of Staff and Volunteers. 9. Who will work entry gates? Maintain egress and access? Brazos County Sheriff Department will be asked to provide assistance as needed. Security 10. If volunteers or private agencies provide security, will they have appropriate phone numbers for EMS, Fire and Police? Absolutely. All Volunteers and Staff will receive explicit details. 11. Provide communications equipment. Portable radios, cell phones, access to land lines. We will communicate by Call phone and Walkie - Talkie. Event Logistics 12. Where will there be a staging area for support staff? Messina Hof is allowing all areas to be staged on their property. 13. What time will the crowd be dispersed? The event will officially close at 1 pm. At this time, everything will be broken down and packed up. 14. Appoint one person to oversee and take responsibility for the event. Who? Where located? How to contact during event? Our Race Director is Virginia Lopez Rodriguez (TAMU Class'86 - whoop!) and Megan Bowen is our point -of- contact at Messina Hof Winery & Resort. Virginia's located in San Antonio, Texas and her contact info is: Virginia Lopez Rodriguez, President, Carrara Races, Inc, 1116 West Blanco Rd, San Antonio, Texas 78232, www.CarreraRaces.com and www,TexasWineSedes.com Office: 210.764.9900 Ext 4; Cell phone # during event is 210.764.8459. 15. Remember to maintain fire lanes and access roads (20 ft clearance). Absolutely, We will be very respectful of these visa should they be in play for our event. rtiaw Yeu'anainforwaur consideration of our contingency plan. We look forward to next steps. Kind►egirds tir ` t) VlrginIa Lopez Rodriguez DIre dor , ; , 9Ref9aReCeS .00rn4"Or210'7649900,•:, - - ^S Vol. 199 Pg. //,% Actual Average Record Temperature Mean Temperature 73 OF 65 OF Max Temperature 82 OF 75 OF 96 OF (1946) Min Temperature 63 OF 54 °F 32 °F (1926) 8. Who will man barricades? Barricades will be enforced by a combination of Staff and Volunteers. 9. Who will work entry gates? Maintain egress and access? Brazos County Sheriff Department will be asked to provide assistance as needed. Security 10. If volunteers or private agencies provide security, will they have appropriate phone numbers for EMS, Fire and Police? Absolutely. All Volunteers and Staff will receive explicit details. 11. Provide communications equipment. Portable radios, cell phones, access to land lines. We will communicate by Call phone and Walkie - Talkie. Event Logistics 12. Where will there be a staging area for support staff? Messina Hof is allowing all areas to be staged on their property. 13. What time will the crowd be dispersed? The event will officially close at 1 pm. At this time, everything will be broken down and packed up. 14. Appoint one person to oversee and take responsibility for the event. Who? Where located? How to contact during event? Our Race Director is Virginia Lopez Rodriguez (TAMU Class'86 - whoop!) and Megan Bowen is our point -of- contact at Messina Hof Winery & Resort. Virginia's located in San Antonio, Texas and her contact info is: Virginia Lopez Rodriguez, President, Carrara Races, Inc, 1116 West Blanco Rd, San Antonio, Texas 78232, www.CarreraRaces.com and www,TexasWineSedes.com Office: 210.764.9900 Ext 4; Cell phone # during event is 210.764.8459. 15. Remember to maintain fire lanes and access roads (20 ft clearance). Absolutely, We will be very respectful of these visa should they be in play for our event. rtiaw Yeu'anainforwaur consideration of our contingency plan. We look forward to next steps. Kind►egirds tir ` t) VlrginIa Lopez Rodriguez DIre dor , ; , 9Ref9aReCeS .00rn4"Or210'7649900,•:, - - ^S Vol. 199 Pg. //,% �y a CL ® r d d w 0 f- ® N ,' 19 4 O a m U O ® —6Ti '« > M O (n N U � x a z w ° 00 co e � � w ca w a w a Q w z w uu a E 0 3 a �® F C4 Vol.-199 Pg. � ® C A � p r R Q f�C cc ®® o N L r ® � d 0 ® 0 to O O r a G A a ---.__ ---------- ------ �__....___..._.._ N o i- FPG r ®,.. F z l p Q W z a I /� o W o PO. f Gee¢ Vol. 199 Pg. / d v Rd i Qr CL b o m �E ) N E 0 J v © `Gr o 0 N ®� m '.., .• � arc ®t N w a w a w v F w Z o o � W Vnl 100 Po - 6. i" CL aL ♦' '• d N rl Eli ME rl x z F W cn oc O H X H z tt w a w v ] O a W w z u U a as U e � v e Z2,.. Ra ere Q rr m m Vol.-199 Pg. / tl d N 0 N 9 0 0 C7 <; ca o' CV Q m 4 r�3 tt BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: March 18.2014 ITEM; Consider and take action on the Replat of Riverstone Subdivision Phase One, 4.132 Acres Block Five Lots 45 — 48• John Austin League. A -2: (City of Bryan ETJ) Brazos County Texas. Site is located in Precinct 2. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: NOTES: • Owner/Developer: Dean Schieffer, Managing Partner /1179 Joint Venture 1, LP • Engineer /Surveyor: Hester Engineering Co. /Kerr Surveying Co. SUBMITTED BY: R. Alan Munger, County Engineer This Request is �AP VED / DENIED ( ] by Commissioners' Court Duane Peters, County Judge 311grig Date Vo1.199 Pg, 19u 2.17 -14 Application for Development Brazos County Subdivision and Development Regulations Brazos County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77803 (979) 822 -2127 Office Use Only. Master Plan _ Final Plat Be -Plat X Amending P lat _ Property Description Road Location: I RIVERSTONE DRIVE ® F.M. 1179 Legal Description: RIVERSTONE PHASE ONE BLOCK 5 LOTS 45 -48 Subdivision Description Subdivision Name: RIVERSTONE PHASE ONE Total number of lots: Tole) Acreage: 4.132 ACRES Property Owner ANAN S HI ARAGING PARTNER, 1179 J Owner name(s): 2103 TABOR ROAD, BRYAN, TX 77803 979 - 268 -8403 Judy.Segers�gmail.com Current mailing address: DAVID CARRABBA 4725 RIVER FERN COURT BRYAN TEXAS 77802 Phone number(s): 979. 776.8594, carrabba.david ®gooseneck net Applicant or Authorized Agent, Engineer or Surveyor Name and Address: GRANT CARRABBA, 4101 HWY 21 EAST, Phone number(s): 979-778-8850, gcarraloba@gslopel Name and Address: MICHAEL G. HESTER, P.E. 7607 EASTMARK DRIVE SUITE 253.8 COLLEGE STATION Phone number(s): TX 77840 979. 693.1100, mhester ®hester- enaccom Application Is for Residential (X) Mobile Home Park () Commercial ( ) Other ( ) Is any of the property located in a Floodplain or Flood Hazard area? NO (yes/no) Adutawledgmrnt: The flood heard boundary maps and other flood data used by Brains County in evatualing flood hasards to proposed developments are considered reasonable and acavate for regulatory purposes and= based an the bat avellable scientific and engineering data On rare occasions grey ter floods con and will occur and flood heights may be increased by man -made or natural aura. Issuance or a Floodplain Permit in sccordoom with the Brains County Flood Damage Prevention Ordinance dace not imply that devetopmem outside the areas orspeciei flood hasard will be flee from noodino at flood damage. Issuance of a permit shall not esate liability on the part of 8rams County or my officer or employ= of Bra= County in the event flooding or flood damage does occur. is part or all of the property within an ETJ of a Ciry7 YES (yes /no) Will any construction occur in TxDOT right -of- -ways? NO (yes /no) Application Check List: Copies of finished plat with corrections (if any): ❑ 9 copies to Brazos County ❑ One (1) copy to Brazos County Health Dept, ❑ One (1) copy to Brazos County 911 ❑ One (1) copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): D Letter from Brazos County Health Dept. — For onsite sewage evaluation. ❑ Letter from Brazos County 911 — For road names. D Letter from Water District or Company.— Stating water availability, etc.. Ifproperty is within an ETJ of a city: ❑ Approval notification from appropriate city. Applicant attest that they h6e signed this application in the capacity designated, if any, and further attests that they have read dot txcnt and the statement contained herein and any attached are true and factual. All applicants are enca ed to review the County Regulations prior to any plat submittal. It is understood that fhis application is nq fnishe r dated until all documents listed above are filed at the Brazos County Engineerin OfT)ce of licable blanks are filled in the application above. Applicant's Signature DEAN SCHIEFFER Date County Witness Date Vol. 199 Pg. _L L-5, 1' BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: March 18, 2014 SUBJECT: Temporary Utility Permit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right of way of Jones Road and Barnwood Road. Project will provide water to oil well. Site is located in Precinct 4. SUBMITTED BY: '. Salvato Right of Way Agent APPROVED BY: Irma Caulc*� Commissioner Prect 4 This request is 91PPROVED ` / DENIED 0 by Commissioners' Court Duane Peters, County Judge DATE: Vol. 199 Pg. / 7 , TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now [company name], hereinafter referred to as "Company" a b#4 1ey1 O /state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows; Facility to Cross Road Road Name & Block Number Length of Crossing TYPE - i CONSTRUCTION �(CHECK NEJaekeDriven Cased Number Facility to Parallel County goad Within RiahhOf- -Way Road Name and Block— Number rwf?11Ci1n11�1�R!�LriiTiw.'L_/- CONSTRUCTION TYPE i D" Diameter Wall Thickness Material Specification t Maximum Operation Pressure 5C) 9 5"L The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit such shall complete said construction /work within rt k workin g days. (COMPANY MUST FILL IN). construction is not begun by the 60i° day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the yob site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol.-199 Pg. /%7 Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as tong as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Conepany jails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forte herein (Le. dept/,, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply will, Brazos County requirements. Applicant agrees that jBrazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies This pernnit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair ally damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that f am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. 41ACt ,3rN ge60k -W1U -5 Company Name JQQ Vu \C"�C�� rl By: 0,►��A� Si azure Title IC�ro 1 r7�� 5 gncil5t. �e 0Wo Address City State ZIP $ (-) - -� I Telephone Number A t,%, /e . co WA Email: Vol. 199 Pa. / %,f� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 03' (2- 7.d t Y except as noted below: (Month/DayNear) EXCEPTIONS: DUZ7TIG fZugp �VfitjVT P�t�E Ml� T 8E R IW'fn ?. A Aww w -irdzos County Engineer atuee urr /�4- Title Vol. 199 Pg. 11"51 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. G Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires sspecific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 199 Pg. /y/ 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally 1' Phone —2 -4 feet, nominally 3' Gas -4 -6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. VA 199 Pg. fig, 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f, based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfili placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. It. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer_ 14. The applicant shall submit a letter of `No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. 199 Pg. / �3 F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth T e of P' eli (below deepest ditch grade) S eci I R uirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 199 Pg. /Sy N IEs t a dpi a =EgbiE 'F6 Fig b5 & o sag w o Egisbfa� e�4ai t 6d= gtg 1-211P.11311 F t e at yy s9 - ttgP� ti Bid= ba S i Ig ByB 1: u Ej aF��Igb yb�7�Ep ;$g Be ; F6 sgbl2 P:ga ag�PerH : — . —. —_— •,f,_— •— wl�ie:- w�uPi— ---_---_—•—•—•—.—•-- APW oaxar W J i.Br! RB�R��II8:8 � 1 ltd a�8��R8 l t/1 W. oI N1 • °�YRY$ y #�� °17S�Y:StMBCR= e �F�...3ng�grq@yyliq�qy�y�8 O z C .AIOIS01 • �FIIIOIIf � � y a• xsae N W N IEs t a dpi a =EgbiE 'F6 Fig b5 & o sag w o Egisbfa� e�4ai t 6d= gtg 1-211P.11311 F t e at yy s9 - ttgP� ti Bid= ba S i Ig ByB 1: u Ej aF��Igb yb�7�Ep ;$g Be ; F6 sgbl2 P:ga ag�PerH : AIIWi J.OIMB - - JSIia6 p /el...E �1.Sw�.0 1%;II{V1w9,... w:{iVY yrp.— �i+rN91Fr .�i.%•— Y � " —, 9V�9 -��1 Vol. 199 Pg. C N J p O � x tr o � N O — W t U V C C0C ~ � O V Y 3 W O R S C N W y Z V V W N O v Y — . —. —_— •,f,_— •— wl�ie:- w�uPi— ---_---_—•—•—•—.—•-- APW oaxar W J �s � 1 1 l t/1 W. oI N1 • ��_� y e O z C .AIOIS01 • �FIIIOIIf � � y .z T N W F- N AIIWi J.OIMB - - JSIia6 p /el...E �1.Sw�.0 1%;II{V1w9,... w:{iVY yrp.— �i+rN91Fr .�i.%•— Y � " —, 9V�9 -��1 Vol. 199 Pg. C N J p O � x tr o � N O — W t U V C C0C ~ � O V Y 3 W O R S C N W y Z V V W N O v Y BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: March 18, 2014 SUBJECT: Temporary Utility Permit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right of way of Stewart's Meadow Road and Old Jones Road. Project will provide water to oil well. Site is located in Precinct 4. SUBI-117TED BY: V. Salvato it of Way Agent APPROVED BY: Irma Cauley Commission This request is CYAPPROVED / DENIED Ej by Commissioners' Court Duane Peters, County Judge DATE: 3 112 1 1 T Vol. 199 Pg. I 1� TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now ftA(le/! Flf1/IL [company name], hereinafter referred to as "Company" a TWA S [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Cro ssin TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased Elm . L 0 1')AET i[1'1r1i1wL maw-17obillEms too � Facility to Parallel County Road Within RightwOr- -Way CONSTRUCTION TYPE 1`%_ Diameter Wall Thickness Material Specification ,1 Maximum Operation Pressure _50 C S T The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within Sk � working days. (COMPANY MUST FILL IM. If such construction is not begun by the 60a' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. 199 PE. /9/1 .11 W �EMMMMMMI Elm . L 0 1')AET i[1'1r1i1wL maw-17obillEms too � CONSTRUCTION TYPE 1`%_ Diameter Wall Thickness Material Specification ,1 Maximum Operation Pressure _50 C S T The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within Sk � working days. (COMPANY MUST FILL IM. If such construction is not begun by the 60a' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. 199 PE. /9/1 Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company jails to obtain a permit prior to the Installation or does not Install utilities in compliance with installation requirements set forth herein (i e. depth, location, etc), Company assumes all flnanclal responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos Counly requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which it contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any titre, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair ally damages upon demand, orfor any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's OfJlee within 14 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. I� Company Name By: MCA Si ature '�LSoocc_f,s Title 6000 Address City State Zip 'sn --)v - yy33 Telephone N1 umber Email Vol. 199 Pg. WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 03,12- Ull/ (Month/Day/Year) except as noted below: EXCEPTIONS: Plpg MVST M Le:.w ✓w0 t)r/97-4 6 RzWO FYfiv'r /7LIhV .ZIdA/r.F,.rQ Brazos County Engineer v r \ Or6re Title Vol. 199 Pz / ,�ff T sof:- ' IM, j I "-j6" 14 MI T � IVA I BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. Permittee will use best management practices ('BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way anc property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a, any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 199 Pg. / 91 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally V Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing lj the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 199 ft. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a, location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, out or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work In the event Company is required to perform emergency services, that Right of Way, and unable to notify the County Engineer prior to Company shall notify County Engineer within 24 hours of beginning allow the County Engineer's Office an opportunity to inspect th e the County Right of Way and traffic safety controls used. requires excavation in a County conducting emergency repairs, construction/repairs. This will ffi Vol. 199 ft. 113 site to ensure the integrity of F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvpe of Pimeline (below deepest ditch erade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. S. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 199 Pg. /9y yF1 �7 I 0 � I ?yF RR91a . I IC= F£�::r +sales 4� §sFi � §ER$�S$8E pp � wle6 aped n +M I'aA �Ey 6 5.- 388 ° -iERYS uw ei as8'_A 2 92 p y N b ee 8: y §i tR 4 H P E Pe' i�a s�_e LOU ja 9-1- iii jC2B �♦ Pf � 2bmt 1 P III 1�F 6ff@@ y 1 �E�b Faa' i �Cdd�e✓fQ =ppr� �t5� _—.—_—.—.—.— -------- =� gi ��� � A[ Vi e9 s1• R _� 1. •1�ltl M 1 M 9n�M Mly�l Sul. � 4 � •1 9 •IW M 'LL Ylnl�Vile Vol.-199 Pg. 9 0 J = L N 0 U Z — o _ v W� � H W � Y O 3 5 O a O O � 2 aZ �Qe N O v v +C U V CC V QY O 3t K W O J � s I=/1 O � — 4 COC 6 W U N U Y �7 I 0 � I weil.aa . I IC= +sales � wle6 aped n +M I'aA ss• #`` ?6E Itg� �G rE r,-i uw ei 1. •1�ltl M 1 M 9n�M Mly�l Sul. � 4 � •1 9 •IW M 'LL Ylnl�Vile Vol.-199 Pg. 9 0 J = L N 0 U Z — o _ v W� � H W � Y O 3 5 O a O O � 2 aZ �Qe N O v v +C U V CC V QY O 3t K W O J � s I=/1 O � — 4 COC 6 W U N U Y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO.13/14 23.1-23.6 On this the 18th day of March 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 18th day of March 2014 the Court heard and approved a budget amendment for the 2013 -2014 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessityto meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 18th day of March 2014. THE COINI IISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. Duane Peters, County u ge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 199 Pe. /X6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 23.1 Reallocation of funds to purchase a replacement server for the Datacentcr. Vol. 199 Pg. 197 INA�, . tu' Ii pr• n Vol. 199 Pg. 197 Admin of funds to BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 23.2 Vol. 199 Pg. / 1f 1l\9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 23.3 MU of funds to purchase and install the following Veederoot System: TCPi IP Ethernet module and single site inform software for umication for the fuel system. Vol. 199 Pg. /%� BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 13114 - 23.4 3/1 8/2014 of funds to purchase of the Dell EqualL.ogic SUMO Project. The approved amount for FY 14 was $36,000. The total cost of Vol. 199 Pa. act BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13!14 - 23.5 311812014 Vol. 199 Pg. o261 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 23.6 3/1812014 11TIN 1i1I . : III -m jI Forfeit-ore - Constable Pct. 2 - - -_ -- 'Reallocation of funds to the proper account for the purchase of a locked gun rack for Unit 704 that was purchased during FY 14. Vol. 199 Pg. �O;?- PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 18, 2014 Department Submitting information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Courthouse Security S.O. Jail Hanley, Sean Galo, Christine Joy Robinson, Elizabeth Approved in Commissioners' Court: March 1 014: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 199 Pe.3 Step Increase Resignation Termination Zi AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS COUNTY OF BRAZOS BEFORE b1E, the unde igned authority, on AQ r�t 7&+— personally appeared who being duly swom, deposes and says: 1. That he/she hAsPa substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No.. _ of the Court Agendadated_C.;-19-14 describedas t-b�ei t:{C�ffDYl t ✓() SStn n would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or ( )/ c. An equitable or legal ownership in real property with a fair market value of r,500 or more; or (�J d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or 3. That I will abstain from participation in the matter;efetTfo in hem I yQss authorized by law. �..%QA SWORN TO AND SUBSCRIBED BEFORE IvtE this the L -9day of "s" " :g;. BEATRIZ D, GREEN ;,,r+ '• Wary PWk. Swiedrexas Notary Public in and f .dal "•+r cuN.wM e,e :m, The State of Texas JUNE 11. 2014 Filed: FILED FOR RECORD LATE ' f y County Clerk AT- O'CLOCK KAREN. MCQUEEN Vol. 199 Pe. 9 00 C .7 m _V 0 X A r w O C .�Q.I V 2 N r- 0 n N O N 8 T i Z a i N 6 C 8$ 8$ g T M� T T 1p n m 8 ° n N 8 Y' pp p pp pp N i8 9 E 5� 0 25 i Bi g$18$, C� u N Nm O Dy � O V OJ 00 p ° y y u N O o O ya 3 Sgt � u ° a u ' o E - ^ 3 t 9 u n D° E bf < f V Q O Vol. 199 Pg. 4L5 AGREEMENT FOR CONSTRUCTION OF TAX OFFICE BUILDING RFP #2014 -17 BRAZOS COUNTY, TEXAS C:\Users \LDF0101AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL \Construction Agreement - (LDF Construction).docx Page 1 Vol. 199 Pg. -Gw TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract C:\Users\LDF010\AppData\Local \Microsoft \Windows\Temporary Internet Files \Content.Outlook \FXYTKJDL \Construction Agreement • (LDF CRnstrudion).docx Page 2 Vol. 199 Pg. -;n% AGREEMENT FOR RENOVATION OF BRAZOS COUNTY COURTHOUSE — PHASE IV This Agreement for the CONSTRUCTION OF TAX OFFICE BUILDING, Brazos County, Texas, in the amount of TWO MILLION EIGHT HUNDRED SEVE TY -NINE THOUSAND AND no./I.00 DOLLARS ($2,879,000.00), is entered into this day of March, 2014 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner "), 200 South Texas Ave., Ste. 352, Bryan, Texas 77803, and LDF CONSTRUCTION, INC. (hereinafter referred to as "Contractor "). The CONSTRUCTION OF TAX OFFICE BUILDING is hereinafter referred to as the "Project." The Architect/Engineer for the Project is the firm of BRW Architects and is hereinafter referred to as "Architect." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the "Agreement "), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # 2014.14 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub - paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatible electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification, The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Architect or Architect's consultants; (2) between the Owner and a Subcontractor or Sub — subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. C: 1UserslLDF0101AppData \LocalWicrosoft\WindowMTemporary Internet Files\ Content .Outlook\FXYTKJDL\Construction Agreement- (LDF Constru tion).docx Page 3 Vol. 199 Pg. ao9 1.1.2.1 SUMMARY OF THE CONTRACT PRICE: Contractor's price schedule, Exhibit E, indicated a best and final offer of TWO MILLION EIGHT HUNDRED SEVENTY- NINE THOUSAND AND no. /1.00 DOLLARS ($2,879,000.00) inclusive of POST -BID ADDENDUM NUMBER 1. 1.1.3 THE WORK: The term 'Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the CONSTRUCTION OF TAX OFFICE BUILDING in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: GENERALLY, the Project consists of the construction of a Tax Office building. Owner and Contractor have further agreed acceptance of the following: all items contained in POST BID ADDENDUM 1. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." C:\ Users \LDF010\AppData \Local\Microsoft \Windows \Temporary Internet Files\Content .Outlook \FXYTKJDL \Construction Agreement - (LDF Construction).dou Page 4 Vol. 199 Pg. .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. 3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work calculated from the issuance of the notice to proceed until Substantial Completion as defined under Article 9.8. .6 Day: A calendar day beginning and ending at 12:00 midnight .7 Equal; approved equal; Architect approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Architect, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Architect and Owner. .8 Date of Final Completion: The date when Architect and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not —In— Contract ( N.I.C.): Work not included in this Contract. .11 And /or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. 12 General Contractor: Same as Contractor. 13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. 14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non- C:\ Users \LDF010WppData \LocalWlicrosoft \Windows \Temporary Internet Files \Content.0utlook \FXYTKJDL \Construction Agreement - (LDF Construction).docx Page 5 Vol. 199 Pg. a/O recoverable costs by the Contractor and /or subcontractors. 15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non- recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. 16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. 18 Agreement/Contract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. 19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install' and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Architect mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the C: \Users\LDFO10\AppData \Local \Microsoft \Windows\Temporary Internet Files%Content.OutlooklFXYTKJDL \Construction Agreement - (LDF Construction).dou Page 6 Vol. 199 Pg. "2 // construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Architect shall mean; Type of evaluation that a reasonably prudent architect, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub - contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well —known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. The Contract specification(s) by BRW C. This Agreement, including the General Conditions stated herein. D. Addenda E. RFP # 2014 -17 F. Special Conditions G. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Architect. H. Wage Rate 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or C: \UserslLDF01o\AppOatalLocal \Microsoft \Windows \Temporary Internet Files \Content.0utlook \FXYTKJDL \Construction Agreement - (LDF Construclion).docx Page 7 Vol. 199 Pg. o21,A not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein, but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and /or Architect's consultants are Instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub— subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect or the Architect's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Architect Agreement. The Drawings, Specifications and other documents prepared by the C:\ Users \LDF0101HppDala \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL \Construction Agreement - (LDF Construction).dou Page 8 Vol.-199 Pg. %3 Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub — subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Architect and /or Architect's consultants. The Contractor, Subcontractors, Sub — subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and /or Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and /or the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Architect may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub - subcontractor, and material and equipment supplier, or others versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Architect or Architect's Consultants will furnish electronic data in software format in use by Architect at the time Architect's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Architect, Architect's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Architect, Architect's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Architect or Architect's consultants from the system and format used by the Architect or Architect's consultants to an alternative or upgraded system or format, whether performed by Architect, Architect's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Architect and/or Architect's consultants furnish electronic data, the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, and others agrees to hold C:\ Users \LDFOtOtAppData\ Local \Microsoft\ ndows\Temporary Internet Files\ Content .Outlook \FXYTKJDL\Construction Agreement - (LDF Construction).dou Page 9 Vol. 199 Pg. Architect, Architect's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Architect or Architect's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub - subcontractor, and material and equipment supplier, or others, any reference to the Architect and Architect's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Architect, Architect's consultants and Owner from and against, any claim or liabilities arising out of such use. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold, Director of Planning and Traffic, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall C:\ Users %LDF0101AppData \LocalWicrosoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL \Construction Agreement - (LDF Construe ion).docx Page 10 Vol. 199 Pg. A, be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6, 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled (punch listed) to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety, if any, for method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner - Contractor Agreement, as a direct result of the Architect's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. C: \Users\LDF010\AppData \Local \Microsoft \uJndows \Temporary Internet Files \Content.Outlook\FXYTKJDL \Construction Agreement - (LDF Construction).docx Page 11 Vol. 199 Pg. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a properly prepared, timely Request For Information (RFI) in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health C:\ Users tLDFOtOWppData\Local\Microsof \Windows \Temporary Internet Files\Content.Outlook\FXYTKJDL \Construction Agreement - (LDF Construction).dou Page 12 Vol. 199 Pg. 12/7 precautions, but the Contractor shall promptly report to Architect any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Architect may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals reviewed pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals C:\Users\LDF010\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \FXYTKJDL \Construction Agreement - (LDF Construction).docx Page 13 Vol. 19 9 Pg. 0*S/ required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full —time Project Superintendent with a minimum of five years of similar construction experience. Superintendent shall be approved by Architect and permanently assigned to project until full completion of project. 3.3.7 The Contractor shall employ Licensed Surveyor to locate and stake out the Work and establish necessary reference and bench marks. Work from established bench marks and reference points, layout and correctly establish all lines, levels, grades and locations of all parts of their own Work and be responsible for their accuracy and proper correlation with Work and established data. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Architect and properly accepted and authorized by Architect, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of C:\ Users\ LDFOtOAppData\ Local\Microsoft \WindowslTemporary Internet Files \Content.Outlook \FXYTKJDL \Construction Agreement - (LDF Construction).dou Page 14 Vol. 199 Pg. -,LI9 submittal will not be considered acceptable to Architect whether or not such submittal has been reviewed or stamped by Architect. Notice must be specific and transmitted in letter form. If required by Owner or Architect, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Architect, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the, prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub —let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and /or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Architect, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be C: \Users\LDF010WppData\Local \Microsoft \Windows \Temporary Internet Files \Content .Outlook \FXYTKJDL \Construction Agreement - (LDF Construction).docx Page 15 Vol. 199 Pg. 29e included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: 1 Damages to the building contents and/or building utilities or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by mechanical, electrical and plumbing subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax - exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor shall furnish Owner with sales and use tax exemption reports to enable Owner to meet state reporting requirements. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing and necessary changes shall be accomplished by C:\Users\LDF010\AppDatalLocal \Microsoft \Windows\Temporary Internet Files \Content.Outlook \FXYTKJDL \Construction Agreement - (LDF Construction).dou Page 16 Vol. 199 Pg. / appropriate Modification, 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $101,400 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent with a minimum of five years of similar construction experience and necessary assistants who shall be in attendance at the Project site during performance of the Work. The Superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect the name and qualifications of a proposed superintendent. The Owner or Architect may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Architect has reasonable objection to the proposed superintendent, or (2) that the Owner or Architect requires additional time to review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably C:\ Users\ LDF010W ppData\ Local\Microsoft\Windows\Temporary Internet Files\Content.OutlooklFXYTKJDL \Construction Agreement - (LDF Construclion).docx Page 17 Vol. 19 9 Pg. �� be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within thirty 30 days) after notification of contract award, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Architect, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time, as defined by the Architect to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub — subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. C.1 Users \LDF010WppData \Local\Microsoft\Windows \'Temporary Internet Files\ Content. Outlook \FXYTKJDL \ConstructVOfg19gent {LLDFC,,on tr ction).docx Page 18 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub - contractor represent to the Owner and Architect that the Contractor and Sub - contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Architect. Such Work shall be in accordance with approved submittals. 1 The Contractor shall make all revisions as noted by Architect and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Architect on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's review of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given C:\Users\LDF0101AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL\Construction Agreement - (LDF C n truction).docx Page 19 Vol. 199 Pg. written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's review thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In absence of such written notice the Architect's review of a re- submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. C:%UsersVLDF010WppData \Local \Microsoft \Windows \Temporary Internet Files) Content. Outlook\ FXYTKJDL NConstructignnAgre�Q�entp((LLDF n tr n).docx Page 20 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Architect proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARCHITECT, ARCHITECT'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE `INDEMNITEES "J FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION C:\ Users \LDF0101AppDatalLocalUvlicrosoft \Windows \Temporary Internet Files\ Content .Outlook\FXYTKJDL\ConstrucVnn tgn entpWDF C.�ns�tpcUon).docx Page 21 WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB- CONTRACTORS, SUB - SUB - CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND /OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK, AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18, THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub - Sub - contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Architect. the Architect's consultants and agents and employees of any of them arising out of: (1) the preparation or approval 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 the Architect, the Architect's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Architect, the Architect's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. C 1Users\LDFO10\AppDatalLocal \Microsoft \Windows\Temporary Internet Files \Content Outlook \FXYTKJDUConstructip I riegnt -ADF Co struction).docx Page 22 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Architect, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be reviewed in writing by Architect or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Architect for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Architect. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Architect. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Architect, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Architect, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break —down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Architect. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Architect and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (At a maximum, in calendar days) Prior to Day 0: Award of contract by Commissioners' Court Day 0: Notice to Proceed is delivered to Contractor after Architect provides response to Schedule of Values, List of subcontractors and Construction schedule to Contractor No later than Day 300: Contractor attains Substantial Completion No later than Day 330: Contractor attains Final Completion. C: \Users\LDFO10\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \FXYTKJDL \Constructignn fgy0gentPg F or�struction).docx Page 23 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative or such representative as the architect may designate, who may be employed by the Architect as a consultant. 4.1.1.1 Each of these terms; "Architect," "Engineer," "Arch itect/Engineer," "A/E," or "Engineer /Architect" shall mean Architect, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a new Architect whose status under the Contract Documents shall be that of the former architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Architect and Owner. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Architect, and as Architect deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site evaluations or inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. C: \Users\LDF0101AppData \Local \Microsoft \Windows \Temporary Internet Files\ ContenLOutlook \FXYTKJDL1Constructtpp.�gr�e ent- 1L�DFCgnstruction).docx Page 24 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Architect for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Architect. Communications by and with the consultants shall be through the Architect, unless otherwise approved by the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Architect's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Architect's attention in writing if he wishes to obtain Architect's opinion. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect has authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Architect's services and expenses. 4.2.7 The Architect will review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Architect is limited to only those submittals required by the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review by the Architect, Architect's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and C:1 UsersV LDF010W ppDatalLoca llMicrosoft\Windows\Temporary Intemet Files\Content. Outlookl FXYTKJDL\Construcf'gnoAgrkgp C ent a1LLDF n tructian).docx Page 25 completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's review of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Architect may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until fourteen (14) days after written request is received. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Architect's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the C:\Users\LDF010\AppDatalLocal \Microsoft \Windows \Temporary Internet Files \Content. Outlook \FXYTKJDL \Constructip oAgr�etr7�nt -Ilg F Construction).docx Page 26 V. MMI, 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Architect, this shall include showing in CPM format, both critical and non- critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Architect and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub - paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily C:\UsersU- DF010V1ppData\ Local \MicrosoftlWindowslTemporary Internet Files\ Content. Outlook \FXYTKJDL\ConstrucVnn Qt! ent JLDF Q tryction).docx Page 27 found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Architect will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Architect; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Architect; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with monthly pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by the agreement between Owner's representative and Contractor's representative that a rain or mud day occurred. Such agreement shall not be unreasonably withheld by either party; however, both parties understand and agree that the final allowance for any delay based upon adverse weather conditions shall be at the discretion of the Brazos County Commissioners Court. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay C71Users\LDF010V+ppData\ Local \Microsoft\Windows\Temporary Internet Files\ Content .0utlook\FXYTKJDLIConstruction fgr �ent�41_DF 0 tr iction).docx Page 28 began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Architect may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. For purposes of this provision, "Materially" shall mean a change in quantity of at least twenty-five percent (25 %) and a change in price of at least ten thousand dollars ($10,000.00) 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect: Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within twenty -one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a C: \Users\LDF010%ppData \Local \Microsoft \Windows \Temporary Intemet Files\ Content .Outlook\FXYTKJDL\Construction Agreement - (LDF C n truction).docx Page 29 Vol. 199 Pg. -,2 compromise, or (5) advise the parties that the Architect is unable to resolve the Claim, if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven (7) days. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Architect's decision, Architect will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub — subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub — subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub — subcontractor or an authorized representative of the Sub — subcontractor. 5.1.3 Architect and Architect's consultants may, but are not required to, communicate directly with any Subcontractor, Sub - subcontractor, or materials supplier when it is necessary to obtain information necessary for the Architect or Architect's consultants to complete its services on the Project. The Architect shall endeavor to keep Contractor C:lUserslDF010tAppOatalLocal \Microsoft \(ndows \Temporary Internet FileslContent. Outlook\ FXYTKJDL%Constructioot?Tgent _ILLDF C�n).docx Page 30 informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontractor agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub — subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the C:\UserslDFOIO%ppData\Local \Microsoft \WindowslTemporary Internet Files\ Content .Outlook%FXYTKJDL\Construction Agreement - (LDF lruction).docx Page 31 Vol. 199 PI execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub — subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub - subcontractor, or other tiers, and Owner or Architect, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner — Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own C:\ Users\ LDF010\ AppData\ Local\Microsoft\Windows\Temporary Internet Files \Content .Outlook \FXYTKJDL\Construciign gregr�entP(LLDF nstruction).docx Page 32 forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. C IUserslL DF010{ AppDatalLocallMicroscftiWindowslTemporary Internet FileslContent. Outlook lFXYTKJDL\Constructivoggreto4nt IV Cn�tru5tion).dou Page 33 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by C: \Users\LDF010\AppData \Local \Microsoft \Windows\Temporary Internet mep- Files\Content. Outlook \FXYTKJDL\Constrygtt' Ag( (LDS Construction).dou Page 34 sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect, in writing, of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work C:IUsers\LDF010WppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL\Constru ion A reement - (LDF Copstruction).docx Page 35 Vol, 99 Pg. or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than Three hundred seven (307) days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon permit acquisition following the final approval of the Agreement and receipt by the Contractor of the written notice to proceed from either the Owner or the Architect." 8.1.3 The date of Substantial completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the C: VUsers\ LDFO1o\ AppData\ Local\MicrosoftlWindows%Temporary Internet Files\ Cont ent .Outlook\FxYTKJDL%Construction A reement - (LDF �Co�n�s1 ruction).docx Page 36 Vo1.�199 Pg. d<Z amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in this Agreement are of the essence of the contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to a approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and /or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and /or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. C:\ Users\ LDF0101AppDatalLocal \MicrosoftlWindows \Temporary Internet Files\ Content. Outlook \FXYTKJDUConstruc iponAgr NentP((LLDF ons ruction).dom Page 37 8.2.8 Contractor shall bear cost of any services of Architect made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Architect. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re- execution of defective work, or extent of number of Architect's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is TWO MILLION EIGHT HUNDRED SEVENTY -NINE THOUSAND AND no. /1.00 DOLLARS ($2,879,000.00)and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner C:\Users\LOF0101HppData\Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL \Construe f\gi "ent„(UDF �grtruction).docx Page 38 to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; applications for payment shall be submitted monthly by Contractor. The Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Architect may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with C:\ Users \LDF010\AppData\Local \Microsoft \windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL\Construction Agreement - (LDF Construction).docx Page 39 Vol. 199 Pg. paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within five (5) days after receipt of the Contractor's Application for Payment and the Architect's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Architect's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has: (1) . made exhaustive or continuous on —site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Architect's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; C:1UserslLDF010WppOatalLocal \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL \Construction A reement - LDF Constru ion).dou Page 40 Vol 199 K. X 9.s .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub - contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents, 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 Owner will make monthly partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Architect. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Architect's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub - contractor no later than seven (7) days after receipt of payment from the Owner, the amount to which the Sub - contractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Sub - contractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub — subcontractors in similar manner. 9.6.3 The Architect will, upon written request, furnish to a Sub - contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect on account of portions of the Work done by such Sub - contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. C:kUsers\LDFO Internet Files\ Content. Outlook\ FXYTKJDL \ConstructiVOAtgree9m9ent -SL�DF Cans ruction).docx Page 41 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7FAILURE OF PAYMENT 91.1. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within five (5) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Architect, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut —down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Architect a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Architect's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work . If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Architect and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Architect's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Architect and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Architect will prepare a Certificate, of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which C:\ Users \LDF010WppData\Local\MNicrosoft \Windows \Temporary Internet Files\ Content .Outlook \FXYTKJDL\Construcr gr nt - DF C nstru tion).docx Page 42 the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect and Owner will in a reasonable time, make such inspection and when the Architect and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's and C:\ Users\ LDF010WppDatalLocal \MicrosoR\Windows \Temporary Internet Files \Content. Outlook \FXYTKJDL\ConstructV J?re "nt *I)F C ns ruc ion).docx Page 43 Owner's on -site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner, 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Architect: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by-the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor,to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Architect. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: C:\ Users \LDF0101AppDatalLocal \Microsoft \Windows \Temporary Internet Files \Content.Outlook \FXYTKJDL \Construct v0i91 r nt - A DF Construction Page 44 g .dou ) g . z�9 .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non- conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9.11 LIQUIDATED DAMAGES 9.11.1 Owner will suffer financial loss if the Project is not Substantially Complete on the date set forth in the Contract. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each calendar day of delay after the date established for Substantially Completion until the Work is Substantially Complete: Five Hundred dollars ($500.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor 9.11.2 If thirty (30) days after Substantial Completion of the Work the Contractor is unable to achieve Final Completion of the Project as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each additional calendar day of delay past thirty (30) days after Substantial Completion until Final Completion is achieved: One Thousand Dollars ($1,000.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Architect and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the C:\ Users \LDF010\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \FXYTKJDLVConstructVoAnreeg7gnt -11�DF Cynst ction).docx Page 45 Contractor or the Contractor's Subcontractors or Sub — subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel, and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Architect, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.21.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub — subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design C:\UserskLDF010\AppData\Local\Microsoft\Windows\Temporary Internet Files\ Content .Outlook \FXYTKJDL \ConstructV ;gr A m ent (LLDFC�ction).docx Page 46 loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty -eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Architect resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Architect or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Architect for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Architect for Project site safety conditions created or controlled by the Contractor that result in the Architect receiving a citation under the OSHA multi - employer citation provision. 10.2.13 The Contractor shall notify Owner's and Architect's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Architect to protect them from safety and health risks during the performance of their services during the construction of the Project. C:\ Users' LDF010WppData% LocallMicrosoft\WindowslTemporary Internet Files \Content. Outlook \FXYTKJDL \Construc6poOAgrgep ] gnt- 1L�DFC n�tryction).dou Page 47 10.2.15 The Architect's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Architect. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4The Architect and Architect's consultants and employees shall have no C:\ Users\ LDFOlMppDatalLocaNMicrosoft \Windows\Temporary Internet Files\Content .Outlook \FXYTKJDL \Construction Agreement - LDF C nstruction).docx Page 48 VOE 199 Pg. responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Architect shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Architect. The Contractor shall notify the Owner and Architect prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 43. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Architect all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Architect. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage C: \Users\LDF010VAppData\Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \FXYTKJDL\ConstructiQ V oAgregg ;nt -l1 OF Coru ion).docx Page 49 1I 1 Yg• which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 1,000,000 each accident $ 1,000,000 disease, policy limit $ 1,000,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable C:\ UsersILDF010WppDatalLocallMicrosofllWindows \Temporary Internet FileslContent .Outl00k1FXYTKJDL1COnstructlon Agreement -1LDF Constru tion).docx Page 50 Vol. 199 Yg. A 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. 3. Contractual Liability: (a) Bodily Injury: $ 2,000,000 each occurrence (b) Property Damage: $ 2,000,000 each occurrence $ 4,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self- insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence Note: The State of Texas has a no fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior C:\ Users \LDF010WppData\ Local \Microsoft \Windows\Temporary Internet Files\Content .Outlook \FXYTKJDL \Construction Agreement - (LDF C nstr ction).docx Page 51 Vo1.199 Pg. written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 The Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus architect fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. 11.3.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. CAUsersU.DF01 ppDataSLocaAMicrosoft \Windows \Temporary Internet Files\Content.Outlook\FXYTKJDL \Construct OAfrlq"nt - J1QF Cgnst�ction).docx Page 52 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney -in -fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect, Owner or governing authority has not specifically requested to examine prior to its being covered, the Architect, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense C:( Users\ LDF010WppDatalLocalwlicrosoft \Windows\Temporary Inlemet Files) Content .Outlook%FXYTKJDL\Constructl n Agr a enl - LDF Constr ion).docx Page 53 �01.1� leg. M7? unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Architect may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract C:1 Usersl LDF0101AppDatalLocal lMicrosoft\Windows\Temporary Intemet FileslContent. Outlookl FXYTKJDL\ConstructVoi?riwnt A F Constr ction).docx Page S4 Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of architects, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Architect. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor C:4 Usersl LDF010lAppDatalLocal \Microsoft\Windows\Temporary Internet Files\ Content .OutlooklFXYTKJDL1Constructionn fgor ent_1LLDF truction).docx Page 55 performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Owner shall make arrangements for such tests, inspections and approvals with an independent testing laboratory, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Architect timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Architect of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the C:\ Users \LDF010\AppData\Local\Microsoft \Windows \Temporary Internet Files\Content. Outlook \FXYTKJDL \ConstructipJ rlWnt - _(1�DF C n ruction).docx Page 56 Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect and Project inspector (if any). 13.5.5 If the Architect, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13,7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the C:\ UsersILDF010 \AppOalalLocallMicrosoMV indows \Temporary Internet Files\ Content .Outlook \FXYTKJDL \Constru gr nt - DF C nstruclion).dou Page 57 `Vol I ZI/ A following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. 2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON - DISCRIMINATION 13.9.11n performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub — subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4,1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty -five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of C:\ Users \LDFOtOWppOata \LocalWicrosoft \Windows \Temporary Internet Files\ Content. Outlook \FXYTKJDL\ConstructiV AarG,Gpy @nt +DDF Co r tion).docx Page 58 g. the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: 11 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph C:\ Users \LDFO10\AppData\Local\Microsoft \Windows \Temporary Internet Files\Content Outlook \FXYTKJDL \ConstrucUoA AprfWnt =ILLDF CDrlstruction).docx Page 59 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Architect, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Architect will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any C: IUserslLDF010lAppDatal Local\Microsoft\Windows\Temporary Internet Filesl Content.Outlook \FXYTKJDLVConstruction Agreement - LDF Constru ion).dou Page 60 Vol.-199 Pg. X particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Architect, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's March I 0c, —, 2014 meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Architect for use in the administration of the Contract, and the remainder to the Owner. C'\ Users kLDF010\AppData \Local%Microsoft \Windows \Temporary Internet Flles\Contenl.OuOook \FXYTKJDL \Construction Agreement - (LDF Construction).docx Page 61 Vol.-199 Pg. o2GG OWNER: BRAZOS COUNTY, TEXAS 1 , Duane Peters, Brazos County Judge 200 South Texas Ave., Suite. 352 Bryan, Texas 77803 Date: CONTRACTOR: LDF CONSTRUCTION, INC. 41--c- Lynn Foster, President 25275 Budde Road, Ste. 6 Spring, TX 77380 Date: C:\ UsersILDF0101AppDatatLocal \Microsoft\Windows \Temporary Internet Files\Content .Outlook \FXYTKJDL1Construction Agreement - (LDF C struction).docx Page 62 Vo1.199 Pg. G ? Construction of Tax Office Building Request for Proposals # 2014 -17 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361 -4292 LDF CONSTRUCTION, INC. §qANNED Bid No.2014 -17 Page 1 of 19 pages Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Wednesday, January 15, 2014 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. There will be a Pre - Proposal Conference in the 85'h District Courtroom located in the Brazos County Courthouse, Ste. 226, Bryan, Texas 77803 at 2:00 a.m. on Thursday, January 9. 2014. Release of RFP ........... ............................... .......................Tuesday, December 3, 2013 Advertisement Dates ..... ............................... .......................Tuesday, December 3, 2013 Tuesday, December 10, 2013 Pre - Proposal Conference ............ ......................Thursday, January 9, 2014 at 2:00 p.m. CST Deadline for Questions ............. .........................Friday, January 10, 2014 at 5:00 p.m. CST Proposal Submission Deadline .. .....................Wednesday, January 15, 2014 at 2:00 p.m. CST Review/ Contract Evaluations/ Negotiations . ............................... .........................January Anticipated Award ................. ............................... .........................January/February Anticipated Construction St art ................ ............................... .......................February A. PROCUREMENT DELIVERY Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. The County will consider each of these suggestions and select those that the County believes present the best `value" to the project. The County will then send the selected value engineering/ cost saving prospects to each of the top evaluated firms for consideration and pricing. This process may be repeated depending on the project and its complexity. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. Vol. 199 Pg. ,Z6f g. SUPPLIER - Same as Contractor 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor for the period designated. 3. Proposals must be received by the Purchasine Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and written price quotations will be considered. & Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non - assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the alternates and addenda 40% b. Completion time 10% c. Quality of previous, similar contracts with Brazos County 10% d. Proposer's reputation with similar projects 200/9 e. Ability to perform contract 20% 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 3 J P a g e Vol. 199 Pg. shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 23. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 24. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County, contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 25. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 26. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS Contractors with questions regarding the proposal should submit them in writing via the Brazos Valley Online Bidding System at bttps:. //brazosbid.cstx.gov: 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Denarhnent Administration Building, 200 South Texas Ave.. Suite 352, Bryan, Texas 77803 by 2:00 p.m., Wednesday, January 15, 2014. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos County web site https:/Ibrazosbid.cstx.gov. The proposer must put the proposal number and name on the front of the envelope before waiting it to the Purchasing Department. 4. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A -305 or equal) listing five (5) similar representative projects with the project's owner and architect contact information. 51 Page Vol. 199 Pg. �27� F. Trade Secrets, Confidential Information and the Texas Public Information Act Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted, and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIALPROPRIETARY is not in conformance with the Texas Public Information Act. G. Conflict of Interest The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process. Proposers. their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the Proposal. Any such contact will be grounds for rejection of the vendor's proposal. 7 1 Page Vol.-199 Pg. "2%/ K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self - insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy C. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an AXIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. 91 Page Vol.-199 Pg. ;90 that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, offce supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have !mown, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The Contractor shall contractually require each person with whom it contracts to 111Page Voi. 199 Pg. - %V 4. CERTIFICATES OF INSURANCE certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Atin.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, 13 1 Pa-0 c Vol. 199 Pg.:1 %5/ and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval 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 the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. O. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. BONDING REQUIREMENTS All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5 %) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE 15 1 Page Vol. 199 Pg. ,2 %� LDF CONSTRUCTION, INC. RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. PROPOSAL SUBMITTAL 1. The Contractor shall submit the proposal on the forms enclosed on the Brazos County web site. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The Contractor must submit an original and five (5) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP. b. Contractor's Qualification Statement (AIA Document A -305 or equal) c. Bid bond, certified check or cashier's check for 5% of the total bid amount 5. By signing the certification below, the vendor verifies that all plans and specifications have been reviewed and are considered in the pricing attached. R. LIST OF SUB - CONTRACTORS: 1. Electrical UA w t-- le C-( 2. Plumbing V )\oc n i-o n V It, n. b, 3. 4. Millwork vPh 'F— Wt 01 5. Framing L 0 F CO h!5 "�,f rA C r o n 6. Security (must be a prime subcontractor and shall not be a subcontractor to any other contractor or subcontractor and may require prior approval by the County) pro l2 r h r - rP a r�i� SCLNf' t �J 161 Page Vol. 199 Pg. �%� LDF CONSTRUCTION, INC. Audio/Visual (must be prime subcontractor and shall not be a subcontractor to any other contractor or subcontractor and may require prior approval by the 8. Concrete r 6n N Li C � S. Pricing The base proposal price below should include $80,000 for contingency allowance to be used only as directed by Brazos County. 1. Pricing for all materials and work included in a. Pricing in word format: _ J'1 r,P P = 2. Time to substantially complete (99 1/o) base proposal work: 300 days a. Number of days in word format: THREE HUNDRED CALENDAR DAYS a 66 3. From award by Commissioners' Court and receipt of the purchase order, respondent can begin work in 10 days a. Number of days in word format: TEN CALENDAR days dedkr- 4. Pricing for all materials and work included in Alternate #1: $ a�1.00l1. °� a. Pricing in word format: 'fwo b. Additional time required for Alternate #1: © d r, u c 5. Pricing for all materials and work included in Alternate #2: $ + 4 00- 6e a. Pricing in word format: =62tn c 'k�6 a ul f we r b. Additional time required for Alternate #2: de t( G, 6. Pricing for all materials and work included in Alternate #3: $ d a. Pricing in word format: *�r,)2 o v.< y V,AC s r_vr n M A r e b. Additional time required for Al6nate #3: U 7. Pricing for all materials and work included in Alternate #4: $ A P u L 'l' Y 3) % O V6 a. Pricing in word format: 'SGllers+Cek �J;ly zti4A1) A e b. Additional time required for Alternate #4: d A61 p 4 c D 8. Pricing for all materials and work included in Alternate #5: $_(� f 1it D. a. Pricing in word format: -e I e i-ee h b. Additional time required for Alternate #5: rJ 9. Pricing for all materials and work inclyped in Alternate #6: $ a t76 06 a. Pricing in word format: *y-pV A'-\a hie tNA n i ar 1 M r t b. Additional time required for Alternate #6: �p 17 Page Vol. 199 Pg. -21 LDF CONSTRUCTION, INC. Ad A( i- 10. Pricing for all materials and work included in Alternate #7: $ 5001 oro a. Pricing in word format: + CV1 i-`? O hr— `i-6u �4 i ✓� h (4.t, k el b. Additional time required for Alternate #7:./ Aa . 11. Pricing for all materials and work included in Alternate #8: $ V1, 7 d a. Pricing in word format: A?) e t!f.h jb0,A44t�A so S.o,. b. Additional time required for Alternate #8: A 12. Pricing for all materials and work cluded in Altemate #9: $ 2 Ci t oD 0 0 a. Pricing in word format: <C f b. Additional time required for Al mate #9: 13. Pricing for all materials and work included in Alternate #10• $ Oo W C - 9 700, a. Pricing in word format: hl r` F— 6 i. S 4 i c.t b. Additional time required for Alternate #10: a 14. Pricing for all materials and work included in Alternate #11: $ t' i 46 00. d a. Pricing in word format: h n n Ap Cam` b. Additional time required for Alternate #-A: 15. Pricing for all materials and work included in Alternate #12: $ eG f 400. a. Pricing in word format: } r } r a/) b. Additional time required for Alternate #42: n 16. Pricing for all materials and work included' Altemate #13: $ J e u C �- f Sj 00 61 �G a. Pricing in word format: -E- r -, , Q e h 4�%6 S u t i b. Additional time required for Alternate 013: 18 1 Page Vol. 199 Pg. /;7,f' LDF CONSTRUCTION,INC. T. Proposal Evaluation Waiver By submitting a proposal or response, each Proposer /offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION "The undersigned affirms that he /she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Firm's Name: LDF CONSTRUCTION, INC. Address: 25275 BUDDE ROAD SUITE 6 SPRING. TX 77380 Proposer'sName: MR LYNN FOSTER Position/Title: PRESIDENT Proposer's Date: JANUARY 15 2014 Subscribed and sworn to me on this 14TH day of .jANuARY in the year 10 4 Notary Public l-MY C. WALLACE My Commission expires MAY 9. 2016 �1,mn MARY CWALLACE NOTARY PUBLIC STATE OF TEXAS 19 P a K e ' �5 MY COMM, EXP. 5.9 -2016 LDF CONSTRUCTION, INC. U. ADDENDA The undersigned acknowledges receipt of the following addenda issued during the time of Bidding and includes the several changes therein in this Proposal. No. ONE No. TWO No. THREE Date 1/6/14 Date 1/9/14 Date 1/13/14 V. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have not been communicated to any other Contractor prior to the official opening. Signed By: � Title: PRFC D .NT Typed Name: MR. LYNN FOSTER Company Name: LDFLDF CONSTRumogINC. Phone No. 281 -353 -0936 Mailing Address: 25275 BUDDE ROAD, SUITE 6 SPRING TX 77380 P. 0. Box or Street City State Zip Employer Identification Number: 76- 0602217 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. 2014 -17 By signing below, Brazos County agrees that this RFP 2014 -17 will be awarded to the vendor whose name appears above and oth ties a terms and conditions contained herein. By: Brazos County Commissioner's Court Attest: Brazos County Vol. 199 Pg. ;2yo 20 1 Fake 25275 BUDDE RD., STE. 6 SPRING, TX 77380 -2287 PHONE. (281) 353 -0936 FAT(: (281) 353 -2482 February 19, 2014 Mr. William C. Wendt BRAZOS COUNTY TAX OFFICE 200 S. Texas Ave., Ste. 252 Bryan, TX 77803 RE: Brazos County Tax Office Project "Best and Final Offer" Dear Mr. Wendt: We are pleased to provide you with a revised quote for the Brazos County Tax Office based on the Post - Bid Addendum No. 1 Documents. Our revised quote includes the Base Bid, Alternate No. 2 deduct, and all changes detailed on the Post-Bid Addendum No. 1 dated February 77, 2014. �Our revised jquote is �`2 ,, // Thank you for this opportunity to re -bid this project. If you have any questions please do not hesitate to contact the Project Manager, Lynn Foster. Respectfully, LDF CONSTRUCTION, INC. Lynn Foster President LF /Ikh Vol. 199 Piz. ""-X/ Ii Brazos County T t `, Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #1 to 2014 -17 Construction of Tax Office Building Issued: January 6, 2014 Change: Clarification; Correction Reason: Vendor Question The lighting fixture "A2" indicated on the lighting plan shall be a recessed 2x2 direct/indirect lighting fixture. The ordering information shall be added to Sheet E6.1 equal to Lithonia: 2AV G 2 24T5H0 MDR MVOLT GEBl0PS. (120volt, 48 watts, 2 -24W T5HO lamps). This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: Vol. 199 Pg. ') Y'z r: Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361 -4292 FAX (979) 361.4293 Addendum #2 to 2014 -17 Construction of Tax Office Building Issued: January 9, 2014 Change: Clarifications and changes Reason: Vendor Questions The following nine (9) pages are inclusive of addendum #2 for this RFP. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: Vol. 199 Pg. 'Ij -3 01/08/2014 ADDENDUM NO. 2 DATE: January 8, 2014 PROJECT No: 212147,00 BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FWY. S. SUITE 4000 COLLEGE STATION, TEXAS 77845 979- 694 -1791 FAX 694 -8293 W Ww.RRWARCH.COM BRAZOS COUNTY TAX OFFICE BRYAN, TEXAS The Construction Documents on the above referenced project, dated 11/12/2013, shall be revised as follows: DRAWINGS Item No.1 (RE: Sheet C1.1) —The Legend shall be modified as follows: <CSI> STAINED CONCRETE / KEMIKO STONE TONE STAIN / COLA STAIN <CS2> STAINED CONCRETE / KEMIKO STONE TONE STAIN / GREEN LAWN STAIN <CS3> STAINED CONCRETE / KEMIKO STONE TONE STAIN / MALAY TAN <CS4> ( STAINED CONCRETE / KEMIKO STONE TONE STAIN / AQUA BLUE STAIN Note: Color selections are preliminary only and subject to change based on the results of the mock- up panel. Item No.2 (RE: 1/A3.1) —Door Type K shall be modified as shown in attached Sheet AD2.1. Maximum height of lever handle is indicated. Item No.3 (RE: 11 & 12/A3.3) — The Break Room 11191 Interior Elevations shall be modified as shown in attached Sheet AD2.2. The counter height is reduced so that all counters in the Break Room are in the same plane, eliminating the drop at the sink. Item No.4 (RE: 16/A3.3) — The Drive Thru 1109) Interior Elevation shall be modified as shown in attached Sheet A132.3. The counter depth is reduced to 2' -0 ". Item No,5 (RE: 2, 3, 4, 5, 6, 7, 8, & 10/A3.4) — The Millwork Details shall be modified as shown in attached Sheets AD2.4, AD2.5, & AD2.6. The typical countertop depth is reduced to 2' -0 ", and countertop height in Break Room 11191 is reduced to 2' -10 ". Note that where sinks are installed in plastic laminate countertops, countertop height may need to be slightly adjusted so that the top of the rim of the sink is 2' -10" maximum above finished floor. BRAZOS COUNTY TAX OFFICE VODAEjJOM'r, go `" 01108/2014 PAGE 1 OF 2 Item No.6 (RE: 15/A3.4) —The Enlarged Plan shall be modified as shown in attached Sheet AD2.7. The keynotes were previously shown upside -down and have been corrected. SPECIFICATIONS Item No.7 (RE: Section 033620 - Colored Concrete Finishes - Penetrating Stain) — Part 2.01 MATERIALS shall be replaced with the following: A. Penetrating Reactive Slain: Kemiko Stone Tone Concrete Stain as manufactured by Kemiko Concrete Products, Inc.; P.O. Box 1109, Leonard, TX 75452; telephone 888 - 268 -3909; www.kemikostainforconcrete.com. Comply with the following: 1. Type: Penetrating reactive stain that chemically combines with cured concrete to produce variegated coloring effects. 2. Sealer: Manufacturer's recommended sealer suitable for exterior conditions. CLARIFICATIONS Item No.8 (RE: 2/C1.1, Section 033620) — Contractor is responsible to provide all necessary tools, equipment, materials, services, etc. required to lay out and construct the concrete plaza design (including but not limited to surveying services, templates, etc.) Architect will provide electronic linework of the plaza design in AutoCAD format. Item No.9 (RE: Sheet S5.0) — The grade beam details do not indicate a horizontal joint between grade beams and slab, i.e. a monolithic pour. However, a horizontal cold joint between beams and slab IS also acceptable. Earth formed grade beams ARE acceptable for the interior beams if soil retainers are installed within the trenches. Trapezoidal void forms ARE NOT acceptable. SUBSTITUTIONS Item No.10 (RE: Sheet E6.1, Lighting Fixture Schedule; Section 265112 - Interior Luminaires) — Cooper Lighting and US Architectural ARE acceptable manufacturers for the specified light fixtures, provided that substituted fixtures are equal to or better than specified fixtures in terms of quality, performance, and aesthetics. Luminis, Lightway, and FC Lighting ARE NOT acceptable substitutions. Item No.11 (RE: Section 102113 - Toilet Compartments) — Ampco and Accurate Partitions ARE acceptable substitutions for the specified solid plastic toilet partitions. Item No.12 (RE: Section 102800 - Toilet, Bath, and Laundry Accessories) — American Specialties and AJ Washroom ARE acceptable substitutions for the specified toilet accessories. Item No.13 (RE: Section 149200 - Pneumatic Tube System) — Hamilton Safe / Air Products IS NOT an acceptable substitution for the specified pneumatic tube system and related accessories. The specified equipment will handle the large items like license plates required by the typical transactions for this building. Item No.14 (RE: Section 283100 - Fire Alarm System) — Gamewell /FCI, Honeywell, and Silent Knight ARE NOT acceptable substitutions for the specified fire alarm system components. Siemens is required to standardize County equipment. Attachments: AD2.1, AD2.2, AD2.3, AD2.4, AD2.5, AD2.6, AD2.7 END OF ADDENDUM NO. 2*-***-*** * * * * * * * * * * * * * * * * * * * *. * * * * * * * * ** BRAZOS COUNTY TAX OFFICE IgEIQ4M TjQ11 07/06/2014 PAGE 2 OF 2 DATE: PROJECT: PROJECT NUMBER: SUBJECT: BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FRWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694.1791 WWW.BRWARCH.COM JANUARY 8, 2014 BRAZOS COUNTY TAX OFFICE 212147.00 DOOR TYPES I NI I O ar (-,1 SOLID CORE WOOD U Vol A3 DOOR TYPES Vol.-199 Pg. 01/08/2014 ADDENDUM DRAWING DRAWNG NO. (ADZI 9� F�-0 F.F. 12/A33 R. Poo OV08/2014 L P1 uoou� O K 0920.28 0840.01 1 " 0640.05 6 EOUA 0640.76 M N Q L? Lo N rl l tK1UK tLtVA AD AWMM DRAWW NO. (ADU BROWN REYNOLDS WATFORD B B ARCHITECTS 2700 EARL RUDDER FRWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694.1791 W W W.BRWARCH.COM DATE: JANUARY B, 2014 PROJECT: BRAZOS COUNTY TAX OFFICE PROJECT NUMBER: 212147.00 SUBJECT: INTERIOR ELEVATIONS 9� F�-0 F.F. 12/A33 R. Poo OV08/2014 L P1 uoou� O K 0920.28 0840.01 1 " 0640.05 6 EOUA 0640.76 M N Q L? Lo N rl l tK1UK tLtVA AD AWMM DRAWW NO. (ADU )ATE: )ROJECT: )ROJECT NUMBER: ;UBJECT: BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FRWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694.1791 W W W.BRWARCH.COM JANUARY 8, 2014 BRAZOS COUNTY TAX OFFICE 212147.00 INTERIOR ELEVATIONS 0' -0" F_�- 01/08/2014 16/A3.31,4 0 aFVATK"' Vol. 199 Pg. � ADDENDUM DRAWING DRAWNG NO. (AD23 BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FRWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694.1791 WWW.BRWARCH.COM DATE: JANUARY 8, 2014 PROJECT: BRAZOS COUNTY TAX OFFICE PROJECT NUMBER: 212147.00 SUBJECT: MILLWORK DETAILS 0920.28 0610.03 0640.07 064D.45 01/08/2014 1' -11" 1' -2" ® SIM. ADDENDUM DRAWING DRAWING NO. (ADU 3/AM "u'-w°RK DEAL 2/A3.4 "'-'Ir-w°RK m7AL PL1 6/A3.4 'r 4-1L-WOORK DErAL 4/A3.4 "LLWORK mAL Vol.-199 Pg. di N DATE: PROJECT: PROJECT NUMBER: SUBJECT: BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FRWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694.1791 W W W.BRWARCH.COM JANUARY 8, 2014 BRAZOS COUNTY TAX OFFICE 212147.00 MILLWORK DETAILS 01/08/2014 5/A3.4 .NLMORK DETAL .-irl, I F Ho k, I K s DRAWNC NO. /'1./25 A / e'2 A MILLWORK DETALol. 199 Pg� 02 A NAUMM MAL 9 90 0 a o 3 O g p W z U .- OC < WU w � � P Lu Z =W r tam U ��� P OUP3 n <N'm 94 0 0 U W W a ~ J R } Q N Z Q >� 8 0�0 � �3 zN� aCLNf W Cm L z H � H Q ON ON m il —„ •- �Q��3 -r iy—Fo, Ric ter / m. � �(T h DATE: PROJECT: PROJECT NUMBER: SUBJECT: BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FRWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694.1791 WWW.BRWARCH.COM JANUARY 8, 2014 BRAZOS COUNTY TAX OFFICE 212141,00 MILLWORK DETAILS 01/08/2014 "1913 ADDENDUM DRAWING DRAWING NO. (AD27 15/A3.4�"" "' Vol. 199 Pg. �7y1 ;piE Op Brazos County ,r f <; OF Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #3 to 2014 -17 Construction of Tax Office Building Issued: January 13, 2014 Change: Clarifications and changes Reason: Vendor Questions The following twelve (12) pages are inclusive of addendum #3 for this RFP. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: Vo1.199 Pg. 2,��5 01/13/2014 ADDENDUM NO. 3 DATE: January 13, 2014 PROJECT NO: 212147.00 BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FWY. S. SUITE 4000 COLLEGE STATION, TEXAS 77845 979 -694 -1791 FAX 694.8293 W W W.BRWARCH.COM BRAZOS COUNTY TAX OFFICE BRYAN, TEXAS The Construction Documents on the above referenced project, dated 11 /12/2013, shall be revised as follows: DRAWINGS Item No.1 (RE: Sheet T1.1, Index of Drawings) —The following sheets shall be added to the index of drawings: C2.3 STRIPING AND SIGNAGE —after Sheet C2.2 L1.2 LANDSCAPE PLAN — after Sheet L1.1 Item No.2 (RE: Sheet C1.1) — The flagpole base detail and associated keynotes on attached Sheet AD3.1 shall be added to Sheet C1.1. Item No.3 (RE: Sheet C2.1) — Sheet C2.1 is re- issued as shown on attached Sheet C2.1. Gray hatching is added to indicate new concrete vs. existing concrete. Item No.4 (RE: Sheet C2.2) — Sheet C2.2 is re- issued es shown on attached Sheet C2.2. Locations of utilities are updated to more accurately reflect existing conditions. Item No.5 Attached Sheet C2.3 shall be added to the drawing set after Sheet C2.2. Parking lot striping and signage for the existing surrounding site paving is added to the scope of this project. Note: Items shown on Sheet C2.3 shall be included in the price of Alternate No. 1. Item No.6 Attached Sheet L1.2 shall be added to the drawing set after Sheet L1.1. Landscaping for the surrounding site is added to the scope of this project. "Phase 1" represents items being added to the scope as part of this addendum. "Phase 2" represents items already in the scope which are shown on Sheet L1.1. "Phase 3" represents future landscaping which is not part of this contract. Landscaping shown in the islands adjacent to the building which is redundant shall be installed per Sheet L1.1. Note: Items shown on Sheet L1.2 shall be included in the price of Alternate No. 1. BRAZOS COUNTY TAX OFFICE A ®ADf.NA,Up4 TFLREEE �9� 01/13/2014 PAGE 1 OF 5 9. Item No.7 (RE: Sheet M3.1, HVAC Legend) —The following wording shall be added to "THERMOSTAT ": "INSTALL AT 46" A.F.F. MAX." Item No.8 (RE: Sheet P1.1, Keyed Notes) — Keyed notes #1 and #5 shall be revised as follows: Replace wording "APPROXIMATE DISTANCE TO EXISTING PIPING CONNECTION IS 25 FEET." with "CONNECTION TO EXISTING PIPING 15 WITHIN 10 FEET OF BUILDING OUTLINE." Item No.9 (RE: 1/E1.1 Lighting Plan) —The following revisions shall be made: a. Add exit signs X1 at the following locations: 1. exterior door in Attorneys [1051 2. exterior door in Break Room [119) b. Six exit signs at the following locations shall be revised from type Xt to type X2: 1. Vestibule Door 101A 2. Vestibule Door 101B 3. Reception (1281 4. Reception near Door 129 5. Lobby Exterior Door 104 6. Cubicles North Exit Door 110 c. Storage Room [116] — One (1) 2x4 recessed luminaire shall be Type "C2E" in lieu of type indicated. d. Electrical Room [1171— One (1) 2x4 recessed luminaire shall be Type "C2E" in lieu of type indicated. e. Break Room [1191 - Four (4) 2x4 recessed luminaires shall be Type "A" and "AE" respectively in lieu of the "B" and "BE" fixtures indicated. Item No.10 (RE:1 /E1.2 Mezzanine Lighting Plan) — Add one exit sign Xt at the top of Stair (1221• Item No.11 (RE: Sheet E2.1, Keyed Notes) — On keyed note N6, add the word "continuous" after 4" and before "rigid." Item No.12 (RE: 1 /E2.1 Power Plan) — Provide 3 -pole combination disconnect/starter on west wall of Riser Room [1291, circuit M- 25,27,29 for compressor connection. On EDH -1, circuit shall be revised to read MDP- 17,19,21 in lieu of M- 25,27,29. Item No.13 (RE: 1/E2.2 Mezzanine Power Plan) — On EDH -2, circuit shall be revised to read MDP- 23,25,27 in lieu of M- 31,33,35. Item No.14 (RE: Sheet E6.1, Lighting Fixture Schedule) — The following revisions shall be made: a. Add fixture "X2" beneath fixture "X7 ". Fixture "X2" shall be: X2 Lithonia EDG_R_EL (Surface Mount LED Edge -Lit Exit, Brushed Aluminum, red on clear, nickel - cadmium battery). b. Delete fixture "SE ". c. Delete fixture "Z ". d. Lighting Fixture "A and AE" — All Luminaires shall be provided and installed with 1/1 and 1/2 ballast per lamp(s) and switched per Key Note 1 on same drawing sheet. e. Lighting Fixture "G" — Luminaires shall be mounted as close to uni -strut as possible. f. Lighting Fixture "RF" — Lithonia Model Number shall read: " M9720_ rL P38100CM- 120_MFL_FLCAS_STR_PRR_GM_SF_G EB_L P_D NA" e. Lighting Fixtures "U, U2, U3, and U4" — Provide and install flush mounted in -grade ballast housing junction boxes so junction box cover, knuckle and fixture head are the only items above grade. BRAZOS COUNTY TAX OFFICE oDf.N1111y1 TF EE 01113/2014 PAGE 2 OF 5 SPECIFICATIONS Item No.15 (RE: Section 000150 — List of Drawings) — The following sheets shall be added to the list of drawings: C2.3 STRIPING AND SIGNAGE — after Sheet C2.2 L1.2 LANDSCAPE PLAN — after Sheet L1.1 Item No.16 (RE: Section 075520 - SBS- Modified Bituminous Membrane Roofing) — The following lines shall be added to Part , 1.05 QUALITY ASSURANCE: E. The primary roofing materials must be available at the jobsite a minimum of 2 weeks prior to project start. The designer may randomly select two rolls each of the proposed base and finish plies for empirical confirmation by an independent testing lab of the following physical /mechanical properties. Substandard test materials that do not meet the physical /mechanical properties listed below shall be considered representative of the entire lot of material provided. At no additional cost to the owner the substandard materials must be removed from the jab site and replaced by the contractor with a different manufacturer's products that meet the specified requirements. 1. Base Ply - Thickness (min): 110 mils (2.8 mm) (ASTM D 5147) - Low temperature flexibility @ -15°F (- 26 1C): PASS (ASTM D 5147) - Ultimate Elongation (avg.) ® 73 °F (23 1C): 50% (ASTM D 5147) - High Temperature Stability (min): 250°F (121 °C) (ASTM D 5147) - Confirmation that the membrane material is a homogenous SBS blend composition without the use of oxidized asphalt as a carrier saturant 2. Finish Ply - Thickness at selvage (coating thickness) (min): 114 mils (2.4 mm) (ASTM D 5147) - Low temperature flexibility ® -15 °F (- 26 °C): PASS (ASTM D 5147) - Ultimate Elongation (avg.) @ 73 °F (23 0C): 55% (ASTM D 5147) - High Temperature Stability (min): 2501 (121°C) (ASTM D 5147) - Granule Embedment (max loss): 2.0 grams per sample (ASTM D 5147) - Confirmation that the membrane material is a homogenous SBS blend composition without the use of oxidized asphalt as a carrier saturant Item No.17 (RE: Section 075520 - SBS- Modified Bituminous Membrane Roofing) — The following lines shall be deleted from Part 2.05 AUXILIARY ROOFING MEMBRANE MATERIALS: Item No.18 (RE: Section 075520 - SBS- Modified Bituminous Membrane Roofing) — Part 2.06 SUBSTRATE BOARDS, Item 'A' shall be replaced with the following: A. Gypsum Sheathing Panel: A panel composed of a gypsum- based, non - structural water resistant core material integrally bonded with fiberglass mats on both sides having a nominal thickness of 1/2 inch. The panel surface shall be factory primed with a non - asphaltic primer. Acceptable types are as follows: 1. DensDeck Prime Gypsum Roof Board, by Georgia Pacific Corporation; Atlanta, GA BRAZOS COUNTY TAX OFFICE VOD(. WI TIREEE ,� �/ 01/13/2014 PAGE 3 OF 5 rg. Item No.19 (RE: Section 075520 - SBS- Modified Bituminous Membrane Roofing) - The following lines shall be deleted from Part 2.07 ROOF INSULATION: / P 66IFfaee Sea' fAdtpd Item No.20 (RE: Section 141200 - Electric Dumbwaiter) — Part 1.06 MAINTENANCE SERVICE shall be replaced with the following: A. Initial Maintenance Service: At one year after the date of substantial completion, provide a one -time inspection service by skilled employee of dumbwaiter installer. Repair or replace worn or defective components, lubricate, clean and adjust as required for proper dumbwaiter operation at rated speed and capacity. Provide parts and supplies same as those used in the manufacture and installation of original equipment. Item No.21 (RE: Section 141200 - Electric Dumbwaiter) — The following lines shall be deleted from Part 2.02 MATERIALS AND COMPONENTS: �ss7F�sn!r!>,r. Item No.22 (RE: Section 141200 - Electric Dumbwaiter) — Part 1.06 MAINTENANCE SERVICE, Item G shall be replaced with the following: G. Hoistway Doors and Frames: Reference drawing sheet A3.1 CLARIFICATIONS Item No.23 (RE: Pre -Bid Meeting Sign -In Sheet) — See the attached Pre -Bid Meeting Sign -In Sheet from the Pre - Bid Meeting held on January 9, 2014. Item No.24 (RE: RFP 2014 -17) — Liquidated damages will be included in the contract for construction in the amount of $500 per day. Item No.25 (RE: RFP 2014 -17) — The general contractor warranty period shall be one (1) year from the date of substantial completion. Item No.26 (RE: Section 012300 — Alternates, Alternate No. 9) — If the dumbwaiter is not constructed (per Alternate 9), the hoistway will not be framed out. The square footage will be added back into the Janitor Room [1201 and Work Area (1111. This will result in a slight extension of the millwork (shelving, cabinets, countertop) in both of those rooms. Item No.27 (RE: Section 061000 — Rough Carpentry) — Fire treated blocking is not generally required for this project, and only necessary if required by specific fire rated assemblies. Item No.28 (RE: Section 270513 — Communication Network Cabling) — Network and security camera cabling is not required to be encased in conduit all the way to Server Room [203). Conduit for network and security camera cabling is only necessary from wall mounted boxes to above ceiling level. BRAZOS COUNTY TAX OFFICE V%J!10V T#V: � ,7 01/13/2014 PAGE 4 OF 5 Item No.29 (RE: Section 329300 — Plants) — Cypress bark mulch shall be used for planting beds. Item No.30 (RE: Section 329300 — Plants) — Three stakes shall be used per tree. Item No.31 (RE: 1 /0.1 Site Plan) — The concrete transformer pad South of the plaza is being constructed under a separate contract and shall be considered existing for the purposes of this project. Item No.32 (RE: 1/C1.1 Site Plan, 1/1-1.1 Landscape Plan) — Riverstone shall be used where indicated on 1/0.1 by the "gravel" hatch pattern and/or the keynote 3290.38. Bark mulch shall be used in planting beds as indicated on L1.1. Metal edging shall be used to separate planting beds from grass, riverstone from grass, and planting beds from riverstone. Item No.33 (RE: Sheet A3.6, Finish Legend) - For the floors on the finish plan indicated to be sealed concrete (SC1), use "Lapidolith" by BASF /Sonneborne per Specification Section 099100 — Painting. Item No.34 (RE: Sheet E5.1, Panel Schedules) - Panel "MDP ". Contractor shall completely supply and install breaker for UPS (MDP - 13,15). Owner shall supply and install the UPS and all necessary devices for the installation. SUBSTITUTIONS Item No.35 (RE: Section 102600 — Wall and Corner Protection) - Pawling IS an acceptable manufacturer for the specified corner guards, provided a suitable matching color is available. Item No.36 (RE: Section 107113 — Exterior Sun Control Devices) — Sharchs Corporation IS an acceptable manufacturer for the specified exterior sun control devices. Item No.37 (RE: Section 107113 — Exterior Sun Control Devices) — Ruskin IS an acceptable manufacturer for the specified exterior sun control devices. However, the products shown on the Ruskin website in their standard configurations do not match the appearance of the specified product, so a custom design may be required. Item No.38 (RE: Section 122113 — Horizontal Louver Blinds) — Timber Professional Blinds IS NOT an approved substitution for the specified horizontal louver blinds. Attachments: Pre -Bid Meeting Sign -In Sheet, AD3.1, C2.1, C2.2, C2.3, L1.2 END OF ADDENDUM NO. 3********* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BRAZOS COUNTY TAX OFFICE VOQENJ.W Tf"EEE D1/T3/2014 PACE 5 OF 5 COMMISSIONER COURT MINUTES OF MARCH 18, 2014 ARE CONTINUED IN VOLUME 200 PAGE 1 Vol. 199 Pg. ?i� COMMISSIONER COURT MINUTES OF MARCH 18, 2014 ARE CONTINUED FROM VOLUME 199 vol.200 Pg. / Pre - Proposal Conference Sign In Sheet 2014 -17 Construction of Tax Office Building Date: January 9, 2014 Time: 2:00 p.m. U Print Name Entity/Business Name Email Address Mailing Address 1 j am e 5 ICA 1 5 /r"S %t r c E f 2 -, � > e. 4a 14u,AN Co"A. 01� -7zs 4Pvl. -, � w„ .��. �,. 2 �, ,¢ „, ' 7zo��:h r, � c cr2 7m 3 1 1 `� �. 4 Gl-' the 1r sz6r� r,cl- ad.raausc<n,ea coti 6 Ftq ICS Y&HIM 0)UR oTGcf/ . fmf a uyb%eC C. CO Z8/ - S S P 8-6 ? Z 7 G e - jaMa UOwtC llCe p 2U1 � 57( -?Jlro R 161 8 &* II Sc 1 r s ,� �3b-8�0 Slbl 9 .J m IVC6 e eRl ..� 5�..,a /e Ci.- •.✓.�ti� Jn�c(>c�o 4c��.... � So-..r fa ,,. i .cc. 'ZZ 4 z7 073 10 k L �- 1-ANF N F111® r3t, _ Re,-/- ��G *77A4/,; 12 Too au by 190 t( , 6f e -r .Ca 1040 o'Z_ 13 t �d� �o S� a lf s 2 14 j Ly— Py\. LL C � LL�S —vi Tw4j 15 WAoe- A 1-N O tJ7 00 P-A L l,-j -( S ?U k oiZ 16 / Gs.h G / C/1'i C- Ga S `t S i0 17 18 19 7E_ ✓KA 1 C O5 (L-R.. L TFu5 eY itcLN tre r5/it,1FC �1� 7?iyL 20 21 22 23 24 25 26 17 Vol.2 Pg. 2 Pre - Proposal Conference Sign In Sheet 2014 -17 Construction of Tax Office Building Date: January 9, 2014 Time: 2:00 p.m. Print Name Entity/Business Name Email Address Mailing Address 1 e oaak)l r ICA F I Pc L C IQ('PY% dc) � v c^ 'Lca P, 0, 6 ox 4401 Tx 77905 2 /LQ(( /Alv .4all eft t 4', 3 �}} aco� (00v:i,1t G+NO ea p. v. RAY us 4 R 257-IVV -1 F,seL'S1f{ �vv, �,¢2�,Q2 vst.— °�d -767 s 1'01fN rfrtfr. .✓ 6 SOn -Dod�i 6Tf T L �} it�oo k. +�W yilitosstr lug 7 E Nis T .S4v445 i lA-»> C.o. s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 271 Vol. 2 0 Pg. < DATE: PROJECT: PROJECT NUMBER: SUBJECT: i BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FRWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694.1791 WWW.BRWARCH.COM JANUARY 13, 2014 BRAZOS COUNTY TAX OFFICE 212147.00 FLAGPOLE BASE DETAIL WC1,i RAGKM BASE MAL • 112" - T-0" Vol. 200 Pg. /z 01/13/2014 KEYNOTES ADWOUM MAWWG DRAWM NO. (AD11 2 DIVISION 03 - CONCRETE 31 1 T P, S R E E Y S 2 06.0 LA CA L N VR WATERPROOF CEMENT GROUT DIVISION 05 - METALS DIAMETER LIGHTNING ARREST SPIKE. EXTEND 2' -0" BELOW CONCRETE 0550.38 PIPE SLEEVE DIVISION 06 - WOOD, PLASTICS, & COMPOSITES 0610.19 WOOD W DGE DIVISION 10 - SPECIALTIES - T 2 1 7 .O�FLA L C L A DIVISION 32 - EXTERIOR IMPROVEMENTS 3210.09 4" CONCRETE SIDEWALK WITH #3'S AT 18" O.C.E.W. 3210.22 PAVING EXPANSION JOINT - FILL WITH JOINT SEALER 1/4" BELOW SURFACE 3210.45 CONCRETE J cv of N ®NIIm ^ no N } 01 II N F- of I ana -r — W -+ -�- x -+ —nYO5 11a-r — W -r 1` V�1.200 C_ �Q m � N O Q' O r � m 3d-L —y -Z —�-L i N I S Ni ' N to 3d-L —y -Z —�-L i I m z m Z 0 z 0 N O Z ri 6 Q� ,fl �f {1 {�I �i .r, PENDLETON DRIVE 60, R. 0. w.) Vo1.200 Pg. t�w ur if) �N ,41 i N ENS_ Vi Y H N W Z1 ti m 41 A! W Q RE �p p g m O � � .� OG .� Q O J U I =° m � O O Z Z Q J T- a i of m w� � i 0 Vol. 200 Pg. N O N y _! n O E`> co �a O owca Qi F0 i 00 o z Q o zyZ i tL o° zNOF2 o_ Ow ooz k v 0QW��o�1V�111p zN 0 NQa i w U >QYLU I� W> g a�w06mvv �wa-0 0<Z a 7 j5X LL, z ❑O00WMP� ZOm aWm F WW O ~JZQ WJ° Ul YFQQV0��a((za � ~ =Z a Lu aJ2W J(0z � 0: °dWwMWWXw��gu.=aa`g` �(L 002 o�OZUm?wma(arIxWzW(O2w=c mQFZUa�OWWawamWOaOF( LLJ F W�aa�ommWO8joF�wzm�° FWawJma =v(FnZon -wf- coLu wwWa�Zwwa -zo .,Lg -,Z °c ui �z�zoWO�<U�ai��gmor=: Lu w� i0a(�zwLUaz�w0— rj) u CL00- QOQF °U�?WQ °u�O<<0 O N to V W O coo OQZ � aZ° F U =� � N m� U) WOF ,gmWa r O a � a rza O Oz 2 zJ y5 m 1, o 0 „ 02/07/14 POST -BID ADDENDUM NO. 1 DATE: February 7, 2014 PROJECT NO: 212147.00 BROWN REYNOLDS WATFORD ARCHITECTS 2700 EARL RUDDER FWY. S. SUITE 4000 COLLEGE STATION, TEXAS 77845 979.694 -1791 FAX 694 -8293 WwW.BRWARCH.COM BRAZOS COUNTY TAX OFFICE BRYAN, TEXAS The Construction Documents on the above referenced project, dated 11/12/2013, shall be revised as follows: Item No.1 (RE: Sheet T1.1, Alternates & Specification Section 012300 —Alternates) —The following Alternate is accepted for this project: Alternate 2 — Install HardiePlank i.l.o. Hardie Artisan Siding. All other alternates (Alternate 1 and Alternates 3 through 13) are NOT accepted. Item No.2 (RE: 2/C1.1 Plaza Detail & Specification Section 033620 — Colored Concrete Finishes — Penetrating Stain) — Remove from the scope of the project the engraved/stained concrete mural and associated plaques shown in details 2/C1.1 and 7/C1.1. Concrete paving shall remain in the same shape and dimensions indicated, but shall not be engraved, stained, or have plaques inset. Item No.3 (RE: Structural Drawings) — Replace all tube steel members in the project with wide flange members as indicated in the attached drawings. Delete the 3/8" steel plate "wraps" shown in details 1/S5.2, 2/S5.2, and 3/S5.2, located at exposed steel beams near the Lobby and Drive Through areas. Follow the new details as shown on Sheet 55.2,1. Item No.4 (RE: Structural Drawings, 1 /SI.6, 3/S3.0, and associated referenced details) — The HSS10x4x3 /8 steel tubes supporting the roof deck, spaced at 10' -0" O.C., shall be replaced with steel purlins spaced at 5' -0" O.C. Depth of metal roof deck shall be reduced accordingly. Please reference attached drawings. Item No.5 (RE: 1, 2, 3, & 4/A2.1 Exterior Elevations; 1, 2, 3, & 4/A3.3 Interior Elevations) — The locations of Hardie Siding and Stone Veneer throughout the project shall be swapped, resulting in more siding and less stone. Associated foundation details on Sheet A2.3 shall be swapped accordingly (where siding is used, stem wall is required; where stone is used, brick pocket is required), Steel tubes, plates, angles, etc. which were necessary to support stone above roof conditions shall be deleted. Item No.6 (RE: 2/A3.6 Mezzanine Finish Plan) — Delete finishes in upstairs storage area as follows: Delete VCT flooring in Storage [202) and Server [2031. Delete rubber treads and risers in Stair [122]. Delete rubber base in Stair [122], Storage [2021, and Server [203). Delete wall paint and modify finish of gypsum board to Level 2 (in lieu of Level 4) in Stair [122) and Storage (202). Suspended acoustical the ceiling in Server (203] shall remain. BRAZOS COUNTY TAX OFFICE POST -1V0AD 6bDWhA NO 02107/2014 PAGE 1 OF 2 Item No.7 (RE: Sheet A3.6 Finish Legend & Specification Section 095123 — Acoustical Tile Ceilings) — The suspended acoustical ceiling tiles and grid shall be modified as follows: In lieu of specified USG Mars Climaplus with fine line bevel edge (FLB), 3/4" thick, with 9/16" DXT grid; Provide USG Radar with square edge (SQ), 5/8" thick, with 15/16" DX grid. Item No.8 (RE: 1/E1.1 Lighting Plan) - Key Note 1. Omit all inboard and outboard lamp switching requirements on "A and AE" light fixtures. To meet 2009 IECC, each room shall have two wall switches, each controlling half of the fixtures in the room. See also Lighting Fixture Schedule Sheet 6.1 and modify ordering model numbers to the following: Type New Model Number A Lithonia: 2VT8 3 32 ADP MVOLT 1/3 GEBIOPS LP835 (with DGA24 ceiling adapter if required) AE Lithonia: 2VTB 3 32 ADP MVOLT 1/3 GEB1 OPS LP835 EL (with DGA24 if required) Item No.9 (RE: Sheet E6.1 Lighting Fixture Schedule) - Replace the following specific light fixtures specified with the following: Tvpe New Model Number A2 Lithonia: 2AV G 3 17 SBL MVOLT GEB101S D Lithonia: 2AV G 3 32 SBL MVOLT GEB101S (New Qty. = 15) DE Lithonia: 2AV G 3 32 5BL MVOLT GEB101S EL74 (New Qty. = 3) E Lithonia: 2AV G 3 32 SBL MVOLT GEB101S respectively EE Lithonia: 2AV G 3 32 SBL MVOLT GEBI OIS EL14 respectively Item No.10 (RE: 1/E2.1 Power Plan) - Key Note 21. Reduce specified building lighting control to the minimum required to meet 2009 IECC. (See also Sheet E4.1, Single -Line, Lighting Control Panel (LCP); and Sheet E6.2 Detail 5, 6 and "Lighting Control sequence of operation "). Any building lighting control beyond 2009 IECC requirement shall not be required. Item No.11 (RE: 1/E6.2 Duct Bank Detail Section) - Omit duct bank requirement for electrical conduit running from existing pad- mounted transformer to CT can. Conduit need not be encased in concrete, but must meet minimum requirements for BTU approved underground electrical service. Item No.12 (RE: Specification Section 017419 — Construction Waste Management and Disposal) — This specification section shall be removed from the project in its entirety. Contractor shall manage waste and disposal responsibly, but the detailed reports, documentation, and full -time coordinator indicated in this section are not required. Attachments: S1.4, S1.6 and 55.2.1 END OF POST -BID ADDENDUM NO. 1 BRAZOS COUNTY TAX OFFICE POST-1111) o t D16WI i gNO. �0 02/07/2014 PAGE 2 OF 2 / ' -----------------------'--'-- / | | 7 � � � ' � � � , " �2 � |w o |+ in / (� U Vol,200 j���, </ | ' " -----' ------- , It | � ___ C E. 7Q 0 r- 0 U N C C O U C E of UI 0 0 ii 0 M U c�6 U N Vol.200 Pg. Z3 TEXAS A &M UNIVERSITY SYSTEM 301 Tarrow Street College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos Revised: 01/06/12 CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 13.23 Asbestos Abatement Worker 10.67 Carpenter 13.49 Concrete - Pour and Finish 13.02 Crane Operator 23.52 Driver 11.59 Drywall Installer 10.78 Electrician - Journeyman 20.10 Electrician - Apprentice 12.09 Elevator Mechanic - Journeyman 36.64 Elevator Mechanic - Apprentice 21.99 Fire Protection - Controls 13.60 Fire Protection - Pipefitter 17.69 Formwork Builder 11.65 Glazier 14.40 HVAC - Journeyman 22.30 HVAC - Apprentice 13.66 HVAC - Controls 16.05 Insulator 11.35 Ironworker 1 5.22 Laborer/Helper 10.02 Mason 16.10 Equipment Operator- Light 13.69 Equipment Operator -Heavy 14.99 Painter 11.57 Pipefitter - Journeyman 22.76 Pipefitter - Apprentice 14.54 Plasterer 16.07 Plumber - Journeyman 24.43 Plumber - Apprentice 13.49 Reinforcing Steel Worker 10.19 Roofer 11.71 Stone Mason 17.08 Terrazzo Installer 19.55 Tile Setter 11.90 Waterproofer 11.70 Weldor Receive rate for classification performing operation. Note: Listed minimum prevailing wage rate is the base hourly wage rate including fringes. Vol. 200 Pg. /I/ mop PINO PATTILLO, BROWN & H1LL,r..L -P. CERTIFIED PUBLIC ACCOUNTANTS ■ BUSINESS CONSULTANTS To the Board of Directors Brazos Valley Council of Governments Bryan, Texas We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the Brazos Valley Council of Governments (the "Council") for the year ended September 30, 2013. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards, OMB Circular A -133 and the State of Texas Single Audit Circular, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated November 15, 2013, Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findinga Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Council are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the current year. We noted no transactions entered into by the Council during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements include management's estimate of uncollectible accounts and accumulated depreciation. We evaluated the key factors and assumptions used to develop these estimates in determining that they are reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. Dirculdes Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. 401 WEST HIGHWAY 6 ■ P. O. BOX 20725 ■ WACO, TX 76702 -0725 ■ (254) 772 4901 IS FAX: (254) 772-4920 ■ www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544 -7778 ■ HILLSBORO, TX (254) 582 -2583 TEMPLE, TX (254),791-3461 LB.URUER�UF.,NM (505) 266 -5904 Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit's financial statements taken as a whole. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 7, 2014. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Council's financial statements or a deterinination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Council's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. Vol. 200 2Pg. Significant Forthcoming Accounting Standards Financial Reportine of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position Governmental Accounting Standards Board Statement No. 65 ( "GASB 65 "), Items Previously Reported as Assets and Liabilities, is effective for periods beginning after December 15, 2012. This Statement establishes accounting and financial reporting standards that reclassify, as deferred outflows of resources or deferred inflows of resources, certain items that were previously reported as assets and liabilities and recognizes, as outflows of resources or inflows of resources, certain items that were previously reported as assets and liabilities. Concepts Statement No. 4, Elements of Financial Statements, introduced and defined the elements included in financial statements, including deferred outflows of resources and deferred inflows of resources. In addition, Concepts Statement 4 provides that reporting a deferred outflow of resources or a deferred inflow of resources should be limited to those instances identified in authoritative pronouncements that are established after applicable due process. Prior to the issuance of this Statement, only two such pronouncements have been issued. Statement No. 53, Accounting and Financial Reporting for Derivative Instruments, requires the reporting of a deferred outflow of resources or a deferred inflow of resources for the changes in fair value of hedging derivative instruments, and Statement No. 60, Accounting and Financial Reporting for Service Concession Arrangements, requires a deferred inflow of resources to be reported by a transferor government in a qualifying service concession arrangement. This Statement amends the financial statement element classification of certain items previously reported as assets and liabilities to be consistent with the definitions in Concepts Statement 4. This Statement also provides other financial reporting guidance related to the impact of the financial statement elements deferred outflows of resources and deferred inflows of resources, such as changes in the determination of the major fund calculations and limiting the use of the term deferred in financial statement presentations. Accountine and Financial Reporting for Pensions —an amendment of GASB Statement No. 27 Governmental Accounting Standards Board Statement No. 68 ( "GASB 68 "), Accounting and Financial Reporting for Pensions —an amendment of GASB Statement No. 27, is effective for periods beginning after June 15, 2014. The primary objective of this Statement is to improve accounting and financial reporting by state and local governments for pensions. The new standards are intended to provide more comparable and visible information within the annual financial statements of governments that provide defined benefit pensions. Notably, GASB 68 requires employers to report the difference between the actuarial total pension liability and the fair value of the legally restricted plan assets as the net pension liability on the statement of net position. Previously, a liability was only recorded if the actual contributions made to the plan were less than the actuarial calculated contributions for the year. These new standards relate only to the accounting and reporting of defined benefit pensions within the GAAP based financial statements of governmental entities. They do not establish requirements as to the actual funding of these benefits. These decisions are left to management and the governing body. Vol. 200 3Pg. / 7 This Statement may have a material impact on recorded pension liabilities compared to application of current standards. Your processes should be updated to incorporate the new information requirements and begin gathering information now to determine the future impacts on financial reporting. This information is intended solely for the use of the Board of Directors and management of Brazos Valley Council of Governments and is not intended to be and should not be used by anyone other than these specified parties. March 7, 2014 Fi W� , L-1/1 P �,�.,;� , Qom.. Vol. 200 g. % �` BRAZOS VALLEY P�o= BRYAN,TEXAS COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013 Vol. 200 Pg. /1 BRAZOS VALLEY vi, I my - twos BRYAN,TEXAS COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013 Vol.-200 Pg. ;-e COMPREHENSfVE ANNUAL FINANCIAL REPORT of the BRAZOS VALLEY COUNCIL OF GOVERNMENTS Bryan, Texas For the Year Ended September 30, 2013 Prepared by William Wasson Director of Finance Vol.-200 Pg. O/ BRAZOS VALLEY COUNCIL OF GOVERNMENTS TABLE OF CONTENTS SEPTEMBER 30, 2013 Page Number INTRODUCTORY SECTION Letterof Transmittal ...................................................................... ............................... 1 — 5 GFOA Certificate of Achievement ................................................ ............................... 6 OrganizationalChart ...................................................................... ............................... 7 PrincipalOfficials .......................................................................... ............................... 8 FINANCIAL SECTION Independent Auditors' Report ........................................................ ............................... 9-11 Management's Discussion and Analysis ....................................... ............................... 12-17 Basic Financial Statements: Govemment -wide Financial Statements: Statementof Net Position ........................................................ ............................... 18 Statementof Activities ............................................................. ............................... 19 Fund Financial Statements: Balance Sheet — Governmental Funds ..................................... ............................... 20-21 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds ................................. ............................... 22-23 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Government -wide Statement of Activities .................. ............................... 24 (continued) i Vol. 200 Pg. ;,2 BRAZOS VALLEY COUNCIL OF GOVERNMENTS TABLE OF CONTENTS (Continued) SEPTEMBER 30, 2013 Page Number FINANCIAL SECTION (Continued) Basic Financial Statements: (Continued) Statement of Net Position — Proprietary Funds ........................... ............................... 25 Statement of Revenues, Expenses and Changes in Fund Net Position — Proprietary Funds .................................... ............................... 26 Statement of Cash Flows — Proprietary Funds ............................ ............................... 27 Statement of Fiduciary Net Position — Fiduciary Funds ............. ............................... 28 Statement of Changes in Fiduciary Net Position — Fiduciary Funds ......................... 29 Notes to Financial Statements ..................................................... ............................... 30-43 Required Supplementary Information: Schedule of Funding Progress — Texas County and District Retirement System ..................... ............................... 44 Combining Fund Financial Statements: Combining Balance Sheet — Nonmajor Governmental Funds .... ............................... 45-46 Combining Statement of Revenues, Expenditures and Changes in Fund Balances — Nonmajor Governmental Funds ..................... 47-48 Supplemental Schedules: Schedule of Final Indirect Cost Rate .......................................... ............................... 49 Schedule of Final Fringe Benefit Rate ........................................ ............................... 50 (continued) ii Vol. 200 Piz. ;Z-3 BRAZOS VALLEY COUNCIL OF GOVERNMENTS TABLE OF CONTENTS (Continued) SEPTEMBER 30, 2013 Page Number STATISTICAL SECTION NetPosition by Component ........................................................... ............................... 51 Changesin Net Position ................................................................. ............................... 52-55 Fund Balances of Governmental Funds ......................................... ............................... 56 Changes in Fund Balances of Goverttmcntal Funds ...................... ............................... 57-58 Local Government Annual Membership Dues by Entity .............. ............................... 59 County Indigent Health Care Dues by Entity ................................ ............................... 60 Brazos Valley Wide Area Communication Systems Dues By Entity ........................... 61 Ratios of Outstanding Debt by Type ............................................. ............................... 62 Demographic and Economic Statistics .......................................... ............................... 63 Program and Function Indicators ................................................... ............................... 64 Fulltime Equivalent Employees by Program/Department ............. ............................... 65 PrincipalEmployers ....................................................................... ............................... 66 Capital Asset Statistics by Function .............................................. ............................... 67 SINGLE AUDIT SECTION Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ..................... ............................... 68-69 (continued) iii Vol. 200 Pg. 1f� BRAZOS VALLEY COUNCIL OF GOVERNMENTS TABLE OF CONTENTS (Continued) SEPTEMBER 30, 2013 Page Number SINGLE AUDIT SECTION (Continued) Independent Auditors' Report on Compliance for Each Major Program and on Internal Control Over Compliance Required by OMB Circular A -133 and The State of Texas Uniform Grant Management Standards ....... ............................... 70-71 Schedule of Expenditures of Federal and State Awards ................ ............................... 72-78 Notes to Schedule of Expenditures of Federal and StateAwards ............................................................................... ............................... 79 Schedule of Findings and Questioned Costs .................................. ............................... 80 Summary Schedule of Prior Audit Findings .................................. ............................... 81 iv Vol. 200 Pg. INTRODUCTORY SECTION vol.200 Pg. oz� BRAZOS VALLEY ti- "'J;,�A-RAZOS VALLEY COUNCIL OF GOVERNMENTS P.O. DRAWER 4128 - BRYAN, TEXAS 77805 -4128 March 7, 2014 Board of Directors Brazos Valley Council of Governments The comprehensive annual financial report for the Brazos Valley Council of Governments ( BVCOG) for the fiscal year ended September 30, 2013, is submitted herewith. Responsibility for both the accuracy of the data and the completeness and fairness of the presentation, including all disclosures, rests with BVCOG's management. We believe the data presented is accurate in all material respects and properly reflects the financial position and the results of operations of the Council through the measurement of financial activity of its various funds. All disclosures have been made to enable the reader to acquire an understanding of the financial affairs BVCOG. These financial statements are presented annually in compliance with Office of Management's and Budget's Circular A -133; the Single Audit Act of 1984, as amended; and the Council's By -laws. REPORT FORMAT BVCOG's financial statements have been audited by Pattillo, Brown & Hill, L.L.P., a firm of certified public accountants licensed to practice in the State of Texas. The goal of the independent audit was to provide reasonable assurance that the financial statements of BVCOG for the fiscal year ended September 30, 2013, are free of material misstatement. The independent auditor concluded, based upon the audit that BVCOG's financial statements for the fiscal year ended September 30, 2013, fairly present in all material respects financial position of BVCOG and the results of activities of BVCOG in conformity with Generally Accepted Accounting Principles (GAAP). The independent auditor's report is presented as the first component of the financial section of this report. The independent audit of the financial statements of BVCOG was part of a broader, federally mandated "Single Audit" designed to meet the special needs of federal grantor agencies. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the audited government's internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal awards. These reports are available in the Single Audit Section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD &A). This letter of transmittal is designed to complement the MD &A and should be read in conjunction with it. BVCOG's MD &A can be found immediately following the report of the independent auditors. OFFICES AT 3991 EAST 29TH STREET ADMINISTRATATION PHONE 979/595 -2800 ext. 2202 wwasson,labvcog.org FAX 979/595 -2817 Vol. 200 Pg. a;� PROFILE OF THE GOVERNMENT The Brazos Valley Council of Governments was originally established as the federally recognized Brazos Valley Economic Development District in 1966. The Brazos Valley Economic Development District officially reorganized as the Brazos Valley Development Council in 1967 as the result of state legislation, which created 24 statewide regional planning organizations comprised of a voluntary association of local governments. The regions' boundaries were based upon a number of characteristics including geographic features, economic market areas, labor markets, commuting patterns and even media coverage areas. These regional planning organizations, defined by the Texas Legislature as "councils of governments ", are charged with addressing regional issues and opportunities and are reviewed biennially by the Governor of Texas. In 1997, the council's Board of Directors voted to change the organization's name to the Brazos Valley Council of Governments in order to emphasize the cooperative spirit of the local governments and to reflect the legislative terminology The Brazos Valley Council of Governments, ( BVCOG), serves the seven - county Brazos Valley region that consists of Brazos, Burleson, Grimes, Leon, Madison, Robertson and Washington Counties as well as twenty-seven incorporated cities and several unincorporated communities. BVCOG provides, in consultation with and through the cooperation of the local elected officials, housing, health, workforce and senior services programs throughout the Brazos Valley. In addition, the council administers the regional 9 -1 -1 plan, community and economic development programs, criminal justice planning and grants, solid waste planning and grants, an area -wide communication program, and a County Indigent Health Care program. BVCOG's goal is to create and enhance partnerships between local governments, private businesses and service organizations in an effort to collaboratively plan for and maintain the highest quality of life in the Brazos Valley region. BVCOG is governed by the Board of Directors. This group meets on the second Wednesday of every month. This 32- member Board of Directors is structured as follows: five representatives each from Brazos, Grimes, Robertson, and Washington Counties and four representatives each from Burleson, Leon, and Madison Counties. The term of office for members of the Board of Directors is three years. Local elected officials constitute 66 -213 percent, and the remaining 33 -1 /3 percent are citizen representatives. The Board of Directors is responsible for establishing overall policy and objectives of the Council, determining criteria for membership, amending bylaws, and approving members for the Board of Directors. Below are the counties represented by the Brazos Valley Council of Governments: P9 Vol. 200 Pg. RELOCATION TO THE CENTER FOR REGIONAL SERVICES In January 2004, the BVCOG moved into the newly renovated Center for Regional Services. This 53,858 square foot facility brought together into one location, all of the Programs and Services offered to the Region, where clients can receive assistance from several programs in a single visit. Centrally located in Bryan/College Station, on a major bus route, and with ample parking, the Center provides accessibility to our clients and to the community who use our meeting room facilities. FACTORS AFFECTING FINANCIAL CONDITIONS The information presented in the financial statements is perhaps best understood when it is considered from the broader perspective of the specific environment within which the Brazos Valley Council of Governments operates. LOCAL ECONOMY The Brazos Valley Council of Governments serves approximately 325,000 citizens and covers an area of 5,100 square miles. The largest employment industries in the Brazos Valley are Trade, Transportation, Utilities, State and Local Government, Leisure and Hospitality, Education and Health Services, and Manufacturing with an average unemployment rate of 4.9 %. LONG -TERM FINANCIAL PLANNING Accounting Systems and Budgetary Control: In developing and evaluating BVCOG's accounting system, consideration is given to the adequacy of internal accounting controls. Internal accounting controls are designed to provide reasonable assurance that assets are safeguarded against loss and that reliable financial records are maintained. We believe that adequate precautions have been taken to safeguard assets and provide reasonable assurance of proper recording of financial transactions within the Council. As a recipient of federal and state assistance, BVCOG also is responsible for ensuring that an adequate internal control structure is in place to ensure compliance with applicable laws and regulations related to those programs. The internal control structure is subject to periodic evaluation by management, federal and state agencies and independent auditors. The Board of Directors approves a plan for revenues and expenditures in all funds. An annual financial plan is adopted for the Special Revenue Funds in September for the next fiscal year. Financial plans for the Special Revenue funds are made on a project (grant) basis, often spanning more than one year. Appropriations for all projects in the Special Revenue Funds lapse at the end of a contract period, which may not coincide with the fiscal year end of BVCOG. BVCOG recognizes that the financial plan must be flexible enough to adjust for revenues, which do not materialize and capitalize on unforeseen opportunities as they occur. Financial plans for the Special Revenue Funds are established in accordance with the grant awards received. Vol. 200 Pg. The financial plan for the General Fund is prepared on a modified accrual basis, except that expenditures also include amounts for depreciation on general fixed assets acquired with General Fund resources and for changes in the liability for accrued vacation leave. The financial plan for the Special Revenue Funds is prepared on the same basis as the plan for the General Fund. As stated in the Management's Discussion and Analysis, the financial plan for BVCOG is not considered a legally adopted budget. Therefore, comparative budget and actual results are not presented. Relevant financial policies: BVCOG has several financial policies and procedures that keep the financial records in compliance with A -87 and the Uniform Grants Management Standards (UGMS) and free from material misstatement. The Investment Policy ensures that BVCOG's funds are properly managed for minimization of credit and market risks. BVCOG's monies are adequately protected through a combination of collateralization and FDIC coverage. The Risk Management Policy limits BVCOG's exposure to various risks of loss related to torts, theft of, damage to and destruction of assets, errors and omissions, injuries to employees, and natural disasters. The Capitalization Policy ensures that the major tangible assets and software are properly recorded and controlled. The Fraud Policy facilitates the development of controls that will aid in the detection and prevention of fraud against BVCOG. The Cost Policy Statement identifies the various elements of cost within BVCOG and the methods of allocations and procedures. The General Financial Manual establishes a set of policies and procedures to ensure that sufficient controls exist over the safeguarding of assets against waste, loss and misuse and also for providing relevant information to management, its Board of Directors and its federal, state and local granting agencies. AWARDS AND ACKNOWLEDGEMENTS The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Brazos Valley Council of Governments for its comprehensive annual financial report for the fiscal year ended September 30, 2012. This was the 12th consecutive year that the BVCOG has received this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting the comprehensive annual financial report for the fiscal year ended September 30, 2013 to the GFOA to determine eligibility for another certificate. Vol. 200 Pg. .50 This financial report could not have been accomplished without the dedication and efficiency of BVCOG's Financial, Administrative, and Program Management Staff. Special acknowledgement should also be given to BVCOG's independent auditors, Pattillo, Brown and Hill, LILT, whose expertise greatly assisted in the completion of this report. Finally, we would like to thank the members of the Board of Directors for their interest and support in planning and conducting BVCOG's financial operations in a responsible and progressive manner. Respectfully submitted, Tom Wi b Executive ] v r William Wasson Director of Finance Vol. 200 Pg. 9/ Ek Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to Brazos Valley Council of Governments Texas For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2012 *1f000*0 44%*-o Executive Director /CEO 6 * Vol. 200 Pg. � N U U O O C O O O O C U HCOW). it Vol. 200 Pg. -;� BRAZOS VALLEY COUNCIL OF GOVERNMENTS PRINCIPAL OFFICIALS Officers for the Board of Directors September 2013 Honorable Jason Bienski, Chairman Bryan City Mayor Honorable Joy Fuchs, Immediate Past Chairman Washington County Commissioner Honorable Dean Player, I" Vice Chairman Leon County Commissioner Honorable Mike Sutherland, 2"" Vice Chair Burleson County Judge Honorable Betty Shiflett, Secretary Madison County Judge Administrative Staff Executive Director Mr. Tom Wilkinson Assistant Executive Director Mr. Michael Parks, AICP Director of Finance Mr. William Wasson, CPA Director of Human Resources Ms. Dorothy Walker Manager of Purchasing Solutions Alliance Mr. Michael Lucas Manager of Workforce Development Board Staff Ms. Patricia Buck Manager of Area Agency on Aging Mr. Ronnie Gipson Manager of Criminal Justice Planning Mr. Roger Sheridan Manager of Solid Waste Planning Ms. Candilyn McLean Manager of Regional Planning Mr. Shannon Waddell Manager of Section 8 Housing Mr. Judson Brown Manager of County Indigent Health Care Ms. Lilly Haddix Manager of 9 -1 -1 Program Ms. Anita Pitt Manager of Health Services Ms. Kristi Hanle Manager of Systems Administration Mr. Bo Moncivais Manager of Wide Area Communications Mr. Ronald Mayworm 8 Vol. 200 Pg. Jel FINANCIAL SECTION Vol. 200 Pg. �S PEW PATTILLO, BROWN & HILL.T..L.t'. CERTIFIED PUBLIC ACCOUNTANTS ■ BUSINESS CONSULTANTS INDEPENDENT AUDITORS' REPORT To the Board of Directors Brazos Valley Council of Governments Bryan, Texas Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the Brazos Valley Council of Governments (the "Council "), as of and for the year ended September 30, 2013, and the related notes to the financial statements, which collectively comprise the Council's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on these fmancial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of th financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide basis for our audit opinions. 401 WEST HIGH WAY 6 ■ P.O. BOX 20725 • WACO, TX 76702 -0725 ■ (254) 772 -0901 ■ FAX: (254) 772 -4920 ■ w wpbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544 -7778 IS HILLSBORO, TX (254) 582.2583 TEMPLE, TX (254) 791 -3460 ■ ALBUQUERQUE, NM (505) 266.5904 Vol. 200 Pg. 3 Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the Brazos Valley Council of Governments, as of September 30, 2013, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and schedule of funding progress on pages 12 through 17 and 44 be presented to supplement the basic financial statements. Such information, although not a part of the basic fmancial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Council's basic financial statements. The introductory section, combining nonmajor fund financial statements, supplemental schedules, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The schedule of expenditures of federal and state awards is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations and the State of Texas Uniform Grant Management Standards, issued by the Governor's Office of Budget and Planning, and is also not a required part of the basic financial statements. The combining nonmajor fund financial statements, the supplemental schedules, and the schedule of expenditures of federal and state awards are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining nonmajor fund financial statements, the supplemental schedules, and the schedule of expenditures of federal and state awards are fairly stated in all material respects in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of basic financial statements, and accordingly, we do not express an opinion or provide any assurance on them. 10 Vol. 200 Pg. 11' Other Reaortina Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March! 7, 2014, on our consideration of the Council's internal control over financial reporting and on our tests( of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other•, matters. The purpose of that report is to describe the scope of our testing of internal control over!; reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit, performed in accordance with Government Auditing Standards in considering the Council's internal: control over financial reporting and compliance. Waco, Texas March 7, 2014 11 Vol. 200 Pg. J, MANAGEMENT'S DISCUSSION AND ANALYSIS Vol. 200 Pg. BRAZOSV LEY BRAZOS VALLEY COUNCIL OF GOVERNMENTS =� P.O. DRAWER 4128 - BRYAN, TEXAS 77805 -4128 MANAGEMENT'S DISCUSSION AND ANALYSIS Brazos Valley Council of Governments' (the "Council's ") discussion and analysis offers readers of the Council's financial statements a narrative overview and analysis of the Council's financial activities for the fiscal year ended September 30, 2013. We encourage readers to consider the information presented here in conjunction with the additional information that we have furnished in our letter of transmittal, which can be found on pages I through 5 of this report. FINANCIAL HIGHLIGHTS The assets of the Council exceeded its liabilities at the close of the most recent fiscal year by $6,747,566 (net position). Of this amount, $1,166,410 represents unrestricted net position, which may be used to meet the government's ongoing obligations to creditors and other stakeholders. The Council's total net position increased by $261,629 As of the close of the current fiscal year, the Council's governmental funds reported combined fund balances of $5,072,909, an increase of $261,629 in comparison with the prior year. Approximately 24% of this amount ($1,201,121) is available for spending at the government's discretion (unassigned fund balance). At the end of the current fiscal year, unassigned fund balance for the General Fund was $1,329,573, or approximately 158% of total General Fund expenditures. OVERVIEW OF THE FINANCIAL STATEMENTS The discussion and analysis provided here are intended to serve as an introduction to the Council's basic financial statements. The Council's basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also includes supplementary information intended to furnish additional detail to support the basic financial statements themselves. Government -wide Financial Statements The government -wide financial statements are designed to provide readers with a broad overview of the Council's finances in a manner similar to a private- sector business. The statement of net position presents financial information on all of the Council's assets and liabilities, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Council is improving or deteriorating. The statement of activities presents information showing how the Council's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. earned but unused vacation leave). OFFICES AT 3991 EAST 29TH STREET Info@bvcog.org 12 Vol. 200 Pg. ADMINISTRATION PHONE 979/595 -2800 FAX 979/595 -2817 Fund Financial Statements — A fund is a grouping of related accounts that are used to maintain control over resources that have been segregated for specific activities or objectives. The Council, like other similar governmental entities, uses fund accounting to ensure and demonstrate compliance with finance - related legal requirements. All of the Council's funds can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds. Governmental Funds — Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and oufows ofexpendable resources, as well as on balances ofspendable resources available at the end of the year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -term impact of the Council's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balance provide a reconciliation to facilitate this comparison between governmental finds and governmental activities. The Council maintains 17 individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures and changes in fund balance for each major fund: the General Fund, the Texas Workforce Commission Fund, the U. S. Department of Housing and Urban Development Fund, the Department of State Health Services Fund, the Economic Development Administration Fund, the Commission on State Emergency Communications Fund, and the Department of Aging and Disability Services Fund. Data from the other 10 governmental funds are combined into a single aggregated presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements in the combining fund financial statements section of this report. The basic governmental fund financial statements can be found on pages 20 through 24 of this report. Proprietary Funds — Enterprise funds are used to report the same functions presented as business -type activities in the government -wide financial statements. The Council uses an enterprise fund to account for the activities of its TexHealth Brazos Valley Fund. During FY 2010, the Council, in partnership with St. Joseph Regional Health Centers, expanded its involvement in health care by initiating TexHealth Brazos Valley, to provide affordable health care coverage to small businesses and their employees in the region. This program was partially subsidized by the Texas Department of Insurance and the U.S. Department of Health and Human Services. It was determined in the prior fiscal year that the activities of the program could not viably be sustained due to lack of funding and participation. Thus, the decision was made to discontinue the program at the end of August 2012. All operations were ceased by December 31, 2012. The basic proprietary fund financial statements can be found on pages 25 through 27 of this report 13 Vol. 200 Pg. W/ Notes to the Financial Statements — The notes provide additional information that is necessary to acquire a full understanding of the data provided in the govemment -wide and fund financial statements., The notes to the financial statements can be found on pages 30 through 43 of this report. Other Information — In addition to the basic financial statements and accompanying notes, this report also presents required supplementary information concerning the Council's progress in funding its obligation to provide pension benefits to its employees. Required supplementary information can be found on page 44 of this report. The combining statements referred to earlier in connection with nonmajor governmental funds are presented immediately following the required supplementary information on pensions. Combining fund statements can be found on pages 45 through 48 of this report. GOVERNMENT -WIDE OVERALL FINANCIAL ANALYSIS As noted earlier, net position over time may serve as a useful indicator of a government's financial position. In the case of the Council, assets exceeded liabilities by $6,747,566 at the close of the most recent fiscal year. Brazos Valley Council of Government's Net Position Net position: Net investment in capital assets Restricted Unrestricted Total net position 1,862,898 3,718,258 1,166,410 2,355,197 3,008,510 1,096,865 1,862,898 2,355,197 - 3,718,258 3,008,510 25,365 1,166,410 1,122,230 $ 6,747,566 $ 6,460,572 $ $ 25,365 $ 6,747,566 1 6 A fairly large portion of the Council's net position, $1,862,898, reflects its investments in capital assets. The Council uses these capital assets to provide a variety of services to the region. Accordingly, these assets are not available for future spending. An additional portion of the Council's net position, $3,718,258, represents resources that are subject to external restrictions on how they may be used. The remaining balance of $1,166,410 is unrestricted and may be used to meet the Council's ongoing obligations to its creditors and other stakeholders. 14 Vol. 200 Pg. 4� Governments] Activities Business -type Activities Totals 2013 2012 2013 2012 2013 2012 Current and other assets $ 6,715,931 $ 6,241,441 $ 140,800 $ 199,665 $ 6,856,731 $ 6,441,106 Capital assets 1,862,898 2,355,197 - 1,862,898 2,355,197 Total assets 8,578.829 8,596,638 140,800 199,665 8,719,629 8,796,303 Current liabilities 1,643,022 1,967,374 - 1,000 1,643,022 1,968,374 Noncurrent liabilities 188,241 168,692 140,800 173 329,041 341,992 Total liabilities 1,831,263 2,1361 066 140,800 174,300 1,972,063 2,310,366 Net position: Net investment in capital assets Restricted Unrestricted Total net position 1,862,898 3,718,258 1,166,410 2,355,197 3,008,510 1,096,865 1,862,898 2,355,197 - 3,718,258 3,008,510 25,365 1,166,410 1,122,230 $ 6,747,566 $ 6,460,572 $ $ 25,365 $ 6,747,566 1 6 A fairly large portion of the Council's net position, $1,862,898, reflects its investments in capital assets. The Council uses these capital assets to provide a variety of services to the region. Accordingly, these assets are not available for future spending. An additional portion of the Council's net position, $3,718,258, represents resources that are subject to external restrictions on how they may be used. The remaining balance of $1,166,410 is unrestricted and may be used to meet the Council's ongoing obligations to its creditors and other stakeholders. 14 Vol. 200 Pg. 4� Analysis of the Council's Operations - The following table provides a summary of the Council's operations for the year ended September 30, 2013, as compared to the year ended September 30, 2012. Governmental activities increased the Council's net position by $286,994, accounting for a 4% increase in net position. Revenues: Program revenues: Charges for services Operating grants and conlrbtdions General revenues: Chants and contributions, not restricted Unrestricted investment earnings Miscellaneous revenue Total revenues apeases: General government Workforce development Housing and urban development Emergency communication Economic development Resource conservation Health end human services Homeland security Aging Criminal Just ice Transportation Total expenses Brazos Valley Council of Government's Changes in Net Position GovemmenulAclivi;es Business -type Actrvaes Totals 2013 2012 2013 2012 2013 2012 Variance S 1,086,905 8 991,202 S - S 177,864 S 1,086,905 $ 1,169,066 $( 82,161) ( 7 %) 28,452,057 27,445,525 32,500 - 28,484,557 27,445,525 1,039,032 4% 55,500 59,410 - - 55,500 59,410 ( 3,910) ( 7 %) 4,031 14,205 - - 4,031 14,205 ( 10,174) ( 72 %) 77,583 64,811 464 78,047 64,811 133,236 70% 29,676,076 28,575353 32,964 177,964 29,709,040 28,753,017 956,023 3% 865,789 749,713 - - 865,789 749,713 116,076 15% 9,060,723 9,216,708 - - 9,060,723 9,216,708 ( 155,985) ( 2 %) 10,166,856 10,912,219 - - 10,166,956 10,912,219 ( 743,363) ( 7 %) 776,798 1,226,931 - - 776,798 1,226,951 ( 450,153) ( 37 %) 88,795 174,730 - - 99;795 174,730 ( 85,935) ( 49 %) 164,211 88,168 - 164,211 88,168 76,043 86% 4,515,100 4,663,157 58,329 239,466 4,573,429 4,902,623 ( 329,194) ( 7 %) 1,384,648 1,497,284 - - 1,384,648 1,497,284 ( 112,636) ( 8 %) 2,135,126 2,152,639 - 2,135,126 2,152,639 ( 17,513) ( 1%) 153,159 146,754 - - 153,159 146,754 6,405 4% 77,877 75,794 _ 77,877 75,794 2,083 3% 29,389,092 30,904,117 58,329 239,466 29,447,411 31,143,583 ( 1,696,172) t 5 %1 Change in net posh ion before transfers 286,994 ( 2,329,964) ( 25,)65) ( 61,602) 261,629 ( 2,390,566) 2,652,195 Transfers 3,907 ( 3.907) Change in net position E 296.994 E 2 3( 2s,os7) S 2L 5,365) E 65 509 S�61�6�9 $ 2 3��0.566) f 2,652,195 Explanation of the Major Differences Between Fiscal Year 2012 and Fiscal year 2013 Revenues: a Unrestricted Investment Earnings (decrease of 72 %) - The decrease is due primarily to a reduction in interest due to lower overall investment rates and the payoff of a Line of Credit note in 2013. a Miscellaneous Revenue (increase 20 %) - This increase is due primarily to the expansion of services provided to third - parties within the region in order to increase efficiency and decrease duplication of efforts. 15 Vol. 200 Pg. Expenses: a Emergency Communications (decrease 37 %) — This decrease is the result of a reduction in equipment purchased to replace obsolete equipment at the Public Safety Answer Point in response to a reduction in funding for 2013. Necessary replacements are planned and scheduled for 2014. Economic Development (decrease of 49 %) — This decrease is primarily the result of a reduction in the total Federal Share of EDA grant program expenditures in 2013. a Resource Conservation (increase of 86 %) — This increase resulted from the purchase of bins, equipment and related supplies to be distributed within the seven county region to enhance their recycling efforts. FINANCIAL ANALYSIS OF THE COUNCIL'S FUNDS Governmental Funds — The focus of the Council's governmental funds is to provide information on near -term inflows, outflows and balances of spendable resources. Such information is useful in assessing the Council's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. The following table presents the comparative fund balances for individual major governmental funds. _ 2012 Nonspeodable S 242.496 s S - $ 242,496 Restricted - 1,940,481 850,588 2,791,069 Unassigned 1,183,100 1,183,100 Total Fund Balance $ 1,425,596 S 1,940,481 s �850�5a9 S 4.216,665 The General fund balance increase of $53,508 is due primarily to an expansion of services provided to third - parties within the region. The U.S. Department of Housing and Urban Development fund balance increase of $460,770 results from unutilized funds of the Family Self Sufficiency program awarded in 2013 for public housing clients in the achievement of self - sufficiency. The Economic Development Administration fund balance decreased slightly by $25,311 due primarily to locally funded expenditures that are necessary to meet the matching requirements of the grants accounted for in this fund. 16 U. S. Department of Housing Economic and Urban Development General Development Administration Totals 2013 Nonspendable $ 149,531 f - s S 149,531 Restricted - 2,401,251 825,277 3,226,528 Unassigned 1,329,573 - 1,329,573 Total Fund Balance $ 1,479,104 S 2,401,251 S 825,277 S 4,705,632 _ 2012 Nonspeodable S 242.496 s S - $ 242,496 Restricted - 1,940,481 850,588 2,791,069 Unassigned 1,183,100 1,183,100 Total Fund Balance $ 1,425,596 S 1,940,481 s �850�5a9 S 4.216,665 The General fund balance increase of $53,508 is due primarily to an expansion of services provided to third - parties within the region. The U.S. Department of Housing and Urban Development fund balance increase of $460,770 results from unutilized funds of the Family Self Sufficiency program awarded in 2013 for public housing clients in the achievement of self - sufficiency. The Economic Development Administration fund balance decreased slightly by $25,311 due primarily to locally funded expenditures that are necessary to meet the matching requirements of the grants accounted for in this fund. 16 The financial plan for the Council is drafted on a project basis, which spans more than one fiscal year. Although the financial plan is reviewed and approved by the Council's board, it is not considered a legally adopted annual budget. Accordingly, budgetary information is not presented in this report. CAPITAL ASSET ADMINISTRATION The Council's investment in capital assets for its governmental activities as of September 30, 2013, amounted to $1,862,898 (net of accumulated depreciation). This investment in capital assets includes equipment, furniture, and fixtures. Major capital asset events occurring during the current fiscal year include the following: • Disposed of $84,067 of assets due primarily to equipment becoming damaged beyond repair and/or obsolete during the year. Asset additions of $244,177 include 20 Public Safety Radios, an upgraded fiber optic converter for BVWACS, network hardware for 911 and System Administration. Brazos Valley Council of Governments' Capital Assets at Year -end Governmental Activities 2013 2012 Furniture, figures and equipment S 5,320,017 S 5,159,906 Less: accumulated depreciation 3457119) ( 2,804,709) Total capital assets $ 1,862,898 S 55,197 Detailed information on capital asset activity can be found on page 39 in the notes to the financial statements. DEBT ADMINISTRATION At the end of the current fiscal year, the Council had one loan payable outstanding in the amount of $140,800. Additional information on long term debt can be found on page 40 of this report. ECONOMIC FACTORS AND NEXT YEAR'S FINANCIAL PLAN The Brazos Valley Council of Governments is dependent on federal and state funding, which can vary widely from year to year. The federal economic condition and federal and state budget deficits can impact the re- authorization of funds available to local governments. REQUESTS FOR INFORMATION This financial report is designed to provide general overview of the Council's finances for all those with an interest in the organization. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the Director of Finance's Office, Brazos Valley Council of Governments, P. O. Drawer 4128, Bryan, TX, 77805 -4128. 17 Vol.-200 Pg. �S BASIC FINANCIAL STATEMENTS Vol. 200 Pg. W6 BRAZOS VALLEY COUNCIL OF GOVERNMENTS STATEMENT OF NET POSITION SEPTEMBER 30, 2013 The notes to the financial statements are an integral part of this statement. 18 Vol.-200 Pg. /%I Governmental Business -type Activities Activities Total ASSETS Cash and cash equivalents S 4,258,032 $ 140,800 $ 4,398,832 Receivables: Grantors 1,955,782 - 1,955,782 Other 152,529 - 152,529 Notes receivable 324,510 - 324,510 Prepaid expenses 25,078 - 25,078 Capital assets - depreciable 1,862,898 - 1,862,898 Total assets 8,578,829 140,800 8,719,629 LIABILITIES Accounts payable 1,119,931 - 1,119,931 Accrued liabilities 258,274 258,274 Unearned revenue 264,817 - 264,817 Noncurrent liabilities: Due within one year 135,839 140,800 276,639 Due in more than one year 52,402 52,402 Total liabilities 1,831,263 140,800 1,972,063 NET POSITION Net investment in capital assets 1,862,898 - 1,862,898 Restricted for grant use 3,718,258 - 3,718,258 Unrestricted 1,166,410 - 1,166,410 Total net position S 6,747,566 S - $ 6,747,566 The notes to the financial statements are an integral part of this statement. 18 Vol.-200 Pg. /%I O Y! O . . . . . i . . . I 1 M 'It tog It 0 Q N v ^ b H m m N M N V1 M m r O g p H m N N a P K O r n m r n 1M " ^' r � E $ a N OrNs M rPn oD Ve1 N n n IPN ��Op o 0 0 O NI. b N m O V 1 r O t`i �'? I I �y y ry ry b i I N N m � V W O K 00 P e � ry N eN y H SFS� p '24 V o A o m c yy f' u m Vol. 200 Pg. Z71 'f a .r BRAZOS VALLEY COUNCIL OF GOVERNMENTS BALANCESHEET GOVERNMENTALFUNDS SEPTEMBER 30, 2013 General ASSETS Cash and cash equivalents S 543,128 Accounts receivable: Grantors Other 82,920 Notes receivable - Due from other funds 1,009,500 Prepaid items 21,079 Advances to other funds 128,452 Total assets $ 1,785,079 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 46,919 Accrued liabilities 258,274 Due to other funds - Advances from other funds - Deferred revenue 782 Total liabilities 305,975 Fund balances: Nonspendable 149,531 Restricted for: Health and human services - Economic development - Homeland security - Housing and urban development - Workforce development - S Texas Workforce Commission 681,471 7,232 U. S. Department of Housing and Urban Development S 2,544,167 4,616 $ 688,703 S 2,548,783 457,366 231,302 147,532 147,532 2,401,251 Unassigned 1,329,573 Total fund balances 1,479,104 2,401,25) Total liabilities and fund balances $ 1,785,079 $ 688,703 $ 2,548,783 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Long -term liabilities (compensated absences) are not due and payable in the current period and, therefore, are not reported in the funds. Net position of governmental activities The accompanying notes are an integral part of these financial statements. 20 Vol. 200 Pg. 1,862,898 ( 188,241) S 6,747,566 21 Vol.-200 Pg. 5 Commission Department Department of Economic on State of Aging and Total State Health Development Emergency Disability Other Governmental Services Administration Communications Services Governmental Funds S - S 551,104 S 151,031 S - S 468,602 $ 4,258,032 724,830 - 98,951 239,639 210,891 1,955,782 1,494 41 812 917 54,497 152,529 324,510 324,510 - 1,009,500 3,999 25,078 128,452 S 726,324 S 875,655 S 250,794 S 240,556 $ 737,989 $ 7,853,883 287,750 51 68,465 79,654 32,194 1,119,931 258,274 438,574 - - 129,558 210,066 1,009,500 _ _ 128,452 128,452 50,327 182,329 31,344 264,817 726,324 50,378 250,794 240,556 370,712 2,780,974 - _ 3,999 153,530 2,536 2,536 - 825,277 _ 825,277 - _ - 461,897 461,897 - 2,401,251 27,297 27,297 ( 128,452) 1,2011121 825,277 - 367,277 5,072,909 S 726,324 S 875,655 S 250,794 S 240,556 S� 737,989 1,862,898 ( 188,241) S 6,747,566 21 Vol.-200 Pg. 5 BRAZOS VALLEY COUNCIL OF GOVERNMENTS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2013 U. S. Department The accompanying notes are an integral part of these financial statements. 22 Vol. 200 Pg. 37 Texas of Housing Workforce and Urban General Commission Development REVENUES Intergovernmental $ - $ 9,036,094 $ 10,580,437 Membership dues 55,500 Charges for services 789,417 Matching funds - - - Other 81,614 13,658 42,355 Total revenues 926,531 9,049,752 10,622,792 EXPENDITURES Current General government 843,816 - - Workforce development 9,049,752 Housing and urban development - - 10,162,022 Emergency communications - - - Economic development - - Resource conservation - - Health and human services - - Homeland security Aging Criminal justice Transportation - - - Total expenditures 843,816 9,049,752 10,162,022 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 82,715 460,770 OTHER FINANCING SOURCES (USES) Transfers in 328 Transfers out ( 29,535) Total other financing sources and uses ( 29,207) - NET CHANGE IN FUND BALANCES 53,508 460,770 FUND BALANCES, BEGINNING 1,425,596 1,940,481 FUND BALANCES, ENDING S 1,479,104 $ $ 2,401,251 The accompanying notes are an integral part of these financial statements. 22 Vol. 200 Pg. 37 Commission Department Department of Economic on State of Aging and Total State Health Development Emergency Disability Other Governmental Services Administration Communications Services Governmental Funds $ 3,668,091 $ 28,771 $ 668,431 S 1,584,657 S 1,215,138 $ 26,781,619 _ _ _ 1,067,163 1,219,403 1,274,903 106,984 - 57,635 - 954,036 - 5,081 - 429,166 - 434,247 - 20,513 1,897 29,544 41,690 231,271 3,775,075 54,365 670,328 2,101,002 2,476,231 29,676,076 843,816 23 Vol. 200 Pg. '� 2,936 9,052,688 - 10,162,022 670,328 - - 670,328 79,676 - 8,690 88,366 - _ - 163,933 163,933 3,775,075 - - 696,748 4,471,823 _ - 1,067,163 1,067,163 - 2,126,719 - 2,126,719 152,950 152,950 _ 77,426 77,426 3,775,075 79,676 670,328 2,126,719 2,169,846 28,877,234 ( 25,311) - ( 25,717) 306,385 798,842 _ 25,717 5,318 31,363 ( 1,828) ( 31,363) 25,717 3,490 ( 25,311) - - 309,875 798,842 850,588 57,402 4,274,067 $ $ 825,277 $ S $ 367,277 S 5,072,909 23 Vol. 200 Pg. '� BRAZOS VALLEY COUNCIL OF GOVERNMENTS RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2013 Net change in fund balances - total governmental funds: Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of these assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which depreciation exceeded capital outlays in the current period. The net effect of various miscellaneous transactions involving capital assets (i.e., sales and donations) is to decrease net position. Some expenses (compensated absences) reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. Change in net position of governmental activities The accompanying notes are an integral part of these financial statements. 24 Vol. 200 Pg. J-j 798,842 488,096) 4,203) ( 19,549) S 286,994 BRAZOS VALLEY COUNCIL OF GOVERNMENTS STATEMENT OF NET POSITION PROPRIETARY FUNDS SEPTEMBER 30, 2013 Enterprise Fund Nonmajor - TexHealth Brazos Valley ASSETS Current assets: Cash and cash equivalents $ 140,800 Total current assets 140,800 Total assets 140,800 LIABILITIES Current liabilities: Loan payable 140,800 Total current liabilities 140,800 Total liabilities 140,800 NET POSITION Unrestricted Total net position S The accompanying notes are an integral part of these financial statements. 25 Vol. 200 Pg. J`�/ BRAZOS VALLEY COUNCIL OF GOVERNMENTS STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2013 OPERATING REVENUES OPERATING EXPENSES Personnel services Contractual services Other supplies and expenses Insurance claims and expenses Total operating expenses Operating income (loss) Enterprise Fund Nonmajor - TexHealth Brazos Valley NONOPERATDIG REVENUES (EXPENSES) Gain on forgiveness of loan payable Interest revenue Total nonoperating revenues (expenses) CHANGE IN NET POSITION TOTAL NET POSITION, BEGINNING TOTAL NET POSITION, ENDING The accompanying notes are an integral part of these financial statements. 26 Vol. 200 Pg. J 12,570 2,000 4,098 39,661 58,329 ( 58,329) 32,500 464 32,964 ( 25,365) 25,365 BRAZOS VALLEY COUNCIL OF GOVERNMENTS STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2013 Enterprise Fund Nonmajor - TexHealth Brazos Valley CASH FLOWS FROM OPERATING ACTIVITIES Cash paid to employees for salaries and benefits $( 12,570) Cash paid to suppliers for goods and services ( 46,759) Net cash used by operating activities ( 59,329) CASH FLOWS FROM INVESTING ACTIVITIES interest on cash and cash equivalents 464 Net cash used by noncapital financing activities 464 NET DECREASE IN CASH AND CASH EQUIVALENTS ( 58,865) CASH AND CASH EQUIVALENTS, BEGINNING 199,665 CASH AND CASH EQUIVALENTS, ENDING S 140,800 Reconciliation of operating loss to net cash used for operating activities: operating loss $( 58,329) Adjustments to reconcile operating loss to net cash used for operating activities: Decrease in accounts payable ( 1,000) Net cash used by operations $ 59,329 Schedule of noncash noncapital financing activities Forgiveness of loan payable $ 32,500 The accompanying notes are an integral part of these financial statements. 27 Vol. 200 Pg. 5 BRAZOS VALLEY COUNCIL OF GOVERNMENTS STATEMENT OF FIDUCIARY NET POSITION FIDUCIARY FUNDS SEPTEMBER 30, 2013 Private-Purpose Trust ASSETS Cash and cash equivalents S 40,945 Total assets 40,945 LIABILITIES Accounts payable 152 Total liabilities 152 NET POSITION Held in trust for other purposes $ 40,793 The accompanying notes are an integral part of these financial statements. 28 Vol. 200 Pg. S-7 BRAZOS VALLEY COUNCIL OF GOVERNMENTS STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FIDUCIARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2013 Private - Purpose Trust ADDITIONS Contributions $ 125,574 Total additions 125,574 DEDUCTIONS Program disbursements 101,163 Administrative 51,975 Total deductions 153,138 CHANGE IN NET POSITION ( 27,564) TOTAL NET POSITION, BEGINNING 68,357 TOTAL NET POSITION, ENDING $ 40,793 The accompanying notes are an integral part of these financial statements. 29 Vol.-200 Pg. J 0 BRAZOS VALLEY COUNCIL OF GOVERNMENTS NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2013 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Brazos Valley Council of Governments (the "Council ") have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard- setting body for establishing governmental accounting and financial reporting principles. The following represents the significant accounting policies and practices used by the Council. Description of Govern ment -wide Financial Statements The government -wide financial statements (i.e., the statement of net position and the statement of changes in net position) report information on all of the nonfiduciary activities of the primary government and its component units. Governmental activities, which are primarily supported by intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges to external customers. Reoortin¢ Entity The Brazos Valley Council of Governments is a political subdivision of the State of Texas and a voluntary association of local governments within the seven - county Brazos Valley Region. The Council was established in 1967 to study and resolve area -wide problems through the cooperation and coordinated action of member cities, counties, school districts and special purpose districts of the Brazos Valley region. The accompanying financial statements present the government and its component units, entities for which the government is considered to be financially accountable. Blended component units are, in substance, part of the primary government's operations, even though they are legally separate entities. Thus, blended component units are appropriately presented as funds of the primary government. Blended Component Units During 1993, Brazos 2020 Vision, Inc. was established for educational and civic purposes to provide an organized process whereby long -term goals and visions for the development of Brazos County and environs could be created through the mobilization of the talents and energies of the entire community and its citizens. Its governing body is a board of 9 directors which are also members of the governing body of the Council. 30 Vol. 200 Pg. J__q During 1995, Brazos Valley Quality Workforce Planning Corporation, Inc. (BVQWPC) was formed to provide strategic development for the creation of the local workforce development board. BVQWPC is governed by a board of 14 directors which are also members of the governing body of the Council. Brazos 2020 Vision, Inc. and Brazos Valley Quality Workforce Planning Corporation, Inc. are 501(c) 3 corporations that provide services entirely to the Brazos Valley Council of Governments and are considered blended component units. They are presented as Special Revenue Funds in the financial statements. Complete financial statements may be obtained at the entity's administrative office. Measurement Focus and Basis of Accounting The accounting and financial reporting treatment is determined by the applicable measurement focus and basis of accounting. Measurement focus indicates the type of resources being measured such as current financial resources or economic resources. The basis of accounting indicates the timing of transactions or events for recognition in the financial statements. The government -wide financial statements are reported' using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Council considers revenue to be available if it is collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences, and claims and judgments, are recorded only when payment is due. General capital asset acquisitions are reported as expenditures in governmental funds. Issuance of long -term debt and acquisitions under capital leases are reported as other financing sources. Expenditure - driven grants are recognized as revenue when the qualifying expenditures have been incurred and all other grant requirements have been met. Grant revenue, state financial assistance, membership dues and interest are susceptible to accrual. All other revenue items are considered to be measurable and available only when cash is received by the Council. The proprietary fund and private - purpose trust fund are reported using the economic resources measurement focus and the accrual basis of accounting. 31 Vol.-200 Pg. �1) Basis of Presentation – Government -Wide Financial Statements While separate government -wide and fund financial statements are presented, they are interrelated. The governmental activities column incorporates data from governmental funds, while business - type activities incorporate data from the government's enterprise fund. Separate financial statements are provided for governmental funds, the proprietary fund, and the fiduciary fund, even though the latter are excluded from the government -wide financial statements. As a general rule, the effect of interfund activity has been eliminated from the government -wide financial statements. Interfund services provided and used between functions are not eliminated in the statement of activities. To do so would misstate both the expenses of the purchasing function and the program revenues of the selling function. Basis of Presentation – Fund Financial Statements The fund financial statements provide information about the government's funds, including its fiduciary funds and blended component units. Separate statements for each fund category— governmental, proprietary, and fiduciary —are presented. The emphasis of fund financial statements is on major governmental and enterprise funds, each displayed in a separate column. All remaining governmental and enterprise funds are aggregated and reported as nonmajor funds. Major individual governmental and enterprise funds are reported as separate columns in the fund financial statements. The Council reports the following major governmental funds: The General Fund is the Council's primary operating fund. It accounts for all financial resources of the general government, except those accounted for in another fund. The Texas Workforce Commission Fund is used to account for federal and state grants awarded to Brazos Valley Council of Governments by the Texas Workforce Commission. The U. S. Department of Housing and Urban Development Fund is used to account for federal grants awarded to Brazos Valley Council of Governments by the United States Department of Housing and Urban Development. The Department of State Health Services Fund is used to account for federal and state funds awarded to Brazos Valley Council of Governments by the Department of State Health Services. The Economic Development Administration Fund is used to account for federal grants awarded to Brazos Valley Council of Governments by the Economic Development Administration. It is also used to account for loans granted by Brazos Valley Council of Governments for business development. The Commission on State Emereencv Communications Fund is used to account for state funds awarded to Brazos Valley Council of Governments by the Commission on State Emergency Communications. The Department of Aeine and Disability Services is used to account for federal and state grants awarded to Brazos Valley Council of Governments by the Department of Aging and Disability Services. 32 Vol. 200 Pg. The Council reports the TexHealth Brazos Valley Fund as a nonmajor proprietary fund to account for the operations of TexHealth Brazos Valley. The Tex Health program was created in 2010 to provide basic health care to uninsured citizens of the Region. This program was partially subsidized by the Texas Department of Insurance and the U. S. Department of Health and Human Services. It was determined in 2012 that the activities of the program could not viably be sustained due to lack of funding and participation. Thus, the decision was made to discontinue the program at the end of August 2012, and participants were notified that all claims for medical care received prior to August 31, 2012, could be submitted until December 1, 2012. Residual funds were adequate to cover all such claims, and all operations had ceased by December 31, 2012. The Council also reports the private purpose trust fund to account for the programs of the Brazos Valley Regional Advisory Council, an unrelated private organization. Brazos Valley Council of Governments acts as a fiscal agent under the terms of a formal agreement, and the funds received and held are not available to support its own activities and programs. During the course of operations the government has activity between funds for various purposes. Any residual balances outstanding at year end are reported as due from /to other funds and advances to /from other funds. While these balances are reported in fund financial statements, balances between the funds included in governmental activities (i.e., the governmental funds) are eliminated so that only the net amount is included as internal balances in the governmental activities column. Further, certain activity occurs during the year involving transfers of resources between funds. In fund financial statements these amounts are reported at gross amounts as transfers in/out. Transfers between the funds included in governmental activities are eliminated so that only the net amount is included as transfers in the governmental activities column. Assets. Liabilities and Net Position or Fund Balance Cash and Cash Equivalents The Council's cash and cash equivalents are considered to be cash on hand, demand deposits, and short-term investments with original maturities of three months or less from the date of acquisition. Interest is distributed according to each fund's relative percentage of the total pool. Grants Receivable Grants receivable represent amounts due from federal and state agencies for the various programs administered by the Council. The receivable includes amounts due on programs closed -out and those in progress as of September 30, 2013. Notes Receivable Notes receivable represent amounts due from businesses participating in the Revolving Loan Fund program. Other Receivables Other receivables represent amounts due from subcontractors and customers. 33 Vol. 200 Pg. 0- Interfund Receivable and Payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either "due to /from other funds" (i.e., the current portion of interfund loans) or "advances to /from other funds" (i.e., the noncurrent portion of interfund loans). All other outstanding balances between funds are reported as "due to /from other funds." Prepaid Items Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and fund financial statements. The cost of prepaid items is recorded as expenditures /expenses when consumed rather than when purchased. Deferred Revenue Deferred revenue represents amounts received from grantors in excess of expenditures for programs in progress as of September 30, 2013. Capital Assets Capital assets, which include equipment, are reported in the governmental activities column in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of two years. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. Equipment of the Council is depreciated using the straight -line method with a useful life of 3 — 7 years. Net Position Flow Assumption Sometimes the Council will fund outlays for a particular purpose from both restricted (e.g., restricted grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government -wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the Council's policy to consider restricted net position to have been depleted before unrestricted net position is applied. Fund Balance Flow Assumption When an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available, the Council considers restricted funds to have been spent first. When an expenditure is incurred for which committed, assigned, or unassigned fund balances are available, the Council considers amounts to have been spent first out of committed funds, then assigned funds, and finally unassigned funds. 34 Vol. 200 Pg. 0 Fund Balance Classification The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the Council is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows: • Nonspendable: This classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b) are legally or contractually required to be maintained intact. Nonspendable items are not expected to be converted to cash or are not expected to be converted to cash within the next year. • Restricted: This classification includes amounts for which constraints have been placed on the use of the resources either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments, or (b) imposed by law through constitutional provisions or enabling legislation. • Committed: This classification includes amounts that can be used only for specific purposes determined by a formal action of the Board of Directors, the government's highest level of decision - making authority. A commitment of funds requires the passage of a resolution by a simple majority vote. Governing action to commit fund balance must occur within the fiscal reporting period, no later than September 30th of the applicable fiscal year. If the actual amount of the commitment is not available by September 30th, the resolution must state the process or formula necessary to calculate the actual amount as soon as information is available. These committed amounts cannot be used for any other purpose unless the Board of Directors removes or changes the specific use through the same type of formal action taken to establish the commitment (passage of a resolution). • Assigned: This classification includes amounts that are constrained by the Council's intent to be used for a specific purpose but are neither restricted nor committed. The Board of Directors has the authority to assign funds for specific purposes. Assignment of funds by the Board of Directors requires a simple majority vote, and such action must be recorded in the Board Minutes. Through passage of a resolution, the Board of Directors has authorized the Executive Director of Brazos Valley Council of Governments to assign funds for specific purposes. Such assignments cannot exceed the available unassigned fund balance of a given fund. Any assignments made by the Executive Director must be reported to the Board of Directors at their next regular meeting. The Board of Directors may change or remove any assignment of funds by a simple majority vote. • Unassigned: This classification includes the residual fund balance for the General Fund. The unassigned classification also includes negative residual fund balance of any other governmental fund that cannot be eliminated by offsetting of assigned fund balance amounts. 35 Vol. 200 Pg. e Revenues and Expe nditures/Exaenses Program Revenues Amounts reported as program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Other items not properly included among program revenue are reported instead as general revenues. Proprietary Fund Operating and Nonoperating Revenues and Expenses Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Compensated Absences Employees earn thirteen (13) days of vacation per year and may accrue up to a maximum of thirty (30) days. Employees will be paid for accrued vacation upon voluntary termination of employment provided they have been in a permanent fulltime position for six months or more. All vacation pay is accrued when incurred in the government -wide statements. A liability is reported in governmental funds only if they have matured, for example, as a result of employee resignations and retirements. Employees are eligible for eight (8) sick leave days per year. Accumulated sick leave lapses when employees leave the employ of the government and, upon separation from service, no monetary obligation exists. Indirect Costs General and administrative costs are recorded in the General Fund as indirect costs in the Council's accounting system and allocated to special revenue funds based upon a negotiated indirect cost rate. Indirect costs are defined. by Office of Management and Budget (OMB) Circular A -87, Attachment "A" as costs "(a) incurred for a common or joint purpose benefiting more than one cost objective; and (b) not readily assignable to the cost objective specifically benefited, without effort disproportionate to the results achieved." The Council's indirect cost rate is based upon prior cost experience, documented by a cost allocation plan, and is approved by a state agency. It is the Council's policy to negotiate with the agency a provisional rate which is used for billing purposes during the Council's fiscal year. Upon the completion of an independent audit at the end of each fiscal year, the indirect cost rate is finalized with the agency. In the statement of activities, indirect expenses are allocated amongst functions using the methods described above. Indirect and direct expenses are presented as separate columns to enhance comparability to governments that do not allocate indirect expenses to other functions. 36 Vol. 200 Pg. -J 01 Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS Explanation of Certain Differences Between the Governmental Fund Balance Sheet and the Government -wide Statement of Net Position. The governmental fund balance sheet includes a reconciliation between fund balance — total governmental funds and net position — governmental activities as reported in the government - wide statement of net position. One element of that reconciliation explains that "capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds." The details of this $1,862,898 are as follows: Furniture, fixtures and equipment $ 5,320,017 Less: Accumulated depreciation ( 3,457,119) Net adjustment to increase fund balance - total governmental funds to arrive at net position - governmental activities $ 1 ,862,898 Explanation of Certain Differences Between the Governmental Fund Statement of Revenue. Expenditures and Changes in Fund Balances and the Government -wide Statement of Activities The governmental fund statement of revenue, expenditures and change in fund balances includes a reconciliation between net change in fund balances — total governmental funds and change in net position of governmental activities as reported in the government -wide statement of activities. One element of that reconciliation explains that "governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of these assets is allocated over their estimated useful lives and reported as depreciation expense in the current period." The details of this $488,096 difference are as follows: Capital outlay Depreciation expense Net adjustment to decrease net changes in fund balances - total governmental funds to arrive at change in net position of governmental activities 37 Vol. 200 Pg. 244,177 ( 732,273) $ 488 096 3. STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY Budeetary Information The Council's financial plan is controlled at the fund and project level with management authorized to make transfers of budgeted amounts between object class levels within a fund or project, subject to the restrictions imposed by grantor agencies. The Board approves the financial plan for revenue and expenditures in all funds. The financial plan for the special revenue funds is made on a project (grant) basis, spanning more than one year. Appropriations for all projects in the special revenue funds lapse at the end of a contract period which may not coincide with the fiscal year -end of the Council. The appropriations for the General Fund lapse at the fiscal year -end. Although the financial plans are reviewed and approved by the Council's Board, they are not considered legally adopted budgets or appropriations. Accordingly, comparative budget and actual results are not presented in this report. Deficit Fund Balance The Brazos 2020 Vision, Inc. Special Revenue Fund had a deficit fund balance of $128,452 as of September 30, 2013. This deficit will be eliminated as resources are obtained from future revenues and/or transfers in from the General Fund. 4. DETAILED NOTES ON ALL FUNDS Cash Deposits with Financial Institutions Custodial Credit Risk. In the case of deposits, this is the risk that in the event of a bank failure, the Council's deposits may not be returned to it. The Council's policy requires all deposits in financial institutions to be fully collateralized by U. S. Government Securities or its agencies and instrumentalities or direct obligations of Texas or its agencies and instrumentalities that have a fair value of not less than the principal amount of deposits. As of September 30, 2013, $250,000 of the Council's $4,857,757 deposit balance was covered by FDIC insurance. The remaining balance, $4,607,757, was collateralized with securities held by the pledging financial institution. Investments State statutes authorize the Council to invest in obligations of the United States, its agencies, certificates of deposits with banks and savings and local associations, banker's acceptances, commercial paper, mutual funds, investment pools and repurchase agreements with underlying collateral of government securities. The Council had no investments at September 30, 2013. 38 Vol. 200 Pg. Capital Assets Capital asset activity for the year ended September 30, 2013, was as follows: Depreciation expense was charged to functions /programs of the Council as follows: Gmernmental activities: General government Beginning Workforce development 4,206 Ending 182,874 Balance Increases Decreases Balance Aging 5,066 Total depreciation expense - governmental activities Capital assets, being depreciated: Furniture, fixtures and equipment $ 5,159,906 $ 244,177 S( 94 ) $ 5,320,017 Less: accumulated depreciation ( 804,709) 7( 32,273) 79,863 3( 457,119) Governmental activities capital assets, net $ 2,355,197 _!L $( ,096) 4 03) $ 1,862,898 Depreciation expense was charged to functions /programs of the Council as follows: Gmernmental activities: General government $ 61,551 Workforce development 4,206 Emergency communications 182,874 Health and human services 40,532 Homeland security 438,044 Aging 5,066 Total depreciation expense - governmental activities $ 732,273 Interfund Receivables and Pavables The composition of interfund balances as of September 30, 2013, is as follows: Due To/From Other Funds Receivable Fund Payable Fund Amount General Fund Texas Workforce Commission Fund $ 231,302 Department of State Health Services Fund 438,574 Department of Aging and Disability Services Fund 129,558 Other governmental funds 210,066 S. 1,009,500 The outstanding balances between funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. Advances From/Po Other Funds Receivable Fund Payable Fund General Fund Otter governmental funds Amount $ 128,452 The amounts payable to the General Fund relate to working capital loans made to nonmajor governmental funds. None of the balance is expected to be collected in the subsequent year. 39 Vol. 200 Pa. 6 S Interfund Transfers The following is a summary of interfund transfers for the year ended September 30, 2013: Amounts transferred between funds relate to the following activities: • Transfers from the General Fund were made to fund the excess of grant expenditures over award amounts. • Transfers from nonmajor funds were to fund activities considered allowable under the applicable program. Lone -Term Liabilities In fiscal year 2010, the Council accepted a loan in the amount of $173,300 from St. Joseph Health System to augment the operating capital of the TexHealth Brazos Valley Enterprise Fund. As noted earlier, the activities of the enterprise fund came to an end during the current fiscal year. Per the loan agreement, the Council is only liable for repayment to the extent that operating revenues exceed operating expenses. The repayment date of the loan has not been set, and the two parties are tentatively discussing a liquidation of the liability through some means other than direct repayment. Activity for the year ended September 30, 2013, was as follows: Beginning Fading Due Within Balance Additions Reductions Balance One Year Gowrnmental activities Compensated absences S 168,692 S 191,926 S 172,377 $ 188,241 S 135,839 GDvemmental activities $ 168,692 $ 191,926 $ 17 377 $ 188,241 $ 135,839 Business -type activities Loan payable S 173,300 S - $ 32,500 $ 140,8110 $ Business -type activities $ 173,300 S $ 32SW $ 140800 $ - Compensated absences are generally liquidated by the General Fund. 40 Vol. 200 Pg. 6X Transfers In Dept, of Aging Other and Disability Governmental General Services Funds Total Transfers Out: General S $ 24,217 $ 5,318 $ 29,535 Other Governmental Funds 328 1500 1,828 Total Transfers Out $ 328 S 25,717 $ 5,318 $ 31 63 Amounts transferred between funds relate to the following activities: • Transfers from the General Fund were made to fund the excess of grant expenditures over award amounts. • Transfers from nonmajor funds were to fund activities considered allowable under the applicable program. Lone -Term Liabilities In fiscal year 2010, the Council accepted a loan in the amount of $173,300 from St. Joseph Health System to augment the operating capital of the TexHealth Brazos Valley Enterprise Fund. As noted earlier, the activities of the enterprise fund came to an end during the current fiscal year. Per the loan agreement, the Council is only liable for repayment to the extent that operating revenues exceed operating expenses. The repayment date of the loan has not been set, and the two parties are tentatively discussing a liquidation of the liability through some means other than direct repayment. Activity for the year ended September 30, 2013, was as follows: Beginning Fading Due Within Balance Additions Reductions Balance One Year Gowrnmental activities Compensated absences S 168,692 S 191,926 S 172,377 $ 188,241 S 135,839 GDvemmental activities $ 168,692 $ 191,926 $ 17 377 $ 188,241 $ 135,839 Business -type activities Loan payable S 173,300 S - $ 32,500 $ 140,8110 $ Business -type activities $ 173,300 S $ 32SW $ 140800 $ - Compensated absences are generally liquidated by the General Fund. 40 Vol. 200 Pg. 6X 5. OTHER INFORMATION Related Party Transactions On December 12, 2005, the Economic Development Revolving Loan Fund Program of BVCOG entered into a loan agreement with Franklin Hospitality Partnership L.P. (the "Partnership "), of which a BVCOG Board of Directors member has a material interest. The Partnership took out the loan for the purpose of building a hotel in Franklin, TX. The loan agreement established a fixed rate balloon note of $200,000 at 7% annual interest with a balloon payment of $135,098 payable November 12, 2017. The Partnership paid $11,500 in interest on the note during the fiscal year of 2013 and had a principal balance of $160,388 as of September 30, 2013. On November 1, 2007, BVCOG entered into a loan agreement with Hearne Hospitality, L.L.C. for a variable rate balloon note of $150,000 at the federal fund rate +2.01 %, not to fall below the published IRS approved rate, with the balloon balance payable October 1, 2018. This note also was through the Economic Development Revolving Loan Fund Program. The same Board Member is also materially involved with this entity. Hearne Hospitality, L.L.C. paid $2,725 in interest on the note during the fiscal year 2013 at an average rate of 2.53% and had a principal balance of $101,906 as of September 30, 2013. Risk Management The Council is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Council maintains workers' compensation and other risks of loss coverage through commercial insurance carriers. The Council's management believes such coverage is sufficient to preclude any significant uninsured losses to the Council. There were no significant reductions in insurance coverage from coverage in the prior year. There were no insurance settlements which exceeded insurance coverage in any of the past three years. Contingencies The Council contracts with local governments or other local agencies to perform the specific services set forth in certain grant agreements. The Council disburses grant funds to the agencies based on expenditure reports received from each agency. Agencies expending $500,000 or more in Council pass - through funds are required to have an independent audit each year. Copies of such audits are required to be submitted to the Council. If such audits disclose expenditures not in accordance with terms of the grants, the grantor agency could disallow the costs and require reimbursements of the disallowed costs either from the Council or the subcontractor. The Council generally has the right of recovery from the subcontracted agencies. Based on prior experience, the Council's management believes that the Council will not incur significant losses from possible grant disallowances. 41 Vol. 200 Pg. Retirement Plan Plan Description Brazos Valley Council of Governments provides retirement, disability, and death benefits for all of its fulltime and part-time permanent employees through a nontraditional defined benefit pension plan in the statewide Texas County and District Retirement System (TCDRS). The Board of Trustees of TCDRS is responsible for the administration of the statewide agent multiple- employer public employee retirement system consisting of 641 nontraditional defined benefit pension plans. TCDRS in the aggregate issues a comprehensive annual financial report (CAFR) on a calendar year basis. The CAFR is available upon written request from the TCDRS Board of Trustees at P. 0. Box 2034, Austin, Texas 78768 -2034. The plan provisions are adopted by the governing body of the Council, within the options available in the Texas state statutes governing TCDRS (TCDRS Act). Members can retire at age 60 and above with 8 or more years of service, with 30 years of service regardless of age, or when the sum of their age and years of service equals 80 or more. Members are vested after 8 years of service but must leave their accumulated contributions in the plan to receive any employer - financed benefit. Members who withdraw their personal contributions in a lump sum are not entitled to any amounts contributed by their employer. Benefit amounts are determined by the sum of the employee's contributions to the plan, with interest, and employer-financed monetary credits.. The level of these credits is adopted by the governing body of the Council within the actuarial constraints imposed by the TCDRS Act so that the resulting benefits can be expected to be adequately financed by the Council's commitment to contribute. At retirement, death, or disability, the benefit is calculated by converting the sum of the employee's accumulated contributions and the employer - financed monetary credits to a monthly annuity using annuity purchase rates prescribed by the TCDRS Act. Funding Policy The Council has elected the annually determined contribution rate (Variable -Rate) plan provisions of the TCDRS Act. The plan is funded by monthly contributions from both employee members and the employer based on the covered payroll of employee members. Under the TCDRS Act, the contribution rate of the employer is actuarially determined annually. The Council contributed using the actuarially determined rate of 6.66% for the months of the accounting year in 2012 and 6.66% for the months of the accounting year in 2013. The deposit rate payable by the employee members was 5% for the calendar years 2012 and 2013, as adopted by the governing body of the Council. The employee deposit rate and the employer contribution rate may be changed by the governing body of the Council within the options available in the TCDRS Act. 42 Vol. 200 Pg. Annual Pension Cost The Council's annual pension cost, percentage of annual pension cost contributed, and net pension obligation for the plan for the current year and each of the two preceding years were as follows: Accounting Year Fading 09/30/11 09/30/12 09/30/13 Annual Pension Cost (APC) 201,204 203,026 210,876 Funding Status and Funding Progress Percentage ofAPC Contributed 1000 /o 100% 100% Net Pension Obligation As of December 31, 2012, the most recent actuarial valuation date, the funded status of the plan was as follows: The schedule of funding progress, presented as Required Supplementary Infortnation (RSI) following the notes to the financial statements, presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. Actuarial Methods and Assumptions The annual required contribution for the plan was determined as part of the December 31, 2011 actuarial valuation for the months of the fiscal year in 2012, and as part of the December 31, 2012 actuarial valuation for the months of the fiscal year in 2013. Those actuarial valuations used the following methods and assumptions: Actuarial Valuation Date 12/312011 Actuarial Actuarial cost method Annual UAAL as Actuarial Actuarial Accrued Unfunded Covered Percentage Valuation Value of Liability AAL Funded Payroll of Covered Date Assets (AAL) U( AAL) Ratio (Actuarial) Payroll 12/312012 $ 914,194 $ 1,266,566 S 352,372 72.18% S 3,242,723 10.870% The schedule of funding progress, presented as Required Supplementary Infortnation (RSI) following the notes to the financial statements, presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. Actuarial Methods and Assumptions The annual required contribution for the plan was determined as part of the December 31, 2011 actuarial valuation for the months of the fiscal year in 2012, and as part of the December 31, 2012 actuarial valuation for the months of the fiscal year in 2013. Those actuarial valuations used the following methods and assumptions: Actuarial Valuation Date 12/312011 12/312012 Actuarial cost method Entry age Entry age Amortization method Level percentage Level percentage of pay roll, closed of payroll, closed Amortization period in years 20 20 Asset valuation method Subdivision accumulation fund 10 -yr smoothed value 10 -yr smoothed value Employees saving Pond Fund value Fund value Assumptions: Investment return 8.00% 8.00% Projected salary increases 5.4% 5.40% Inflation 3.5% 3.5% Cost-of-living adjustments 0.0"/0 0.06/0 [Includes inflation at the stated rate 43 Vol. 200 Pg. REQUIRED SUPPLEMENTARY INFORMATION Vol. 200 Pg. 17L BRAZOS VALLEY COUNCIL OF GOVERNMENTS 44 Vol. 200 Pg. N REQUIRED SUPPLEMENTARY INFORMATION TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM SCHEDULE OF FUNDING PROGRESS Actuarial Annual UAAL as a Actuarial Actuarial Accrued Unfunded Covered Percentaw Valuation Value of Liability AAL Funded Payroll of Covered Date Assets (AAL) (UAAL) Ratio (Actuarial) Payroll 12/31/2010 $ 162,570 $ 606,124 S 443,554 26.82% S 3,329,089 13.32% 12/31/2011 511,395 894,296 382,901 37.18% 2,963,065 12.92% 12/31/2012 914,194 1,266,566 352,372 72.18% 3,242,723 10.87% 44 Vol. 200 Pg. N NONMAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Texas Commission on Environmental Quality — This fund is used to account for state grants awarded to Brazos Valley Council of Governments by the Texas Commission on Environmental Quality. Community and Economic Development Assistance — This fund is used to account for federal funds awarded to Brazos Valley Council of Governments by the Texas Department of Agriculture. County Indigent Health Care - This fund is used to account for funds paid by member counties to provide health care services to individuals deemed indigent. FEMAX.. S. Department of Homeland Security — This fund is used to account for federal grants awarded to Brazos Valley Council of Governments by FEMA and the U. S. Department of Homeland Security. Governar's Office Criminal Justice Division — This fund is used to account for federal and state grants awarded to Brazos Valley Council of Governments by the State of Texas Governor's Office: Criminal Justice Division. Brazos Valley Quality Workforce Planning Corporation — This fund is used to account for the activities of the Brazos Valley Quality Workforce Planning Corporation, a blended component unit of the Council. Brazos 2020 Vision, Inc. — This fund is used to account for the activities of the Brazos 2020, Inc., a blended component unit of the Council. Vol. 200 Pg. Brazos Valley Wide Area Communications System — This fund is used to account for the construction, acquisition, implementation, operation and maintenance of a cooperative communication system between Brazos and Washington Counties, Texas A &M University, and the Cities of Bryan, College Station, and Brenham and to join with the regional communications system of Harris County in order to improve the ability of public safety and public service radio communications internally and among themselves, and to allow for direct access to, and the exchange of, data. Texas Department of Transportation — This fund is used to account for federal grants awarded to Brazos Valley Council of Governments by the Texas Department of Transportation. TexLfealth — This fund is used to account for federal and state awards which provide premium and operational subsidies to establish an affordable multiple cost sharing health program within Texas and provide access to an affordable, quality small employer health benefit plan and encourage small employers to offer health benefit plan coverage to their employees. Vol. 200 Pg. 7 4 BRAZOS VALLEY COUNCIL OF GOVERNMENTS COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2013 ASSETS Cash and cash equivalents Accounts receivable: Grantor Other Prepaid items Total assets LIABndTIES AND FUND BALANCES Liabilities: Accounts payable Due to other funds Advances from other funds Total liabilities Fund balances: Nonspendable - - - ' Restricted for: Health and human services - - 2,536 - - Homeland security - - - - Workforce development - - - - - Unassigned Total fund balances - 21536 Total liabilities and fund balances S 1,311 S 8,690 $ 21,254 $ 152,913 S 8,550 as Vol. 200 Pg. Governor's Texas Community FEMAIU. S. Office Commission on and Economic County Department Criminal Environmental Development Indigent of Homeland Justice Quality Assistance Health Care Security Division $ 1,311 S - $ 8,129 S • 8,690 - 152,913 8,550 • - 13,125 - - S 1,311 S 8,690 $ 21,254 $ 152,913 $ 8,550 S 1,311 $ - $ 18,718 $ 675 $ 150 - 8,690 - 152,238 8,400 1,311 8,690 18,718 152,913 8,550 Fund balances: Nonspendable - - - ' Restricted for: Health and human services - - 2,536 - - Homeland security - - - - Workforce development - - - - - Unassigned Total fund balances - 21536 Total liabilities and fund balances S 1,311 S 8,690 $ 21,254 $ 152,913 S 8,550 as Vol. 200 Pg. Brazos Valley Brazos Quality Valley Total Workforce Brazos Wide Area Texas Nonmajor Planning 2020 Communications Department of Governmental Corporation Vision, Inc. Systems Transportation TexHealth Funds S 25,065 S - $ 434,097 $ - $ - $ 468,602 - - 34,341 6,397 210,891 2,262 - 39,110 - - 54,497 3,999 - - - - 3,999 S 31,326 S - S 473,207 S 34,341 S 6,397 S 737,989 $ 30 S - $ 11,310 S - $ - $ 32,194 - _ - 34,341 6,397 210,066 128,452 - 128,452 30 128,452 11,310 34,341 6,397 370,712 3,999 - - - - 3,999 - _ - - - 2,536 - - 461,897 - - 461,897 27,297 - - - - 27,297 - ( 128,452) - - ( 128,452) 31,296 ( 128,452) 461,897 - 367,277 S 31,326 S - $ 473,207 S 34,341 S 6,397 S 737,989 46 Vol. 200 Pg. % BRAZOS VALLEY COUNCIL OF GOVERNMENTS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2013 REVENUES Intergovernmental Membership dues Other Total revenues EXPENDITURES Current: Workforce development Economic development Resource conservation Health and human services Homeland security Criminal justice Transportation Total expenditures EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers in Transfers out Total other financing sources and uses NET CHANGE IN FUND BALANCES FUND BALANCES, BEGINNING FUND BALANCES, ENDING Texas Community Commission on and Economic Environmental Development Quality Assistance $ 163,933 $ 8,690 S 310,700 163,933 8,690 310,700 - 8,690 163,933 313,164 163,933 8,690 313,164 ( 2,464) S 429,972 S 153,278 429,972 153,278 429,972 - 152,950 429,972 152,950 ( 2,464) 5,000 $ S $ 2,536 $ S 47 Vol. 200 Pg. %/c 328 328 ( 328) Governors FEMA/U. S. Office County Department Criminal Indigent of Homeland Justice Health Care Security Division 310,700 163,933 8,690 310,700 - 8,690 163,933 313,164 163,933 8,690 313,164 ( 2,464) S 429,972 S 153,278 429,972 153,278 429,972 - 152,950 429,972 152,950 ( 2,464) 5,000 $ S $ 2,536 $ S 47 Vol. 200 Pg. %/c 328 328 ( 328) Brazos Valley Brazos Quality Valley Total Workforce Braws Wide Area Texas Nonmajor Planning 2020 Communications Department of Governmental Corporation Vision, Inc, Systems Transportation TexHealth Funds S S S S 75,681 S 383,584 S 1,215,138 - - 908,703 - - 1,219,403 6,816 34,874 - 41,690 6,816 34,874 908,703 75,681 383,584 2,476,231 2,936 2,936 637,191 637,191 77,426 77,426 3,880 34,874 271,512 ( 1,745) 383,584 383,584 2,936 8,690 163,933 696,748 1,067,163 152,950 77A26 2,169,846 306,385 3,573 - - 1,745 - 5,318 ( 1,500) - - ( 1,828) 3,573 ( 1,500) 1,745 - 3,490 7,453 33,374 271,512 - - 309,875 23,843 ( 161,826) 190,385 - 57,402 S 31,296 S( 128,452) S 461,897 $ - S S 367,277 48 Vol. 200 Pg. 6i1, SUPPLEMENTAL SCHEDULES Vol. 200 Pg. q � BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF FINAL INDIRECT COST RATE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013 Budget Actual INDIRECT COSTS Salary and benefits $ 321,488 $ 278,243 Travel 90,000 78,982 General and administrative 285,005 265,885 Other 25,000 1,956 Total indirect costs $ 721,493 $ 625,066 CALCULATION OF INDIRECT COST RATE Total indirect costs $ 721,493 $ 625,066 Total direct program expenditures 30,537,659 27,568,191 Indirect cost rate 2.36% 2.27% UNDER (OVER) RECOVERY OF INDIRECT COSTS Fiscal year 2013 actual indirect costs $ 625,066 Indirect costs recovered in fiscal year 2013 ( 625,066) Cumulative under (over) recovery of indirect costs per 2012 schedule Accumulated cost under (over) recovery 49 Vol. 200 Pg. P1;1 BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF FINAL FRINGE BENEFIT RATE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013 SALARIES Direct salaries Indirect salaries Total salaries FRINGE BENEFITS Payroll taxes Retirement contributions Healtb, dental, and vision insurance premiums Term life insurance premiums Disability insurance premiums Unemployment insurance Workers' compensation insurance premiums 401k administrative expense Total fringe benefits FRINGE BENEFIT RATE 50 Vol. 200 Pg. �� Budget Actual $ 3,016,116 $ 2,991,676 213,655 217,845 $ 3,229,771 $ 3,209,521 $ 247,077 229,785 213,446 231,907 345,380 331,520 9,050 8,117 7,586 10,610 5,960 5,894 19,107 13,330 400 - $ 848,006 $ 831,163 26.26% 25.90% STATISTICAL SECTION Vol. 200 Pg. STATISTICAL SECTION (Unaudited) This portion of Brazos Valley Council of Governments' comprehensive annual financial report presents multiple years of data to provide a historical perspective for understanding the information available in the financial statements, note disclosures, and required supplementary information and for assessing the Council's overall financial health. Contents Page Financial Trends 51 These schedules contain trend information to help the reader understand how the Council's financial performance and well -being have changed over time. Revenue Capacity 59 These schedules contain trend information to help the reader assess the Council's most significant local revenue resource. Debt Capacity 62 These schedules contain trend information to help the reader assess the Council's current levels of outstanding debt. Economic and Demographic Indicators 63 These schedules contain economic and demographic information to help the reader understand the environment within which the Council's financial activities take place. Operating Information 65 These schedules contain service data to help the reader understand how the information in the Council's financial report relates to the services and activities performed by the Council. Vol. 200 Pg. ��� § � ! k � § ( } k /\ « ]) (] �a §\ ƒ ] Vol. 20D P. J/ d \ j ) CL \� Vol. 20D P. J/ d \ j ) BRAZOS VALLEY COUNCIL OF GOVERNMENTS CHANGES IN NET POSITION LAST TEN FISCAL YEARS (Full Accrual Basis of Accounting) Business -type activities: Health care Total business -type activities expenses PROGRAM REVENUES Fiscal Year Governmental activities: 2004 2005 2006 2007 EXPENSES Governmental activities: 797,018 1,241,643 1,343,833 1,037,376 General government S 1,180,355 $ 1,402,282 S 1,468,530 S 1,116,551 Workforce development 7,808,416 9,721,127 10,201,529 9,684,565 Housing and urban development 11,069,959 11,335,580 9,510,755 10,075,384 Emergency communications 1,009,030 746,110 938,648 930,441 Economic development 84,686 85,655 95,056 145,490 Resource conservation 111,905 235,784 134,228 317,750 Health and human services 3,386,988 3,409,079 3,171,902 3,771,554 Homeland security - 274,947 248,844 197,504 Aging 2,051,472 1,574,629 1,633,230 1,873,344 Criminal justice 158,853 137,278 143,861 126,458 Transportation - - 78,367 68,139 Interest - 58,281 Total governmental activities expenses 26,861,664 28,922,471 27,624,950 28,365,461 Business -type activities: Health care Total business -type activities expenses PROGRAM REVENUES Governmental activities: Charges for services: General government 797,018 1,241,643 1,343,833 1,037,376 Workforce development - - - Housing and urban development 2,199 - - - Emergency communications - - - - Economic development - - - - Resource conservation - - 3,850 Health and human services 31,980 102,271 69,213 99,223 Homeland security - - - - Aging 52,961 54,162 38,996 53,786 Criminaljustice - - - - Transportation - - - Operating grants and contributions 24,989,059 27,349,199 28,199,283 28,821,617 Capital grants and contributions - Total governmental activities program revenues 25,873,217 28,747,275 29,651,325 30,015,852 52 Vol. 200 Pg. q % TABLE2 976,152 1,047,274 Fiscal Year 729,375 708,682 789,417 2008 2009 2010 2011 2012 2013 $ 763,489 $ 869,144 $ 702,473 S 741,925 $ 749,713 S 865,789 9,475,944 9,850,446 11,828,507 9,647,445 9,216,708 9,060,723 11,778,925 9,692,664 11,431,972 10,329,653 10,912,219 10,166,856 815,591 903,580 926,339 1,569,074 1,226,951 776,798 160,223 237,535 133,235 276,573 174,730 88,795 195,565 223,115 114,465 166,528 88,168 164,211 4,303,758 4,278,236 5,478,100 5,572,118 4,663,157 4,515,100 190,796 1,301,245 924,279 1,254,460 1,497,284 1,384,648 2,238,124 2,177,343 2,308,364 2,238,986 2,152,639 2,135,126 166,349 187,939 313,090 191,447 146,754 153,159 47,912 92,674 85,454 73,435 75,794 77,877 53,745 39,863 37,706 5,915 - 29,538,962 30,190,421_ 29,853,784 34,283,984 32,067,559 30,904,117 29,389,082 - 101,298 89,666 239,466 58,329 _ 101,298 89,666 239,466 58,329 976,152 1,047,274 770,322 729,375 708,682 789,417 44,389 57,950 61,718 81,693 37,766 20,474 34,272 29,069 33,537 107,771 33,548 27,464 3 360 565 2,475 595 - 41,741 30,741 33,714 31,547 24,188 55,387 3,135 5,608 5,035 - 120 ' 314,491 320,305 308,338 154,572 116,203 106,984 7,231 175,931 - - - 241,180 82,824 69,890 70,101 70,100 87,179 18 - 17,698 - 10,000 - 739 - 27,316,451 28,843,551 32,049,267 31,441,850 27,445,525 28,452,057 3,739,248 189,700 - - 28,989,063 34,332,861 33,539,784 32,620,123 28,436,727 29,538,962 (continued) 53 Vol. 200 Pg. YIII� BRAZOS VALLEY COUNCIL OF GOVERNMENTS CHANGES IN NET POSITION (Continued) LAST TEN FISCAL YEARS (Full Accrual Basis of Accounting) Business -type activities: Charges for services Operating grants and contributions Total business -type activities program revenues NET(EXPENSE)REVENUES Governmental activities Business -type activities Total primary government GENERAL REVENUES AND OTHER CHANGES IN NET POSITION Governmental activities: Unrestricted grants and contributions Investment earnings Miscellaneous Transfers Total governmental activities Business -type activities: Investment earnings Transfers Total business -type activities CHANGE IN NET POSITION Governmental activities Business -type activities Total primary government Fiscal Year 2004 2005 2006 2007 S $. S S ( 988,447) ( 175,196) 2,026,375 1,650,391 ( 988,447) ( 175,196) 2,026,375 1,650,391 82,414 35,421 4,496 10,397 598,741 - - 681,155 35,421 4,496 10,397 ( 307,292) ( 139,775) 2,030,871 1,660,788 S( 307,292) $L 9 775 S 2,030,871 S 1,660,788 Note: The Council began reporting business -type activities in fiscal year 2010. FfI Vol. 200 Pg. L% C TABLE 2 2008 2009 2010 2011 2012 2013 S $ S 86,340 $ 177,864 S - 64,811 77,583 146,798) ( 48,700) 32,500 ( 65,509) - 86,340 177,864 32,500 ( 1,201,358) 4,479,077 ( 744,200) 552,564 ( 2,467,390) 149,880 - ( 101,298) ( 3,326) ( 61,602) ( 25,829) ( 1,201,358) 4,479,077 845,498 549,238 ( 2,528,992) 124,051 _ - 249,845 90,371 59,410 55,500 98,088 14,007 7,400 4,461 14,205 4,031 _ - 89,014 75,398 64,811 77,583 146,798) ( 48,700) 3,907 ( 65,509) 98,088 14,007 199,461 121,530 142,333 137,114 M 146,798 48,700 ( 3,907) 146,798 48,700 ( 3,907) 464 ( 1,103,270) 4,493,084 ( 544,739) 674,094 ( 2,325,057) 286,994 45,500 45,374 ( 65,509) ( 25,365) S( 1,103,270) S 4,493,084 S( 499,239) $ 719,468 S( 2,390,566) S 261,629 55 Vol. 200 Pg. %el a W O N {SI a H$ •�O v N y C P N T N y y N P N ^ b m M N V O N N N N P N O M m O C N � e•I N y N y N ro n1 rm H y N N NN pN ONO� PPp � O O^j `O b 8 b O• vPi� V o0 1 ' I N y Ny N pq N O� � M b N N H N r M v+ ^ N N N N N y N N � N 00 P ^ y m IL ae n N N N N N N y N N N pp3u e u � a �q Vol. 200 Pg. 71 O h i3 N Q FO O U _0 F y� U N �yq T `o P4 N �U N w A h U u t6 a v 3 C d u a U .c H z Ln BRAZOS VALLEY COUNCIL OF GOVERNMENTS CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (Modified Accrual Basis of Accounting) OTHER FINANCING SOURCES (USES) Issuance of debt Transfers in Transfers out Total other financing sources (uses) NET CHANGE IN FUND BALANCES DEBT SERVICE AS A PERCENTAGE OF NONCAPITAL EXPENDITURES Notes: 800,000 800,000 $ 661,930 S( 232,118) $ 1,947,167 S 1,577,459 0.2% 0.2% 0.2% 0.3% Charges for services primarily include amounts charged to occupants of the Center for Regional Services. These charges began in 2004. "Membership dues include amounts from the Brazos Valley Wide Area Communications System Fund. 2013 membership dues include an additional $231,476 of dues for the purpose of capital acquisition. 57 Vol. 200 Pg. w2 Fiscal Year 2004 2005 2006 2007 REVENUES Intergovernmental $ 24,541,657 S 26,696,948 $ 27,145,492 S 27,574,719 Membership dues" - 44,600 47,400 55,600 Charges for services 797,018 1,353,476 1,404,642 1,385,341 Matching funds 470,507 392,025 406,462 315,045 Other 787,356 295,647 651,825 695,544 Total revenues 26,596,538 28,782,696 29,655,821 30,026,249 EXPENDITURES Current: General government 1,076,744 1,307,958 1,602,200 1,030,186 Workforce development 7,839,641 9,930,821 10,158,212 9,686,257 Housing and urban development 11,052,864 11,320,695 9,470,371 10,075,384 Emergency communications 931,731 666,250 934,662 1,085,624 Economic development 84,161 104,215 94,645 145,490 Resources conservation 110,138 234,159 133,658 317,750 Health and human services 3,380,060 3,407,532 3,158,493 3,771,554 Homeland security - 274,745 247,809 197,504 Aging 2,053,335 1,568,520 1,626,295 1,865,669 Crimiaaljustice 160,370 139,166 143,250 126,458 Transportation - 78,307 68,139 Debt service Principal 18,722 26,226 27,238 20,494 Interest and fiscal charges 26,842 34,527 33,514 58,281 Total expenditures 26,734,608 29,014,814 27,708,654 28,448,790 NET CHANGE IN FUND BALANCES ( 138,070) ( 232,118 1,947,167 1,577,459 OTHER FINANCING SOURCES (USES) Issuance of debt Transfers in Transfers out Total other financing sources (uses) NET CHANGE IN FUND BALANCES DEBT SERVICE AS A PERCENTAGE OF NONCAPITAL EXPENDITURES Notes: 800,000 800,000 $ 661,930 S( 232,118) $ 1,947,167 S 1,577,459 0.2% 0.2% 0.2% 0.3% Charges for services primarily include amounts charged to occupants of the Center for Regional Services. These charges began in 2004. "Membership dues include amounts from the Brazos Valley Wide Area Communications System Fund. 2013 membership dues include an additional $231,476 of dues for the purpose of capital acquisition. 57 Vol. 200 Pg. w2 TABLE4 Fiscal Year 2008 2009 2010 2011 2012 2013 S 26,863,151 S 31,217,058 S 31,622,797 $ 30,287,603 $ 26,022,377 S 26,781,619 55,800 231,832 420,752 737,299 1,031,323 1,274,903 1,115,124 1,083,402 1,082,160 941,555 891,450 954,036 453,300 1,365,741 484,247 507,319 433,079 434,247 605,569 448,835 259,571 316,577 196,924 231,271 29,092,944 34,346,868 33,869,527 32,790,353 28,575,153 29,676,076 786,049 827,298 731,781 688,587 836,624 843,816 9,468,430 9,866,583 11,829,665 9,632,622 9,206,211 9,052,688 11,823,808 9,676,343 11,415,651 10,317,412 10,909,991 10,162,022 1,089,225 810,712 896,682 1,338,479 1,020,235 670,328 160,223 237,535 133,235 276,573 174,546 88,366 195,565 223,115 114,465 166,528 88,039 163,933 4,303,758 4,278,236 5,778,050 5,828,046 4,620,915 4,471,823 190,796 4,093,883 471,834 865,505 1,235,669 1,067,163 2,252,839 2,115,385 2,293,477 2,233,920 2,146,137 2,126,719 166,349 187,939 313,090 191,447 146,667 152,950 47,912 92,674 85,454 73,435 75,593 77,426 33,005 34,918 31,058 608,339 53,745 39,863 37,706 5,915 30,571,704 32,484,484 34,132,148 32,226,808 30,460,627 28,877,234 ( 1,478,760) 1,862,384 262,621 563,545 ( 1,885,474) 798,842 112,755 42,275 93,255 31,363 ( 259,553) ( 90,975) 89,348) ( 31,363) ( 146,798) ( 48,700) 3,907 S( 1,478,760) $ 1,862,384 $L___109,419) S 514,845 S( 1,881,567) S 798,842 0.3% 0.2% 0.2% 1.9% % % 58 Vol. 200 Pg. /'-2 a F S°o�8$gg r r rl S� c:v hvvv MM h H H 8008g $8 I S� 0 0 0 H H S Iri n S 8 v� h O h O p N .n H H 88°°80°8 �pj 8 C 8 S� S O O S O o 0 �n 8 ° oS$o O C O h N N N ' N H H H H S°o�8$gg r r rl S� c:v hvvv MM h H H 8008g $8 I S� 0 0 0 H H S Iri n S 8 v� h O h O p N .n H H O S S S S O g� ppp h Vt O h O O S .O H H N h O h O h p0 0 O I CI N O Oct m v S i O S O N Vl N N N Nf H H O O �pj 8 C 8 S� S O O S O S O 8 O h 0 y Vf O h L O O O C O h N N N H H H S O S S O O S S S I {a.r pp 41 O vl O C O O ' , SVt C vi ? V V e•i M 1 N N h H H O S S S S O g� ppp h Vt O h O O S .O H H N h O h O h p0 0 O I CI N O Oct m v S i O S O N Vl N N N Nf H H S pQ O O O S� S O O S O S O 8 O h 0 N h M M M N N N N N H H S pQ O O O S� S O O S O O H H U a u u p a c Ko F1 U ma�iU ;M, M, o°4z "3 Vol. 200 Pe. 9'el m a 4 p d H O, tn § 2 § Q k § [ \ ƒ 7 I § - » / \ / f u ` / . ) % ! ) Vol. 200 P2.� / � � � ] � � � � § / ( / { / I § - » / \ / f u ` / . ) % ! ) Vol. 200 P2.� / � � � ] � � � � § / ( / TABLE 7 BRAZOS VALLEY COUNCIL OF GOVERNMENTS BRAZOS VALLEY WIDE AREA COMMUNICATION SYSTEMS DUES BY ENTITY LAST FIVE FISCAL YEARS Notes: No dues collected prior to 2009. The above amounts are contributed for the purpose of annual maintenance and operations. The membership dues presented in the combining fund financial statements include an additional $231,476 of dues for the purpose of capital acquisition. This amount is not included in the above table. 61 Vol. 200 Pg. Fiscal Year 2009 2010 2011 2012 2013 Brazos County $ 17,927 $ 37,219 $ 46,069 $ 76,489 $ 90,613 City of Bryan 39,022 81,013 87,090 144,598 137,816 City of College Station 62,878 130,541 118,578 196,876 211,904 Texas A& M 23,153 48,067 45,508 75,558 65,826 City of Brenham 16,476 34,206 51,677 85,801 85,534 Washington County 16,476 34,206 51,677 85,801 85,534 Total $ 175,932 $ 365,252 $ 400,599 $ 665,123 $ 677,227 Notes: No dues collected prior to 2009. The above amounts are contributed for the purpose of annual maintenance and operations. The membership dues presented in the combining fund financial statements include an additional $231,476 of dues for the purpose of capital acquisition. This amount is not included in the above table. 61 Vol. 200 Pg. TABLE 8 BRAZOS VALLEY COUNCIL OF GOVERNMENTS RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS Governmental Business -type Percentage of Personal Activities Activities Capita 0.012% $ 2.78 0.011% Total Fiscal Note Loan Outstanding Year Payable Payable Debt 2004 $ 781,278 $ $ 781,278 2005 755,052 0.001% 755,052 2006 727,814 727,814 2007 707,320 707,320 2008 674,315 674,315 2009 639,397 - 639,397 2010 608,339 45,000 653,339 2011 173,300 173,300 2012 173,300 173,300 2013 140,800 140,800 Percentage of Personal Per Income Capita 0.012% $ 2.78 0.011% 2.68 0.010% 2.53 0.009% 2.42 0.008% 2.28 0.008% 2.03 0.009% 2.13 0.002% 0.55 0.002% 0.53 0.001% 0.43 Notes: Details regarding the council's outstanding debt can be found in the notes to the financial statements. See Table 9 for personal income and population data. 62 Vol. 200 Pg. 7 a a a F y w 25 s e o e a o e o e a e o b W e8 Vol. 200 Pg. 4 u F V G 1 1 w i i F 1 1 1 1 F z 1 ` G 3 F 7 � 1 � > 's 7 � 1 � 3 ; 3 ` � F v f � 1 � U f L � � C 1 N ' o ;z o o iw � O i 1 iy I � 1 i a ` O r W � F IF�[, l`1 >^ N N N N N N N N N N u« -i m n OC n N N V'i r Ot �O b O O ry N N N /f N N M M M N O ONi M O Oq? O N N W Cr W O oo N a C. N a Iq Q O. 0� H s N N N N N N N N N M a a �" u M U V O O �O N h 00 V 0 � as ^ M O^ Vol. 200 Pg. 4 u F V G 1 1 w i i F 1 1 1 1 F z 1 ` G 3 F 7 � 1 � > 's 7 � 1 � 3 ; 3 ` � F v f � 1 � U f L � � C 1 N ' o ;z o o iw � O i 1 iy I � 1 i a ` O r W � F IF�[, l`1 >^ N N N N N N N N N N Vol. 200 Pg. 4 u F V G 1 1 w i i F 1 1 1 1 F z 1 ` G 3 F 7 � 1 � > 's 7 � 1 � 3 ; 3 ` � F v f � 1 � U f L � � C 1 N ' o ;z o o iw � O i 1 iy I � 1 i a ` O r W � F IF�[, l`1 n Ct CL A < IL - z I 0 '? .1 7? El 51 I z z Vol. 200 Pg. FQ /-r w 0 O w � jai W � F >Q N w M� 1 MaMO Vl vima NNVi —�. �nro rnl m r m O r N MaMOnvn . -N —v.- va oI �I M ° M� J< O N •+ N N' V� °�I �I g ' N g - r N m 5 o yL" a u ti 0 o�a�a5mc4c�ir�m'oc Vol. 200 Pg. /OD b TABLE 12 BRAZOS VALLEY COUNCIL OF GOVERNMENTS PRINCIPAL EMPLOYERS CURRENT YEAR Notes: Source -The Research Valley Partnership, Inc. Listed in alphabetical order, not in order of size The Labor Market and Career Index does not identify employment statistics for employers in the region. Texas A &M University employment is estimated. Information for nine years ago is not available. 66 Vol. 200 Pg. _4LL 2013 Number of Percentage taxpayer Employees of Employment Private: Alenco 350 0.22% Blue Bell Creameries, Inc. 1,200 0.75% H.E.B. Grocery Company, LP 1,111 0.690/9 Kent Moore Cabinets 450 0.28% Reynolds & Reynolds 1,059 0.660/6 Sanderson Farms, Inc. - Processing 1,637 1.02% Scott & White 500 0.31% St, Joseph Hospital 2.575 1.60% Wal -Mart Associates, Inc. 1,496 0.93% Penncro (formerly West) 500 0.31% Public: Blinn College 1,300 0.81% Brazos County 900 0.56% Brenham ISD 700 0.43% Brenham State School 1,700 1.06% Bryan ISD 2,435 1.51% City of Bryan 870 0.54% City of College Station 1,248 0.77% College Station ISD 1,550 0.96% Texas A &M University and System 22,397 13.91% Texas Department of Criminal Justice 847 0.53% Other 116,208 72.16% Total 161,033 100.00% Notes: Source -The Research Valley Partnership, Inc. Listed in alphabetical order, not in order of size The Labor Market and Career Index does not identify employment statistics for employers in the region. Texas A &M University employment is estimated. Information for nine years ago is not available. 66 Vol. 200 Pg. _4LL TABLE 13 BRAZOS VALLEY COUNCIL OF GOVERNMENTS CAPITAL ASSET STATISTICS BY FUNCTION LAST EIGHT FISCAL YEARS Notes: Assets in excess of $5,000 Assets purchased with grant funds but owned by subrecipients are not included. The Council increased its capitalization threshold to $5,000 in 2006. Comparable information prior to 2006 is not available. 67 Vol. 200 Pg. Fiscal Year 2006 2007 2008 2009 2010 2011 2012 2013 General Government Buildings 17 21 25 24 29 30 23 43 Office Equipment 7 6 6 6 7 6 1 1 Workforce Develooment Office Equipment 5 5 5 8 10 9 7 Software 1 1 1 1 1 1 1 Emergency Communication PSAP Equipment 14 17 28 29 31 24 21 27 Software 7 7 7 14 7 1 Aging Transportation Vans 6 6 9 5 3 3 3 3 Software I 1 1 1 2 2 2 2 Housing Software 1 1 1 1 1 1 Homeland Securltv Communications Equipment - 3 61 64 68 70 Software - 1 1 1 1 1 Health Services TeleHealth Equipment - 3 6 6 6 6 Public Safety Equipment - 5 6 6 Notes: Assets in excess of $5,000 Assets purchased with grant funds but owned by subrecipients are not included. The Council increased its capitalization threshold to $5,000 in 2006. Comparable information prior to 2006 is not available. 67 Vol. 200 Pg. SINGLE AUDIT SECTION Vol. 200 Pg. /0-:31, PIMM PATTILLO, BROWN & HILL,I..L.P. CERTIFIED PUBLIC ACCOUNTANTS ■ BUSINESS CONSULTANTS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors Brazos Valley Council of Governments Bryan, Texas We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the Brazos Valley Council of Governments (the "Council ") as of and for the year ended September 30, 2013, and the related notes to the financial statements, which collectively comprise the Council's basic financial statements, and have issued our report thereon dated March 7, 2014. Internal Control Over Financial Reportin In planning and performing our audit of the financial statements, we considered the Council's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Council's internal control. Accordingly, we do not express an opinion on the effectiveness of the Council's internal control. A deficiency in Internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 68 401 WEST HIGHWAY 6 ■ P.O. BOX 20725 ■ WACO, TX 76702.0725 ■ (254) 7724901 ■ FAX: (254) 772 -4920 ■ w .pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544.7778 ■ HILLSBORO, TX (254) 582 -2583 TEMPLE, TX (254) 791 -3460 ■ ALBUQUERQUE, NM (505) 266 -5904 Vol. 200 Pg. //� f Compliance and Other Matters As part of obtaining reasonable assurance about whether the Council's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Regort The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Waco, Texas March 7, 2014 Yd -, GG P 69 Vol. 200 Pg. �� rKI'M PATTILLO, BROWN & HILL,I -L.Y. CERTIFIED PUBLIC ACCOUNTANTS ■ BUSINESS CONSULTANTS INDEPENDENT AUDITORS' REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY OMB CIRCULAR A -133 AND THE STATE OF TEXAS UNIFORM GRANT MANAGEMENT STANDARDS To the Board of Directors Brazos Valley Council of Governments Bryan, Texas Report on Compliance for Each MAor Federal and State Prouram We have audited Brazos Valley Council of Governments' (the "Council's ") compliance with the types of compliance requirements described in the OMB Circular A -133 Compliance Supplement and the State of Texas Uniform Grant Management Standards that could have a direct and material effect on each of the Council's major federal and state programs for the year ended September 30, 2013. The Council's major federal and state programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal and state programs. Auditors' Responsibility Our responsibility is to express an opinion on compliance for each of the Council's major federal and state programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations; and the State of Texas Uniform Grant Management Standards. Those standards and OMB Circular A -133 and the State of Texas Uniform Grant Management Standards require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal or state program occurred. An audit includes examining, on a test basis, evidence about the Council's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal and state program. However, our audit does not provide a legal determination of the Council's compliance. 70 401 WEST HIGHWAY 6 ■ P. O. BOX 20725 ■ WACO, TX 76702 -0725 ■ (254) 772-4901 ■ FAX: (254) 772.4920 ■ w .pbhcpa,com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544 -7778 ■ HILLSBORO, Tx (254) 582.2583 TEMPLE, TX (254) 791 -3460 ■ ALBUQUERQUE, NM (505) 266 -5904 Vol. 200 Pg. /Ge Opinion on Each Major Federal and State Program In our opinion, the Council complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal and state programs for the year ended September 30, 2013. Report on Internal Control Over Compliance Management of the Council is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Council's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal and state program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal and state program and to test and report on internal control over compliance in accordance with OMB Circular. A -133 and the State of Texas Uniform Grant Management Standards, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Council's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal or state program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal or state program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal or state program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of OMB Circular A -133 and the State of Texas Uniform Grant Management Standards. Accordingly, this report is not suitable for any other purpose. Waco, Texas March 7, 2014 71 Vol. 200 Pg. /B% BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS FOR THE YEAR ENDED SEPTEMBER 30, 2013 (continued) 72 Vol. 200 Pg. IL Federal Pass- through Federal Oranmr/Pass- through Grantor/ CFDA Grantors Program Title Number Number Expenditures FEDERAL AWARDS U S Department of Agriculture Passed through Texas Workforce Commission: Supplemental Nutrition Assistance Program - E &T 10.561 1613SNE000 S 140,219 Supplemental Nutrition Assistance Program - E &T ABAWD 10.561 1613SNA000 85,723 Total Texas Workforce Commission 225,942 Total U. S. Department ofdgriculture 225,942 U Department of Commerce Direct Program: 11.302 08- 83-04757 28,771 Planning Assistance Revolving Loan Fund 11.307 08 -39 -02937 557,192 " Total U. S. Department of Commerce 585,963 U S Department of Housing and Urban Development Passed through Texas Department of Agriculture Community and Economic Development Assistance Funds 14.228 C712201 7,462 Community and Economic Development Assistance Funds 14.228 C713201 1.228 Total Texas Department of Agriculture 8,690 Passed through Texas Department of State Health Services: HOPWA 14.241 2013- 041317 85,214 HOPWA 14.241 2013 - 043234 175,438 Total Texas Department of State Health Services 260,652 Direct Programs: Housing Choice Vouchers 14.671 TX526 HCVP 10,028,437 Housing Choice Vouchers 14.871 TX526FSS 552,000 10,580,437 Total Direct Programs Total U. S. Department of Housing and Urban Development 10,849,779 U S. Department of Justice Passed through Office of the Governor, Criminal Justice Division Juvenile Justice Alternatives 16.540 JA- 14706 -14 23,000 Total Office of the Governor, Criminal Justice Division 23,000 23,000 Total U. S. Department of Justice (continued) 72 Vol. 200 Pg. IL BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS (Continued) FOR THE YEAR ENDED SEPTEMBER 30, 2013 (continued) 73 Vol. 200 Pg. /oI Federal Pass4hrough Federal Grantor/Pass- through Grantor/ CFDA Grantor's Program Title Number Number Expenditures FEDERAL AWARDS (Continued) U, S. Deoartment of Labor Passed through Texas Workforce Commission: Wagner-Peyser Employment Services 17.207 1612WPA000 $ 56,055 Wagner-Peyser Employment Services 17.207 1613WPA000 56,620 Subtotal 112,675 U1 REA 17.225 1612FUC000 11,861 Trade Act Services for Dislocated Workers 17.245 1612TRA000 ( 1,958) Trade Act Services for Dislocated Workers 17.245 1613TRA000 3,067 Subtotal 1.109 WIA Adult 17.258 1611 WIA000 43,044 WIA Adult 17.258 1612WIA000 493,599 WIA Adult 17.258 1613 WIA000 14,555 Disability Navigator Initiative 17.258 1612DNI000 475 WIA Youth 17.259 1611 W1Y000 143,551 WIA Youth 17.259 1612MY000 505,901 WtA Youth 17.259 1613WIY000 15,153 Disability Navigator Initiative 17.259 1612DNI000 { 4) WIA Dislocated Worker 17.278 1611 WID000 202,290 WIA Dislocated Worker 17178 1612WID000 674,518 WIA Dislocated Worker 17.278 1613WID000 23,728 Subtotal •WIA Cluster 2,116,810 Total Texas Workforce Commission 2,242,455 Total U. S. Department oJLabor 2,242,455 U. S Department of Transportation Passed through Texas Department of Transportation Planning Assistance 20.515 51317F7072 69,543 Planning Assistance 20.515 51317F7293 6,138 Total Texas Department of Transportation 75,681 Total U S. Department ojTraasportation 75,681 (continued) 73 Vol. 200 Pg. /oI BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS (Continued) FOR THE YEAR ENDED SEPTEMBER 30, 2013 Federal Pass- through Federal Grantor/Pass- through Grantor/ CFDA Grantors Program Title Number Number Expenditures FEDERAL AWARDS (Continued) U S Departnent of Health and Human Services Passed through Texas Department of Aging and Disability Services: Title VII -EAP 93.041 539.11. 0007.00001 $ 3,177 PY Title VII -EAP 93.041 539 -I1 -0007 -00001 51 3,228 Subtotal Title VII -OAG 93.042 539.11 -0007 -00001 19,832 PY Title VII -0AG 93.042 539 -11. 0007 -00001 157 19,989 Subtotal Title 111 -D Evidence Based - Intervention 93.043 539 -11. 0007.00001 13,584 Title 111-B 93.044 539.11 -0007 -00001 321,507 SUA Title I11 -B 93.044 539 -11 -0007 -00001 10,858 PY Title III -B 93.044 539 -11 -0007 -00001 1,891 Title III -CI 93.045 539 -11- 0007 -00001 264,329 SUA Title BI -Cl 93.045 539 -11- 0007 -00001 11,024 PY Title I1I -Cl 93.045 539 -11 -0007 -00001 9,177 Title 111-C2 93.045 539 -11 -0007 -00001 249,760 SUA Title 111 -C2 93.045 539 - 11.0007 -00001 3,837 PY Title II1 -C2 93.045 539 -11 -0007 -00001 2,114 NSIP 93.053 539 -11. 0007 - 00001 90,674 PYNSIP 93.053 539 -11- 0007 -00001 402 Subtotal Aging Cluster 965,573 ADRC - ACL Grant 93.048 539 - 11.0007 -00001 7,477 ADRC - FY 12 Carryover 93.048 539 -11 -0007 -00001 24,230 Subtotal 31,707 Title IB -E 93.052 539 -11. 0007 -00001 94,089 SUA Title III -E 93.052 539 -11 -0007 -00001 3,179 PY Title tII -E 93.052 539 -11- 0007 -00001 33,197 Subtotal 130,465 Affordable Care Act - MIPPA (2012) 93.518 539 -11 -0007 -00001 ( 4,471) CMS - MIPPA (2012) 93.779 539 -11. 0007.00001 4,471 CMS Basic (04/01/12 - 03/31/13) 93.779 539 - 11.0007 -00001 25,211 CMS Basic (04/01113 - 03/31/14) 93.779 539 -11. 0007.00001 54,632 ADRC - MFP/I.CA Carryover 93.779 539.11- 0007 -00001 8,168 ADRC - MFP 100 %Admin 93.779 539 -11- 0007 -00001 18,498 ADRC - MFPD Admin and Rebalancing 93.779 539 -11- 0007.00001 55,516 Subtotal 166,496 OMB MFPD 93.791 539 -11 -0007 -00001 1,483 PY OMB MFPD 93.791 539 -11- 0007 -00001 1.340 2,823 Subtotal Total Texas Department of Aging and Disability Services 1,329,394 (continued) 74 Vol. 200 Pg. //0 BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS (Continued) FOR THE YEAR ENDED SEPTEMBER 30, 2013 (continued) 75 Vol. 200 Pg. /// Federal Pass - through Federal Grantor/Pass- through Grantor/ CFDA Grantor's Program Title Number Number Expenditures FEDERAL AWARDS (Continued) U S Department of Health and Human Services (continued) Passed through Texas Department of State Health Services: HIV Care Formula Grants 93.917 2013 - 042081 $ 2,489,439 HIV Care Formula Grants 93.917 2014- 001443 93,385 Total Texas Department of State Health Services 2,582,824 Passed through Texas Workforce Commission: TANF Choices 93.558 1612TAN000 52,552 TANF Choices 93.558 1613TAN000 858,064 Wagner-Peyser Employment Services 93.558 1613WPA000 9,563 Disability Navigator Initiative 93.558 1612DNIM ( 85) Subtotal - TANF Cluster 920,094 Child Care Administration and Operations Measures 93.575 1612PAD000 25,000 ChitdCareServices 93.575 1612CCF000 438,576 Child Care Services 93.575 1613CCF000 1,195,695 Child Care Attendance Automation Service 93.575 1613CAA000 39,916 Child Care Local Match 91596 1612CCM000 545,284 Child Care Additional Match 93.596 1612CAM000 99,268 Child Care Services 93.596 1613CCF000 1,943,045 Subtotal - CCDF Cluster 4,286,784 Child Care Services 93.667 1613CCF000 35,461 Total Texas Workforce Commission 5,242,339 Passed through United Way of Tarrant County: UWTC Market Place Navigator 93.750 N/A 6,563 Total United Way of Tarrant County 6,563 Total U. S. Department of Health and Human Services 9,161,120 Corporation for National and Community Service Direct Programs: Retired and Senior Volunteer Program (RSVP) 94.002 11SRWTX011 92,823 Retired and Senior Volunteer Program (RSVP) 94.002 IIRZWTX022 25,722 Total Corporation far National and Community Service 118,545 (continued) 75 Vol. 200 Pg. /// BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS (Continued) FOR THE YEAR ENDED SEPTEMBER 30, 2013 Federal Pass - through Federal GramorlPass- through Grantor/ CFDA Grantors Program Title Number Number Expenditures FEDERAL AWARDS (Continued) U S. Department of Homeland Security Passed through Texas Department of Public Safety: Hazard Mitigation - Safe Room Homeland Security Grant Program-CC? 2010 Homeland Security Grant Program -SHSP 2011 Homeland Security Grant Program -SHSP 2010 Homeland Security Grant Program -SHSP 2030 Homeland Security Grant Program -SHSP M &A 2011 Homeland Security Grant Program -SHSP 2012 Homeland Security Grant Program -SHSP LETPA 2012 Subtotal Homeland Security Grant Program Total Texas Department of Public Safety Total it S. Department of Homeland Security Total Federal Awards 97.039 DR -1791 -085 S 32,126 97.053 97.067 97.067 97.073 97.073 97.073 97.073 (continued) 76 Vol. 20 0 Pg. l /.)- 10 -SR 99003.01 I1 -SR 99003.01 10 -SR 99003.07 10 -SR 99003 -01 11 -SR 99003 -05 12 -SR- 99003.02 12 -SR- 99003.01 10,325 107,455 55,722 35,195 25,797 78,441 84,911 397,846 429,972 429,972 23.712,457 BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS (Continued) FOR THE YEAR ENDED SEPTEMBER 30, 2013 State Grantor/Program Title STATE AWARDS Texas Department of Aging and Disability Services Direct Programs: State General Revenue Title III -E Match State General Revenue - Other ADRC - PI Options Counseling Total Direct Programs Passed through Texas Association of Area Agencies on Aging State General Revenue Total Texas Association of Area Agencies on Aging Total Texas Department of Aging and Disability Services Commission on State Ememenev Communications 911 911 Total Commission on State Emergency Communications Texas Commission on Environmental Ouality Solid Waste Coordination and Implementation Total Texas Commission on Environmental Quality Texas Workforce Commission Texas Back -To -Work Initiative Supplemental Nutrition Assistance Program - E &T TANF Choices Child Care Services Child Care DFPS Child Care DFPS Subtotal Total Texas Workforce Commission Office of the Governor. Criminal Justice Division Regional Criminal Justice Coordination (FYI 2) Regional Criminal Justice Coordination (FYI 3) Subtotal Law Enforcement Training & Education Total ice of the Governor, Criminal Justice Division (continued) 77 Vol. 200 Pg. 113 Grant Number 539.11 -0007 -00001 539.11 -0007 -00001 539 -11. 0007.00001 N/A 2013 2014 582 -12 -10144 1612BTW000 1613 SNE000 1613TAN000 1613CCF000 1613CCP000 1614CCP000 300 -3 -0324 N/A 1465213 Excenditurm S 15,000 80,434 30,140 125,574 6,297 6,297 131,871 642,432 25,999 668 =431 163,933 163.933 12,906 62,955 80,970 915,246 231,213 22.068 1,168,527 1,325,358 41,644 3.334 44,978 85,300 130,278 BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS (Continued) FOR THE YEAR ENDED SEPTEMBER 30, 2013 78 Vol. 200 Pg. //� Grant State Grantor/Progratn Title Number Expenditures STATE AWARDS (Continued) Texas Health and Human Services Commission Passed through Ark -Tex Council of Governments: Community Based Outreach 529 -06- 0405 -00019 1,716) Total Ark -Tex Council of Governtnants ( 1,710 Total Texas Health and Human Services Commission ( 1,716) Texas Department of State Health Services HIV/STD Prevention and Care Branch State Services 2013 - 041928 792,330 HIV/STD Prevention and Care Branch Stare Services 2014 - 001443 32,285 Total Texas Department ojState Health Services 824,615 Texas Department of Insurance Three Shen Grant 454.12 -09001 383,584 Total Texas Department ojlnsurance 383,584 Total State Awards 3,626,354 Total Expenditures of Federal and State Awards S 27,338,811 78 Vol. 200 Pg. //� 2. Kj 4. BRAZOS VALLEY COUNCIL OF GOVERNMENTS NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS SEPTEMBER 30, 2013 GENERAL The Schedule of Expenditures of Federal and State Awards presents the activity of all applicable federal and state awards programs of Brazos Valley Council of Governments. The Council's reporting entity is defined in Note 1 of the basic financial statements. Federal and state awards received directly from federal and state agencies, as well as federal awards passed through other government agencies, are included on the Schedule of Expenditures of Federal and State Awards. BASIS OF ACCOUNTING The Schedule of Expenditures of Federal and State Awards is presented using the modified accrual basis of accounting. The modified accrual basis of accounting is described in Note 1 of the basic financial statements. REVOLVING LOAN FUND EXPENDITURES The expenditures presented in the Schedule of Expenditures of Federal and State Awards for the Economic Development Administration Revolving Loan Fund are $557,192. These expenditures are based on a formula and do not readily agree to the basic financial statements. The calculation of the amount presented in the Schedule of Expenditures of Federal and State Awards is as follows: Balance of RLF loans outstanding at 09/30/2013 $ 324,510 Cash and investment balance at 09/30/2013 471,738 Administrative costs during the fiscal year 11,277 Unpaid principal of loans written off during the fiscal year - Total EDA Revolving Loan Fund Expenditures 807,525 Federal Participation Rate 69% Total Federal Share of EDA Revolving Loan Fund Expenditures $ 557,192 NEGATIVE AMOUNTS Due to a revision in the allocation of certain costs, the grantor has retroactively allocated certain grant expenditures. As a result of this, the effected grants reflect a negative balance on the current Schedule of Expenditures of Federal and State Awards. 79 Vol.-200 Pg. 115 BRAZOS VALLEY COUNCIL OF GOVERNMENTS SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED SEPTEMBER 30, 2013 Summary of Auditors' Results Financial Statements: Type of auditors' report issued Unmodified Internal control over financial reporting: Material weakness(es) identified? No Significant deficiency(ies) identified? None reported Noncompliance material to financial statements noted? No Federal and State Awards: Internal control over major programs: Material weakness(es) identified? No Significant deficiency(ies) identified? None reported Type of auditors' report issued on compliance for major programs Unmodified Any audit findings disclosed that are required to be reported in accordance with Section 510(a) of OMB Circular A -133 or State of Texas Uniform Grant Management Standards? No Identification of major programs: CFDA Number(s) 93.044, 93.045, 93.053 93.558 91575, 93.596 State Dollar threshold used to distinguish between type A and type B federal programs Dollar threshold used to distinguish between type A and type B state programs Auditee qualified as low -risk auditee under Section 510(a) of OMB Circular A -133? Auditee qualified as low -risk auditee under State of Texas Uniform Grant Management Standards? Findines Relatins to the Financial Statements Which Are Required to be Reported in Accordance With Government Auditine Standards None Findines and Questioned Costs for Federal and State Awards None FIff Vol. 200 Pg. Name of Federal /State Program or Cluster: Aging Cluster TANF Cluster CCDF Cluster Child Care Services/DFPS $711,374 $300,000 Yes Yes None BRAZOS VALLEY COUNCIL OF GOVERNMENTS SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS FOR THE YEAR ENDED SEPTEMBER 30, 2013 81 Vol. 200 Pg. /,/ -;�