HomeMy WebLinkAbout2016-09-06 10:00AM REGULAR MEETINGBRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON SEPTEMBER 6, 2016 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-20:
3. Proclamation 16-030 declaring Tuesday, October 4, 2016 as "National Night Out".
4. Approval of the Job Description for Temporary Attendant, Building & Grounds (Class
Code 0832, Position 15) for Exposition Complex.
5. Request to approve of contract between Brazos County and Texas Voting Systems for
election services for the November 8, 2016 General Election.
6. Approval of addendum to agreement with Infinity Networks, Inc. assigning NCIC Inmate
Telephone Services as our provider for inmate telephone service.
7. Discuss and take possible action on a contract with Youth Advocate programs, I nc. for
juvenile reintegration services.
8. Award and approval of contract for Bid # 2016-194 Drake Drive Median Improvements,
with Frank & Son Dozerworks, LLC in the amount of $61,483.00.
9. Approval of contract # 17-010 Citizen Collection Site Trash Pickup.
10. Approval of contract # 17-012 Portable Toilet Rental for Brazos County.
11. Final Plat of Jones Road Business Park, Lot 1, Block 1; 7.507 Acres, T.J. Wooten
League, A-59; (Bryan ETJ) Brazos County, Texas. Site is located in Precinct 4.
12. Tax Refund' Applications for the following:
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• a. Royalty Clearinghouse LTD -overpayment -$5.64
• b. Eduardo & Sonia Pecina-overpayment-$31.42
• c. Terry M. Jones -overpayment -$5.60
• d. Wells Fargo -overpayment -$17.21
• e. Louis Ramirez -overpayment -$50.00
13. Commissioners Court minutes for the following dates:
• a. August 1, 2016 - Regular Meeting
• b. August 9, 2016 - Regular Meeting
• c. August 9, 2016 - Public Hearing at 10:15 am
• d. August 9, 2016 - Public Hearing at 10:20 am
• e. August 16, 2016 - Regular Meeting
• f. August 23, 2016 - Regular Meeting
• g. August 23, 2016 - Public Hearing at 1:30 pm
• h. August 23, 2016 - Public Hearing at 1:45 pm
• i. August 30, 2016 Regular Meeting
• j. August 30, 2016 - Public Hearing at 10:15 am
• k. August 30, 2016 - Special Session
• I. August 30, 2016 - Public Hearing at 6:00 pm
14. Budget Amendments.
Budget Amendments FY 15/16 49.1 -49.5
15. Adoption of the County Budget for fiscal year ending September 30, 2017.
16. Resolution 16-016 levying a tax rate for Brazos County for the Tax Year 2016.
17. Ratification of the property tax increase due to the adoption of a budget that will require
more revenue from property taxes than in the previous year.
18. Adoption of the Brazos County Salary Schedule for Fiscal Year 2017.
19. Personnel Change of Status.
Personnel Action Forms
20. Payment of Claims.
21. Acknowledgement of the Monthly Reports Submitted in August 2016.
22. Sheriffs report on inmate population.
23. Announcement of interest items and possible future agenda topics.
24. Call for Citizen input and/or concerns
25. Adjourn.
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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 of 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.
ft 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 speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/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. Flowever, 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 Section
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 decision 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) 361-4102.
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MINUTES
SEPTEMBER 6, 2016
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
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,
September 6, 2016 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.
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 - Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-20:
3. Proclamation 16-030 declaring Tuesday, October 4, 2016 as "National Night Out".
The Court voted unanimously to adopt Proclamation #16-030 declaring October 4, 2016
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as "National Night Out' in Brazos County. The Cour[ along with the mayors of the Cities
of Bryan and College Station, and the President of Texas A & M University call upon the
citizens of Brazos County to join their law enforcement officers and the National
Association of Town Watch in supporting the 33rd annual "National Night Out' on
Tuesday, October 4, 2016.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
4. Approval of the Job Description for Temporary Attendant, Building & Grounds (Class
Code 0832, Position 15) for Exposition Complex.
A copy of the job description is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
5. Request to approve of contract between Brazos County and Texas Voting Systems for
election services for the November 8, 2016 General Election.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
6. Approval of addendum to agreement with Infinity Networks, Inc. assigning NCIC Inmate
Telephone Services as our provider for inmate telephone service.
A copy of the addendum to the agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Discuss and take possible action on a contract with Youth Advocate programs, Inc. for
juvenile reintegration services.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
8. Award and approval of contract for Bid # 2016-194 Drake Drive Median Improvements,
with Frank & Son Dozerworks, LLC in the amount of $61,483.00.
A copy of the contract is attached.
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Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
9. Approval of contract # 17-010 Citizen Collection Site Trash Pickup.
On motion by Commissioner Catalena, seconded by Commissioner Wassermann, the
Court voted unanimously to approve item 9.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
Commissioner Catalena then amended his motion and Commissioner Wassermann
amended his second to include the award of Contract 17-010 Citizen Collection Site
Trash Pickup to Texas Commercial Waste. The motion passed unanimously.
A copy of the bid tabulation sheet and contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner -Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
10. Approval of contract # 17-012 Portable Toilet Rental for Brazos County.
Contract 17-012 Portable Toilet Rental for Brazos County was awarded to Texas
Commercial Waste. A copy of the bid tabulation sheet and contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
-Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
11. Final Plat of Jones Road Business Park, Lot 1, Block 1; 7.507 Acres, T.J. Wooten
League, A-59; (Bryan ETJ) Brazos County, Texas. Site is located in Precinct 4.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
12. Tax Refund Applications for the following:
• a. Royalty Clearinghouse LTD -overpayment -$5.64
• b. Eduardo & Sonia Pecina-overpayment-$31.42
• c. Terry M. Jones -overpayment -$5.60
• d. Wells Fargo -overpayment -$17.21
• e. Louis Ramirez -overpayment -$50.00
pg. 9
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
13. Commissioners Court minutes for the following dates:
• a. August 1, 2016 - Regular Meeting
• b. August 9, 2016 - Regular Meeting
• c. August 9, 2016 - Public Hearing at 10:15 am
• d. August 9, 2016 - Public Hearing at 10:20 am
• e. August 16, 2016 - Regular Meeting
• f. August 23, 2016 - Regular Meeting
• g. August 23, 2016 - Public Hearing at 1:30 pm
• h. August 23, 2016 - Public Hearing at 1:45 pm
• i. August 30, 2016 - Regular Meeting
• j. August 30, 2016 - Public Hearing at 10:15 am
• k. August 30, 2016 - Special Session
• I. August 30, 2016 - Public Hearing at 6:00 pm
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
14. Budget Amendments.
Budget Amendments FY 15/16 49.1 -49.5
49.1 Reallocate funds for Election Services.
49.2 Reallocate funds for Tax Assessor/Collector.
49.3 Reallocate funds for Facility Services.
49.4 Reallocate funds for Non -Departmental.
49.5 Transfer funds from General Fund Contingency to Court Support - Civil.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
15. Adoption of the County Budget for fiscal year ending September 30, 2017.
Commissioner Mallard stated that he would like a full-time deputy and a part-time deputy
added to the budget for Constable, Precinct 3.
Judge Peters suggested going through the amendments and then Commissioner
Mallard could make a motion to add the positions at the end.
Amendment 1
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Juvenile JJAEP - Reclassify Teacher, Class Code 1853 Position 1 from hourly staff pay
code 014 to salary class code 013 to comply with DOL Overtime Rule changes. Move
$40,706 from hourly staff account to salary staff account.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 2
General Capital Projects and General Fund Contingency - Decrease Computer
Software by $6,800, decrease the transfer from General Fund by $6,800, reduce the
transfer to Capital Improvement by $6,800 and increase General Fund Contingency
Fund $6,800.
Commissioner Cauley asked if the Information Technology Department is aware of this.
Budget Officer Irene Jett pointed out that the Road and Bridge Department added the
software in 2016.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 3
General Capital Projects and General Fund Contingency - Decrease General Capital
Improvement Fund $43,000 and decrease the transfer from General Fund by $43,000,
reduce the Transfer to Capital Improvement by $43,000 and increase General Fund
Contingency $43,000. A vehicle for Constable, Precinct 4 was purchased earlier to
expedite the replacement of a vehicle involved in a collision.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 4
General Fund Contingency and Non -Departmental - Increase Non -Departmental by
$966 to allow for the purchase of a computer and monitor for the bailiff, and increase
use of General Fund Contingency balance by $966 for 361 st District Court.
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Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Amendment 5
General Fund Contingency and Non -Departmental - Increase Non -Departmental by
$22,500 for the AHU drive replacement at the Brazos Center and increase use of
General Fund Contingency by $22,500.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
Amendment 6
General Fund Contingency and Non -Departmental - Decrease General Fund
Contingency by $6,100 and increase Non -Departmental by $6,100 to purchase two (2)
Self Contained Breathing Apparatus for the Detention Facility.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Amendment 7
County Auditor and General Fund Contingency - Decrease Assistant County Auditor II,
Class Code 0317 Position 3, Group NA, Step NA, from $21.70 per hour to $21.52 per
hour. This will decrease the County Auditor's budget in salary and related benefits by
$457 and increase the General Fund Contingency $457.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 8
Human Resources and General Fund Contingency - Increase Human Resource
Specialist, Class Code TBD Position 1, Group 14, Step 2, from $15.30 per hour to
$16.07 per hour. This will increase the Human Resources' budget for salary and related
benefits by $1,959 and increase the use of General Fund Contingency $1,959.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
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LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 9
Road & Bridge and General Capital Improvements - Decrease General Fund Road &
Bridge 's Roads -Capital in the amount of $2,200,000 and increase transfer to Capital
Improvement Fund by $2,200,000. Increase transfer from General by $2,200,000 and
increase the General Capital Improvements Fund - Roads by 2,200,000 for the
improvements on Mesa Verde Road and Arrington Road.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 10
Law Enforcement Education Fund - Decrease restricted fund balance for Law
Enforcement Education Fund by $2,504, decrease LEOSE Constable, Precinct 3 by
$1,613 and decrease LEOSE Sheriff by $891.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 11
General Fund Contingency and Non -Departmental - Increase City of Bryan Economic
Development Foundation revenue by $111,590 and Profession Fees -Other by $111,590
for the Mikulin Road Construction Project.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
Amendment 12
Grant Fund: TAC Risk Control Grant - Increase revenue from TAC Risk Control
Reimbursement Grant by $25,936 and Contract Services by $25,936 for the repair of
the roof in the Administration Building. Project not completed in 2016.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
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Amendment 13
General Fund Contingency and General Capital Improvements - Increase use of
General Fund Contingency by $25,000. Increase transfer to General Capital
Improvement Fund, increase transfer from General Fund and increase Building
Renovation - Jail all by $25,000 for kitchen expansion design cost at the Detention
Center.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Amendment 14
General Fund Contingency and Non -Departmental - Increase use of General Fund
Contingency by $8,925 for the Tax Office Redundant Connection Project not completed
in FY 2016. Increase Network Maintenance cost by $8,925 in Non -Departmental
Division.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 15
Justice of the Peace, Precinct 3 and General Fund Contingency- Delete Clerk I - JP 3,
Class Code 0623 Position 1, Group 10, Step 2, Pay Code 016 (Part-time) and create
Clerk I - JP 3, Class Code 0604 Position 2, Group 10, Step 2, Pay Code 014 (Full-
time). This will increase the Justice of the Peace, Precinct 3 budget by $28,547 and
decrease the Justice of the Peace, Precinct 3 hourly part-time account $13,718 and
decrease the General Fund Contingency by $28,547.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Amendment 16
361st District Court and General Fund Contingency - Decrease 361st District Court -
Court Reporter, Class Code 2530 Position 1, Group 25, Step 12 to Group NA, Step NA,
from $2,830.40 per pay to $2,774.81 per pay. This will decrease the 361st District
Court's salary and related benefits budget by $1,767 and increase the use of General
Fund Contingency by $1,767.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
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Wassermann.
Amendment 17
Sheriff's Administration and General Fund Contingency - Decrease Clerk 1 - Evidence,
Class Code 1435 Position 5, Group 10, Step 7 to Group 10, Step 5 and increase
Program Coordinator, Class Code 1441 Position 1, Group 14, Step 9 to Group 14, Step
10. This will decrease the Sheriff's Administration budget salary and related benefits by
$610 and increase the use of General Fund Contingency budget by $610.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Amendment 18
Collections and General Fund Contingency - Decrease Clerk II - Collections, Class
Code 1730 Position 1, Group 11, Step 7 to Group 11, Step 6. Increase Clerk III -
Collections, Class Code 1731 Position 2, Group 12, Step 10 to Group 12, Step 11.
This will increase the Collections' salary and related benefits budget by $151 and
increase the use of General Fund Contingency by $151.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Amendment 19
Juvenile Detention and Juvenile Administration - Move salary, benefits, and longevity for
Detention Counselor, Class Code 2811 Position 1, Group 20, Step 10, Pay Code 014 to
Pay Code 013 from Juvenile Detention -31000200 to Juvenile Administration -
31001000. This will decrease the Juvenile Detention budget by $79,225 and increase
the Juvenile Administration budget by $79,225.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Amendment 20
General Fund Contingency and Non -Departmental - Increase use of General Fund
Contingency by $7,700 and increase Non -Departmental - Equipment - Other budget by
$7,700 to purchase eight (8) ballistic helmets.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
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Wassermann.
Amendment 21
Commissioner Mallard made a motion, seconded by Commissioner Cauley, to add a
part-time position to Constable, Precinct 3 budget. Commissioner Mallard stated he
believes the position is needed for the truancy cases that are managed in that precinct.
Judge Peters said that he disagrees with the need of another part-time position. Judge
Peters stated that he understands the work load In that precinct because he has also
worked in that position before. Judge Peters also pointed out that a part-time position
has already been changed to a full-time position for Constable, Precinct 3.
Commissioner Catalena asked Budget Officer Irene Jett how this added position would
affect the budget. Mrs. Jett stated that it would not change the budget but the funds
would come from contingency. She said that she has not calculated it yet.
The motion failed
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Failed. 2-3. Ayes: Cauley, Mallard. Nays: Catalena, Peters, Wassermann.
Commissioner Catalena moved to adopt the 2016-2017 total budget including
amendments. Commissioner Cauley seconded the motion and it passed unanimously.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
16. Resolution 16-016 levying a tax rate for Brazos County for the Tax Year 2016.
Judge Peters made a motion that the property tax rate be increased by the adoption of a
tax rate of 0.485000, which will effectively increase the tax rate by 4.01 %. The motion
was seconded by Commissioner Cauley and passed unanimously.
Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
The Court voted to set the payment of principal and interest on county debt for the 2016
tax year at $0.0592.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
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The Court voted to set the tax rate for Maintenance and Operations for the 2016 tax year
at $0.4258. The Tax Rate will effectively be raised by 3.17 percent and will raise taxes
for Maintenance and Operations on a $100,000 home by approximately $1.04.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
17. Ratification of the property tax increase due to the adoption of a budget that will require
more revenue from property taxes than in the previous year.
Judge Peters stated that this budget will raise more total property taxes than last years
budget by $3,153,546 or 4.79%, and of that amount, $2,235,980.06 is tax revenue to be
raised from new property added to the tax roll this year.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
18. Adoption of the Brazos County Salary Schedule for Fiscal Year 2017,
The Court approved as submitted the Salary Schedule for Fiscal Year 2017. A copy is
attached.
Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
19. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 4-0. Ayes: Catalena, Cauley, Mallard, Peters.
Abstain: Wassermann.
20. Payment of Claims.
Claims 7147867-7148083
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
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21. Acknowledgement of the Monthly Reports Submitted in August 2016.
The Court acknowledged receipt of the Extension Service reports submitted in August
2016 and acknowledged receipt of reports from the following County and Precinct
Offices showing revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Sheriff
22. Sheriff's report on inmate population.
Wayne Dicky, Jail Administrator stated there were 624 inmates in jail, 43 have electronic
monitors and 10 are pending for monitors.
23. Announcement of interest items and possible future agenda topics.
There were no announcements.
24. Call for Citizen input and/or concerns
There was no citizen's input.
25. Adjourn.
The foregoing minutes of the Commissioners Court meeting held September 6, 2016
have been examined and are approved in open Court this I i"1►1 day of
2016, in Bryan, Brazos County, Texas.
Duane Peters Lloyd A7assermann
County Judge Commissioner, Precinct 1
sa'mmy Cara a Kenny Mallar
Commissi er, Precinct 2 Commissioner, Precinct 3
Commissioner, Precinct 4
Attest:
Vol. �U Pg.
Y` ...
vim.. �. r � 1
Name
(PLEASE PRINT)
BRAZOS COUNTY
CON IISSIONER' S COURT
6 DAY OF , 20 110
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Sire Ac owica
Oraranization
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BRAZOS COUNTY
CON/MSSIONIER' S COURT
Name Onianization
("PLEASE DRI T, (PLEASE PRINT)
Vol. ) Pg.�
=Whereas: the National Association of Town Watch is sponsoring a unique, nationwide crime, drug, and
violence prevention program on Tuesday, October 4, 2016, entitled "National Night Our"; and
-Whereas, the "33"' annual National Night Out" provides a unique opportunity for Brazos County, the cities
of Bryan and College Station, and Texas A&M University rejoin forces with thousands of other
communities across the country in promoting cooperative police cerrununity crime prevention
efforts; and
-Whereas, the law enforcement agencies ofBmzos County, the cities of Bryan and College Station, and Texas
A&M Universitybavejoined together in the crime prevention efforts and are supporting "National
Night Out 1016" locally; and
-Whereas, it is essential that all citizens of Brazos County, the cities of Bryan and College Station, and Texas
A&M University be aware of the importance of crime prevention programs and the impact their
participation can have on reducing crime, drugs, and violence in Brazos County; and
-Whereas: police -community partnerships and neighborhood safety and awareness and cooperation are
important themes of the "National Night Out' program.
Now, therefore: I, Duane Peters, County Judge of Brazos County, Jason Bienski as Mayor of Bryan,
Nancy Berry as Mayor of College Station, and Michael K. Young as President of Texas A&M University, do
hereby call upon all citizens of Brazos County, the cities of Bryan and College Station, and Texas A&M University
to join their law enforcement officers and the National Association of Town Watch in supporting the 193i°annual
National Night Out' on Tuesday, October 4, 2016.
Further, let it be resolved that I, Duane Peters, County Judge of Brazos County, Jason Bienski as Mayor
of Bryan, Nancy Berry as Mayor of College Station, and Michael K. Young as President of
Texas A&M University, do hereby proclaim Tuesday, October 4, 2016 as:
-XatiOttQtNl9ibt Out-
COUNTY
rli
COUNTY O OS
Duane Peters, County Judge
CITY OF COLLEGE STATION
N�anc B rG-A e
Mayor
CITY OF BRYAN
Jason Bienski, Mayor
TEXAS A&M UNIVERSITY
IWIchael K. Young, President
Vol. ��'' pg. 17
3
Brazos County
Job Description
Last Updated: September 2012
Template Revision 1.20811512012
Po5.1s
Class 832
Title:
Temporary Attendant Building & Grounds (1040 hrs.)
_
Pay Group 09
Department
--
--
Exposition Complex
FLSA Status Non Exempt
Reports To.
Event Supervisor, Event Coordinator & All Managers
Approved Date: ! 10/01/2015
EEOC Category:
Service/ Maintenance
Position End
Date: 109/30/2016
Temporary
Employee
L i
Signature:
Performs and monitors daily operational responsibilities Including janitorial duties responsibilities and maintenance of the Brazos
Complex including setting -up, cleaning and tearing -down events.
Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, norse
stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and
assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out
trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs
floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary, Assists
in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise
specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and
furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors
in a polite mannor during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various
hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistantsecretary
regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work,
creating assignments and/or monitoring work as necessary for part-time andlor temporary building attendants/staff.
Other Duties as
Given:
The physical demands described here are representative of those that must be met 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. While performing the duties of this job, the
employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend
and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift andlor move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific
vision abilities required for this job include close vision, distance vision, and the ability to adjust focus.
Typical: y Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning
I chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment
and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability
to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies.
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. The noise level in the work environment is
frequently loud. The employee is constantly required to work closely with others as a pad of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines. The employee may be exposed to extreme weather
conditions.
znl�&*N
Duane Peters Date
County Judge
Vol.
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
5
This contract made and entered into this the _(� day of September, 2016, by and between TEXAS
VOTING SYSTEMS, INC., a Texas Corporation, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION
ADMINISTRATOR, as Contracting Officer for the CITY OF BRYAN and CITY OF COLLEGE STATION.
WITNESSETH:
Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and
Whereas, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR is
desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the GENERAL,
CITY OF BRYAN MUNICIPAL, CITY OF COLLEGE STATION MUNICIPAL, and CITY OF COLLEGE
STATION SPECIAL ELECTIONS to be held on November S, 2016 in Brazos County, Texas;
Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it
is agreed that:
TEXAS VOTING SYSTEMS, INC. will provide the following supplies:
(a) Thirty-three (33) custom gathered election sets (26 for Election Day, 5 for Early Vote, 1 for Early
Voting Ballot Board and 1 for Central Counting).
(b) Five thousand (5,000) sample ballots
(c) All required numbered seals for eSlates and JBC's and transfer cases
(d) Vote center supply packs (pens, tape, paper clips, tacks, and highlighters ) as required
II
TEXAS VOTING SYSTEMS, INC. will provide the following services:
(a) Programming for the elections.
(b) Pre -define voting equipment (320 eSlates, 35 JBCs for Election Day, 70 eSlates,
7 JBCs for Early Vote
(c) Transport and set up equipment at 5 Early Voting locations, tear down and pick up equipment and
return to warehouse
(d) Transport equipment to 21 vote centers and return to the warehouse after the election
(5 vote centers are to be picked up and returned by the election judges.)
(e) Back up of the equipment after the election
(f) Provide assistance on Election Day as required to include Central Counting
(g) Clear equipment after retention period
(h) Provide consulting services before and after the election
Vol. �o Pg. /��
III
The BRAZOS COUNTY ELECTION ADMINISTRATOR, shall be responsible for and hereby assumes
the following duties and obligations in regard to the GENERAL, CITY OF BRYAN MUNICIPAL, CITY OF
COLLEGE STATION MUNICIPAL, COLLEGE STATION SPECIAL ELECTIONS to be held on November
8,2016:
(a) Payment of Election Judges and Clerks
(b) Payment of Central Counting staff, Early Voting Ballot Board, and Signature Verification Committee
(c) Furnish Texas Voting Systems, Inc. a complete list of all candidates for all races and all propositions
to be considered in the above mentioned election
(d) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling
places and any other statutory requirements as required by the Texas Election Code and/or the
Federal Voting Rights Act.
(e) Payment of the TEXAS VOTING SYSTEMS, INC. contract
The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for services
rendered and supplies provided by said corporation for the GENERAL, CITY OF BRYAN MUNICIPAL, CITY
OF COLLEGE STATION MUNICIPAL, COLLEGE STATION SPECIAL ELECTIONS to be held on
November 8, 2016 is THIRTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($37,000.00)
APPROVED by BRAZOS COUNTY this day of September, 2016-
EDuane Peters
County Judge
Trudy R. H cock
Election Administrators
C A �
W. C. `Bill' Suns
Vice President, Texas Voting Systems, Inc
C.TVS Cont/Geo Elc IINS/I6 con
Vo I.
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally
appeared W. C. `Bill' Sims, known to be to be the person and officer whose name is subscribed tot he foregoing
instrument and acknowledged to me the same was the act of the said Texas Voting Systems, Inc., a corporation,
and that he executed the same as the act of such corporation for the purposes and consideration therein expressed,
and in the capacity therein stated. (�
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Lday ofdlk-1,14
�s L�lr
Notary Publi ' n and for Brazos County, Texas
TAWASKWM
Notary Public, State of TOM
s My Commission Expires
'+ SEPTEMBER 12.2017
C'TVSCont/Gen Hlc HJ03115co4
Vol.�� pg. %d r�
i
August 17, 2016
Inmate Phone Service
Addendum to Inmate Telephone Service Agreement
THIS ADDENDUM TO INMATE TELEPHONE SERVICE AGREEMENT dated this
day of August, 2016 by and between Brazos County (customer) and NCIC (company).
WHEREAS, Customer executed an agreement for the placement of Inmate Telephone
Equipment and operation of an inmate calling system dated December 15, 2015
for an initial term of two (2) years from date of completed installation with
options renew for an additional three (3) one (1) year terms;
WHEREAS, Customer and Company wish to exercise the assignment clause requiring
written permissionto assign said agreement to Network Communication International
Company (NCIC) per Section 9. Assignment of said agreement.
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by
their duly authorized representatives,
For County:
Name: Duane Peters
Title: County Judge
Date: qb( �) lP
Signature
For Company:
Name: Maurice "Mo" Mascorro
Title: Regional VP Sales
Date:
Signature
606 E. Magrill Street ' Longview, Texas 75601-903357 455 ' Fax-1-903-757-4899-'-www.ncic.corn
Vol. Pg' /�
YOUTH ADVOCATE PROGRAMS, INC.
SERVICE AGREEMENT
PARTIES
This agreement is made between Youth Advocate Programs, Inc. (YAP, hrc.) 2007 North
Third Street, Harrisburg, PA 17102 (Tax ID# 23-1977514) and Brazos County, 1904
1IWY 21 W, Bryan, Texas, 77803.
PURPOSE OF AGREEMENT
It is agreed upon by both parties that YAP, Inc. will provide Reintegration Services for
Brazos County youth and families. Both parties agree to hold regularly scheduled
meetings (at minimum monthly or as often as needed) to asses and evaluate the program.
Services to be provided are further described in the "SCOPE OF SERVICES" section of
this agreement.
TERM OF AGREEMENT
The term of this agreement shall begin September 1, 2016 and end no later than August
31, 2017. The agreement shall be eligible for renewal annually upon mutual agreement
of both parties as long as sufficient funding is available for the program services.
SCOPE OF SERVICES
YAP will meet any and all reporting or documentation requirements from the Texas
Juvenile Justice Department (TJJD) and Brazos County. YAP, Inc. will provide youth's
names, PLD # (juvenile number), age, race, date assigned to YAP, name of advocate
assigned, list of all activities advocate performs with youth, and each day /time they
meet; with the date, time, and activity listed and hours for each activity closely
calculated, using the 15 minute increment time system. YAP activities will meet Brazos
County Juvenile Probation Officers' needs and wishes per the youths' case plans and
YAP will communicate with the assigned Juvenile Probation Officer on a regular basis.
YAP agrees to fulfill the grant proposal as submitted to TJJD and as was approved for
funding using only programs and services that are research driven or evidence -based as
described in the grant proposal and as approved by the Brazos County Juvenile Services
Department. Verification of services will come from monthly invoices, probation officer
meetings with youth and families, as well as ongoing meetings with the YAP Program
Director. A Brazos County Juvenile Services Department Deputy Director will provide
oversight for this program and will also verify services.
Youth will receive an average of 10 hours a week (depending on individual needs) of
face to face services within their home, school, and community at times most needed by
the youth and family (such as evenings and weekends). Services may be delivered in
individual, group, or family settings based on their individual plan. YAP staffwill be
available on 24 hours, 7 days a week.
BCIS & YAP Contract 2016-2017 Page 1
V01.�� _ Pg. 16
The complete Program Description for Brazos County is outlined in the attached
Proposal to Provide Reintegration Services for Bra:os Couniv. (Attachment A)
COMPENSATION, HOURLY RATES AND BILLING
Upon referral, Brazos County Juvenile Services Department agrees to pay YAP, Inc.
536.00 per hour per youth, not to exceed S 187,160.00. See attached budget for specifics.
YAP, Inc. will bill Brazos County Juvenile Services Department on a monthly basis for
all services provided. The invoice will contain the hours of service and the number of
days billed. Payments shall be mailed to:
Youth Advocate Programs, Inc.
P. O. Box 950
Harrisburg, PA 17108
INSURANCE
YAP, Inc. agrees to maintain all appropriate and sufficient liability insurance. Proof of
coverage will be provided to Brazos County Juvenile Services Department upon request.
A copy of YAP's Certificate of Insurance has been reviewed and is attached.
CONFIDENTIALITY
Service Provider shall maintain strict confidentiality of all information and records
relating to children involved in Juvenile Probation, and shall not re -disclose the
information except as required to perform the services to be provided pursuant to this
Agreement, or as may be required by law.
ASSIGNMENT
The parties may not assign or delegate to third parties any rights or duties under this
agreement without the express written consent of both parties.
CANCELLA"CION
Either party may terminate this agreement before the expiration date of the agreement
upon thirty (30) days written notice to the other party, when deemed necessary by either
party.
NOTICES
Any notice under this agreement may be given to either party in person or by mail at the
address given in paragraph A.
Youth Advocate Programs, Inc. (YAP, Inc) efforts on behalf of troubled young people
are community-based, meaning that YAP Inc offers family -focused programming and
strives to help young people take advantage of beneficial resources that are available near
their homes. Although some of these resources may be connected in some way to a
religious or political group, YAP Inc. employees will not independently encourage YAP
Inc. clients to follow the teachings of a specific religious group or to join a specific
political party.
BCJS & YAP Contract 2016-201 Page 2
ENTIRE AGREEMENT
This document contains the entire agreement between the parties. No amendment to this
agreement shall be valid unless it is in writing and signed by both parties.
DUTY TO REPORT
As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall
report any allegation or incident of abuse, exploitation or neglect of any child (including
but not limited to a juvenile that has been placed by Juvenile Probation) within twenty-
four (24) hours from the time the allegation is made, to all of the following:
A. Local Law enforcement agency.
B. Texas Juvenile Justice Department by submitting a TJJD Incident
Report Fonn via email to abusenealectR( jjd.texas.gov (or if unable to complete
the form within 24 hours, then by call toll-free 1.877.786.7263
(1.877.STOP.ANE), followed by submitting the report within 24 hours of said
call); and
C. Brazos County Juvenile Probation Department to facsimile number
(979) 823-4211 (ATTN: Chief Probation Officer).
CRIMINAL. HISTORY SEARCHES
Criminal history searches shall be conducted by Service Provider, at the expense of the
Service Provider, for any and all of its employees, interns, volunteers or
contractors providing services in a juvenile justice facility or juvenile justice
program that may have direct unsupervised access to children in the facility or
program.
Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search
through the Texas Department of Public Safety.
B. Local law enforcement sex offender registration records check through the
Public Sex Offender Registry on the Texas Department of Public Safety
website.
C. Federal Bureau of Investigation fingerprint -based criminal history background
search at the National Crime Information Center; intemet-based searches shall
not be used to conduct this background search.
A copy of the initial criminal history report required by this Agreement and any reports
reflecting subsequent criminal activity shall be maintained for monitoring
purposes for whichever of the following occurs later: duration of the individual's
employment or period of service; minimum of three (3) years; or until any
pending litigation, claim, audit or review and all questions arising there from have
been resolved.
BCJS & YAP Contract 2016-2017 Page 3
Vol. Pg.
i l ,
As used within this Agreement, a disqualifying criminal history is a history that includes
any one of the following:
A. A felony conviction against the laws of this state, another state, or the United
States within the past ten (10) years;
B. A deferred adjudication for a felony against the laws of this state, another
state, or the United States within the past ten (10) years;
C. A Current felony deferred adjudication, probation or parole;
D. A jaitable misdemeanor conviction against the laws of this state, another state,
or the United States within the past five (5) years;
E. A deferred adjudication for a jailable misdemeanor against the laws of this
state, another state, or the United States within the past five (5) years;
F. A current jailable misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas
Code of Criminal Procedure.
In addition to the criteria and time frames set forth in the above definition of
disqualifying criminal history, an individual must not have direct unsupervised
access to children in a facility or program until at least one year has elapsed since
the completion of any period of incarceration, community supervision, or parole.
Any of Service Provider's employees, interns, volunteers or contractors with a
disqualifying criminal history shall be prohibited from having direct unsupervised
access to children in a juvenile justice facility or a juvenile justice program.
Juvenile Probation reserves the right, in its sole discretion, to prohibit any
individual with a prior criminal history from being placed in a position that
involves direct unsupervised contact with children.
DISCLOSURE OF INFORMATION
Service Provider warrants that, prior to entering this contract, it has verified and disclosed
the following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient
detail this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service provider's
licensing authorities;
BCJS & YAP Contract 2016-2017 c� Page 4
VEL
B. Any and all litigation filed against the Service Provider, or against its
employees, interns, volunteers, subcontractors, agents and/or consultants
that have direct contract with juveniles.
C. Any arrest of any employee, intern, volunteer, subcontractor, agent
and/or consultant of the Service Provider that has direct contact with
juveniles.
D. Any finding of "Reason to Believe" by a state regulatory agency in a
child abuse, neglect and exploitation investigation where an employee,
intern, volunteer, subcontractor, agent and/or consultant of Service
Provider that has direct contact with juveniles was the alleged or
designated perpetrator.
F.. The identity of any of State Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with
juveniles that are registered sex offenders; and
F. The identity of any of State Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have director contact with
juveniles that have a criminal history. For the purpose of this Agreement,
the tenn "criminal history" shall include: (1) current felony or
misdemeanor probation or parole; (2) a felony conviction or deferred
adjudication within the past 10 years; or (3) a jailable misdemeanor
conviction or deferred adjudication within the past five years.
EQUAL OPPORTUNITY
Service Provider agrees to respect and protect the civil and legal rights of all children and
their parents. It will not unlawfully discriminate against any employee, prospective
employee, child, childcare provider, or parent on the basis of age, race, sex, religion,
disability or national origin. Service Provider shall abide by all applicable federal, state
and local laws and regulations.
ASSIGNMENT & SUBCONTRACT
No officer, employee or agent of Juvenile Probation and no member of its governing
body and no other public officials of the governing body of the locality or localities in
which the project is situated or being carried who exercise any functions or
responsibilities in the project, shall participate in any decision relating to this Agreement
which affects or conflicts with his/her personal interest or have any personal or pecuniary
interest, direct or indirect, in his Agreement or the proceeds thereof.
DEFAUL]
Juvenile Probation may issue written notice of default to Service provider, terminate the
whole or any part of this agreement, as it deems appropriate, in any one of the following
circumstances:
A. If Scrvice Provider fails to perforin the work called for by this Agreement
within the time specified herein or any extension thereof; or
R. If Service Provider fails to perforin any of the other material provisions of
this Agreement, including failure to achieve the defined goals, outcomes,
BCJS & YAP Contract 2016-2017 Page 5
LV
ol.= 0 _ Pg. �� D
and outputs, or so fails to prosecute the work as to endanger the
performance of this Agreement in accordance with its terns, and
C. In either of these two circumstances after receiving notice of default,
Service Provider, does not cure such failure within a period often (10)
days.
YAP will immediately (within 24 hours) notify the chief or designee of any problems or
failures by YAP with meeting contract obligations or in providing required
services to youth in a timely manner.
WAIVER OF SUBROGATION
Service Provider expressly waives any and all rights it may have to subrogation to any
claims or rights of its employees, agents, owners, officers, or subcontractors against
Juvenile Probation. Service Provider also waives any rights it may have to
indemnification from Juvenile Probation.
INDEMNIFICATION
To the fullest extent permitted by law, YAP, Inc. shall indemnify, defend and hold
harmless Brazos county, its elected officials, appointed officials, officers, directors,
employees, agents and representatives (collectively referred to as the "indemnitees")
from and against any and all claims, liabilities, damages, losses, costs, and expenses,
including, but not limited to, attorney's fees, arising out of, resulting from, or occurring
in connection 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, 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 YAP, Inc.; (b) the work perfonmed or to be
perfonmed by YAP, Inc., 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: (I) 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 YAP, Inc. is responsible
under the agreement documents. Yap, Inc.'s indemnity obligation herein shall not be
construed to negate, abridge or reduce other rights or obligations of indemnity that
would otherwise exist as to a party or person described in this section. The scope and
extent of this indemnity shall not be limited by the availability of coverage under YAP,
Inc.'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 agreement.
BCJS & YAP Contract 2016-201.7 Page 6
von. p
9
SOVEREIGN IMMUNITY
This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title
5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state
law. The parties expressly agree that no provision of this Agreement is in any way
intended to constitute a waiver or any immunities from suit or from liability that the
Brazos County has by operation of law. Nothing in this Agreement is intended to benefit
any third party beneficiary.
REPRESENTATIONS & WARRANTIES
Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this
Agreement;
B. That it is qualified to do business in the State of Texas; that it holds all
necessary licenses and staff certifications to provide the type(s) of services
being contracted for, that it is in compliance with all statutory and
regulatory requirements for the operation of its business; and that there are
no taxes due and owing of the State of Texas, any County in the State of
"Texas, or any political subdivision thereof:
C. That it carries sufficient insurance to provide protection to Juvenile
Probation under the indemnity provisions, as well as for any potential
liabilities that arise from or related to this Agreement; and
D. That all of its employees, interns, volunteers, subcontractors, agents and/or
consultants will be properly trained to report allegations or incidents of
abuse, exploitation or neglect of a juvenile in accordance with the
requirements of Texas Family Code Chapter 261 and any applicable Texas
Juvenile Justice Department's administrative rules regarding abuse,
neglect and exploitation allegations.
TEXAS LAW TO APPLY
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Brazos
County, Texas.
PREA
Service Provider shall comply with all federal, state, county, and city laws, ordinances,
regulations and standards applicable to the provision of services described herein and the
perfonnanec of all obligations undertaken pursuant to this Contract, including the Prison
Rape Elimination Act of 2001 (PREA) which establishes a zero -tolerance standard
against sexual assault of incarcerated persons, including juveniles, and addresses the
detection, elimination, prevention, and reporting of'sexual assault in facilities housing
adult and juvenile offenders.
VENUE
Exclusive venue for any litigation arising from this Agreement shall be in Brazos County,
Texas.
BCJS & YAP Contract 2016-2017 Page 7
EVolVol,
, _��
LECAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceable provision shall not affect any other provision thereol'and this
Agreement shall be construed as if such invalid, illegal, or enforceable provision has
never been contained therein.
PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the sole and only Agreement for the parties hereto and
supersedes any prior understandings or written or oral Agreement between the parties
respecting the within subject matter
ON 0
Q 20 �FULL)' EXECUTED IN
DUPLICATE, E \CH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT
OF AN ORIGINAL.
BRAZ COY NERS COURT
Duane Peters, County Judge
Brazos County Juvenile Board Chainnan
Doug Vance, i hD, Executive Director
Brazos County Juvenile Services Department
_9-i,t�
Date
9.6-1b_ _
Date
Date
P-)IzgI i( -
BCJS & YAP Contract 2016-2017 Page 8
Vol. _ �f U_ 0'q,
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
Agreement for COOSIM0tion— Extension of Grecns Prairie Trail —RFP #-2016-21--- Page 2,
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AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY
ROADWAY
This Agreement for the construction of the DRAKE DRIVE MEDIAN
IMPROVEMENTS, Brazos County, Texas, in the amount of
$ 61,483.00 , is entered into this b 3t)tii day of August"61-77-
2016 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"),
200 South Texas Ave., Suite 352, Bryan, Texas 77803, and FRANK AND SON
DOZERWORKS, LLC., (hereinafter referred to as "Contractor'). The DRAKE DRIVE
MEDIAN IMPROVEMENTS is hereinafter referred to as the "Project." The Engineer for
the Project is the firm of MITCHELL & MORGAN, LLP and is hereinafter referred to as
"Engineer."
ARTICLE 1
GENERAL PROVISIONS
1.1. BASIC DEFINITIONS
1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract
Documents ("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 BID # 2016-194 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 Engineer. 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
("Contract"). 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 Engineer or Engineer'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 Engineer
shall, however, with the consent of Owner, be entitled to performance and enforcement
of obligations under the Contract intended to facilitate performance of the Engineer's
duties.
1.1.3 THE WORK: The term "Work" means the construction and services required by
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the Contract, 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 the DRAKE DRIVE MEDIAN
IMPROVEMENTS 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: This project consists of the construction of
concrete curb median improvements, roadway striping and roadway signage in
accordance with the bid documents, plans and specifications.
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 at
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."
.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.
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.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. Refer to Sections 8.1.1 and 8.1.2.
.6 Day: A calendar day beginning and ending at 12:00 midnight
.7 Equal; approved equal; Engineer 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 Engineer, unless otherwise stated, and shall be limited
in authority and responsibility as defined under this Agreement and the
contract between the Engineer and Owner.
.8 Date of Final Completion: The date when Engineer 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—
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.
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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 Engineer 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
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
Engineer shall mean; Type of evaluation that a reasonably prudent
Engineer, 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
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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. This Agreement, including the General Conditions stated herein.
C. Addenda
D. Supplementary Conditions
E. 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 Engineer.
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 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.
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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 Engineers.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract Documents frequently omit modifying
words such as "all" and "ani' 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 ENGINEER'S DRAWINGS, SPECIFICATIONS AND
OTHER DOCUMENTS:
1.6.1. The Drawings, Specifications and other documents, including those in electronic
form, prepared by the Engineer and/or Engineer's consultants are Instruments of the
Engineer'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 Engineer or the Engineer's consultants, and unless otherwise indicated the
Engineer or the Engineer'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 — Engineer Agreement. The Drawings,
Specifications and other documents prepared by the Engineer, 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, Engineer and/or Engineer'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
Engineer and/or Engineer'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 Engineer and/or the Engineer'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
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Engineer's copyright or other reserved rights
1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC
FORM
1.6.2.1 Engineer 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, Engineer or Engineer's
Consultants will furnish electronic data in software format in use by Engineer at the
time Engineer'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 Engineer, Engineers
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 Engineer, Engineer'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 Engineer or Engineer's consultants from the
system and format used by the Engineer or Engineer's consultants to an alternative or
upgraded system or format, whether performed by Engineer, Engineer'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 Engineer and/or
Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or
Sub -subcontractors, material or equipment suppliers, and others agrees to hold
Engineer, Engineer'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 Engineer or Engineer'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 Engineer and Engineer'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 Engineer, Engineer's consultants and Owner from and against,
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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,
Capital Project Manager, 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 and legal
limitations 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.
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
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
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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 Engineer'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 Engineer. 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 for any 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 Engineer's negligent
issuance of Certificates) 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.
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
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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 Engineer
in the Engineer'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 Engineer as a properly prepared, timely Request For Information (RFI) in such form
as the Engineer may require.
3.2.2 Any design errors or omissions noted by the Contractor during this review shall
be reported promptly to the Engineer, but it is recognized that the Contractors 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
precautions, but the Contractor shall promptly report to Engineer any nonconformity
discovered by or made known to the Contractor as a Request For Information (RFI) in
such form as the Engineer 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 Engineer 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 Engineer 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 Engineer.
3.2.3 The Contractor shall verify the location of all easements before beginning the
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Project
3.2.4 The Contractor shall perform the Work in accordance with the Contract
Documents and submittals approved 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 Engineer and shall not proceed with that portion of the Work without further
written instructions from the Engineer. 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 Engineer
in the Engineer's administration of the Contract, or by tests, inspections or approvals
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. Refer to Bid
Section 8(f).
3.3.7 Lavouttarades will be per plans
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall
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provide and pay for labor, materials, equipment, tools, construction equipment and
machinery, water, 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 Engineer 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 Engineer 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 Engineer and properly
accepted and authorized by Engineer, 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
submittal will not be considered acceptable to Engineer whether or not such submittal
has been reviewed or stamped by Engineer. Notice must be specific and transmitted in
letter form. If required by Owner or Engineer, 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 Engineer, 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
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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 Engineer, 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
included in the Contract bid amount.
3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible
for:
1 Damages existing facilities, fences or other appurtenances 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 electrical and
other 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 Owners 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.
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3.6.2 Contractor requires all Subcontractors, Sub -subcontractors and suppliers to bill
Contractor for all sales and use taxes on all materials and equipment incorporated into
Project as clearly discernible separate item to facilitate Contractor's keeping tax as
separate item of expense on records. Furnish this information to Owner 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
Engineer and Owner in writing and necessary changes shall be accomplished by
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
Engineer 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,
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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 $10,000 and shall be processed
pursuant to the Specifications.
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superintendent. Refer to Bid Section
8(f).
3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish
in writing to the Owner and Engineer the name and qualifications of a proposed
superintendent. The Owner or Engineer may reply within fourteen (14) days to the
Contractor in writing stating: (1) whether the Owner or Engineer has reasonable
objection to the proposed superintendent, or (2) that the Owner or Engineer requires
additional time to review. Failure of the Owner or Engineer 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 Engineer has made reasonable and timely objection. The Contractor shall not
change the superintendent without the Owner's consent, which shall not unreasonably
be withheld or delayed.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract
award, shall prepare and submit for the Owner's and Engineer'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 Engineer, 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 Engineer's approval, a
schedule of submittals which is coordinated with the Contractor's construction schedule
and allows the Engineer reasonable time, as defined by the Engineer to review
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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 Engineer.
3.10.40wner 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 Engineer 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.
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 Engineer is subject to the limitations of Subparagraph 4.2.7.
Informational submittals upon which the Engineer 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 Engineer without action.
3.12.5The Contractor shall review for compliance with the Contract Documents,
approve and submit to the Engineer; 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 Engineer without action.
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3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals,
the Contractor and Sub -contractor represent to the Owner and Engineer 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 approved by the Engineer. Such Work shall be in
accordance with approved submittals.
.1 The Contractor shall make all revisions as noted by Engineer 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 speck attention, by cover letter accompanying resubmitted
Shop Drawings, to all revisions made in addition to those requested by
Engineer 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 Engineer's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed the
Engineer in writing of such deviation at the time of submittal and the Engineer has
given 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 Engineer's approval 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 Engineer on previous submittals. In absence of such written notice
the Engineer's approval 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 Engineer 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 Engineer 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 Engineer. The Owner and the Engineer shall be
Agreement for Construction—Extension of Greens Prairie Trait -RFP 0 2016-21 Page 19
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entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided the Owner
and Engineer have specified to the Contractor appropriate performance and design
criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the
Engineer will review, approve 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 Engineer 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.
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.
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3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide governmental authorities who lawfully request
access to the work, the Owner and Engineer 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
Engineer harmless from loss (including but not limited to attorneys 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 Engineer.
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, ENGINEER, ENGINEER'S
CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES")
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
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 ANYWAY 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
Agreement for Construction—Extension of Greens Prairie Tn4if1YFP*N'2016=21 - — Page 21
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 Engineer, the Engineer'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 Engineer, the Engineer'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 Engineer, the
Engineer's Consultants, agents and employees does not extend to any indemnity
prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code.
3.19 ADDITIONAL REQUIREMENTS
3.19.1 Contractor shall submit to Engineer, 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 approved in writing by Engineer 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 Engineer for clarification
before proceeding. A copy of the manufacturer's instructions shall be kept at job site
and made available to Engineer.
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 Engineer.
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 Engineer, 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,
Engineer, and all local, State and Federal authorities having jurisdiction. All access
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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 "breakdown" 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
Engineer.
3.19.8 Contractor shall secure required inspection certificates and transmit them to
Engineer and Owner.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.0 SCHEDULE OF WORK (at a maximum, in calendar days)
Day 0: Contractors receipt of Notice to Proceed
Submittals, as needed, to be provided within a reasonable time.
Day 30: Contractor attains Substantial Completion
Day 37: Contractor attains Final Completion
4.1 ENGINEER
4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity
lawfully practicing Engineering identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The term "Engineer"
means the Engineer or the Engineer's authorized representative or such representative
as the Engineer may designate, who may be employed by the Engineer as a
consultant.
4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E,"
or "Engineer/Engineer" shall mean Engineer, 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 Engineer as set forth in
the Contract Documents shall not be restricted, modified or extended without written
consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably
withheld.
4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a
new Engineer whose status under the Contract Documents shall be that of the former
Engineer.
4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT
4.2.1 The Engineer, 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 Engineer
Agreement for Construction—Extension of Greens Prairie Trail=RFP 9201621------- Page 23
will advise and consult with the Owner. The Engineer 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 Engineer and Owner.
4.2.2 The Engineer, 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 Engineer, and as Engineer 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 Engineer will not be
required to make exhaustive or continuous on-site evaluations or inspections to check
the quality or quantity of the Work. The Engineer 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.
4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for
additional site visits made necessary by fault, neglect or request of Contractor.
4.2.3 The Engineer 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 Engineer 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 Engineer 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 Engineer. Communications by and with the
consultants shall be through the Engineer, unless otherwise approved by the Engineer.
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 Engineer's presence at the Project Site shall not imply concurrence or
approval of the work. Contractor shall call specific items to the Engineer's attention in
writing if he wishes to obtain Engineer's opinion.
4.2.5 Based on the Engineer's observations and evaluations of the Contractor's
Applications for Payment, the Engineer will review and certify the amounts due the
Contractor and will issue Certificates for Payment in such amounts.
4.2.6 The Engineer has authority to reject Work which does not conform to the
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Contract Documents. Whenever the Engineer considers it necessary or advisable for
implementation of the intent of the Contract Documents, the Engineer 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 Engineer 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 Engineer 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
Engineer's services and expenses.
4.2.7 The Engineer will review and approve 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 Engineer is limited to only those submittals required by the Contract
Documents. The Engineer'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 Engineer's professional judgment to
permit adequate review by the Engineer, Engineer's consultants and Owner, if needed.
Review of such submittals is not conducted for the purpose of determining the
accuracy and 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 Engineer'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 Engineer's
review shall not constitute approval of safety or health precautions or, unless otherwise
specifically stated by Engineer, of any construction means, methods, techniques,
sequences or procedures. The Engineer's review or approval of a specific item shall
not indicate approval of an assembly of which the item is a component.
4.2.8 The Engineer 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 Engineer may authorize minor changes in the Work as provided in
Paragraph 7.4.
4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates
of Substantial Completion and the date of final completion. The Engineer 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 Engineer agree, Engineer will provide one or more project
representatives to assist in carrying out the Engineer'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.
Agreement for Construction — Extension of Greens Prairie Trail —RFP A 2016-2211 __ Pape 25
4.2.11 The Engineer will interpret and decide matters concerning performance under,
and requirements of, the Contract Documents on written request of either the Owner or
Contractor. The Engineer'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 Engineer shall
be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized
on account of failure by the Engineer to furnish such interpretations until twenty (21)
days after written request is received.
4.2.12 Interpretations and decisions of the Engineer 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 Engineer'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
Claim.
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 Engineer, 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 Engineer. Claims, including those alleging an error or omission by
the Engineer, shall be referred initially to the Engineer for action as provided in
Paragraph 4.4. A decision by the Engineer 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
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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 Engineer 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 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 Engineer 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 Engineer 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 Engineer 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 Engineer 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 Engineer 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 Engineer; (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 Engineer; (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.
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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
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 data substantiating that weather conditions were
abnormal for the period of time, could not have been reasonably anticipated, that
weather conditions had an adverse effect on the scheduled construction and that the
activities delayed by weather were on the critical path.
4.3.8.2.1 The Brazos County representative will monitor the weather and site
conditions on a daily basis. Allowances for additional days will be based on the
determination of the Brazos County representative.
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
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 Engineer 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.
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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 Engineer:
Claims, including those alleging an error or omission by the Engineer but
excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially
to the Engineer for decision. An initial decision by the Engineer 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 Engineer
with no decision having been rendered by the Engineer. The Engineer will not decide
disputes between the Contractor and persons or entities other than the Owner.
4.4.2 The Engineer 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
compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim,
if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the
Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for
the Engineer to resolve the Claim.
4.4.3 In evaluating Claims, the Engineer 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 Engineer in rendering a decision. The Engineer may
request the Owner to authorize retention of such persons at the Owner's expense.
4.4.4 If the Engineer 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 Engineer when the response or supporting data will be furnished, or advise
the Engineer that no supporting data will be furnished. Within twenty-one (21) days of
receipt of the response or supporting data, if any, the Engineer 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 Engineer, the Engineer
will notify the parties in writing that the Engineer's decision will be made within seven
(7) days. Upon expiration of such time period, the Engineer will render to the parties
the Engineer'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 Engineer's decision, Engineer 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
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default, the Engineer 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 Engineer and Engineer'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 Engineer or Engineer's consultants
to complete its services on the Project. The Engineer shall endeavor to keep
Contractor 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 Engineer 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 Engineer will promptly reply to the
Contractor in writing stating whether or not the Owner or the Engineer, after due
investigation, has reasonable objection to any such proposed person or entity. Failure
of the Owner or Engineer 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 Engineer 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 Engineer has reasonable objection to a person or entity
proposed by the Contractor, the Contractor shall propose another to whom the Owner
or Engineer 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
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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 Engineer 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 Engineer. Each subcontractor agreement
shall preserve and protect the rights of the Owner and Engineer 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
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 Engineer, 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.
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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
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
12.
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 Engineer
apparent discrepancies or defects in such other construction that would render it
Agreement for Construction—Extension of Greens Prairie Trail—RFP 62016-21 __, _ Page 32'
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.
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 Engineer; a Construction Change Directive requires agreement by the Owner and
Engineer 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 Engineer 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
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7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by
the Owner, Contractor and Engineer, 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 7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order prepared by the Engineer
and signed by the Owner and Engineer 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
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 Engineer 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 Engineer 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
Engineer 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:
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A 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 Engineer. When both additions and credits covering related Work
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 Engineer 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
Engineer 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 Engineer 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.
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ARTICLE 8
TIME
8.1 DEFINITIONS
8.1.1 The Contractor shall achieve substantial completion of the Work not later than
thirty (30) calendar 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 the final approval
of the Agreement, receipt of performance and payment bonds and receipt by the
Contractor of the written notice to proceed from either the Owner or the Engineer."
8.1.3 The date of Substantial completion is the date certified by the Engineer 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
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
i
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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.
8.2.8 Contractor shall bear cost of any services of Engineer 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 Engineer, 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 Engineer 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 I.
early, even if owner delays the work.
Agreement for Construction — Extension of Greens Prairie Trail -RFP 9 2016-21 — _. Page 37
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 Engineer.
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 Engineer'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 $61,483.00 and, subject to authorized adjustments as
provided in this Agreement, is the total amount payable by the Owner 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 Engineer 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 Engineer may require. This schedule,
unless objected to by the Engineer, shall be used as a basis for reviewing the
Contractor's Applications for Payment.
9.2.2 The Engineer 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; at least twenty (20) days
before the date established for each progress payment, the Contractor shall submit to
the Engineer 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 Engineer 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
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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
paragraph 9.3.2 above, as of the last day of each month.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's
Application for Payment and the Engineer's site visit, either, issue to the Owner a
Certificate for Payment for such amount as the Engineer determines is properly due or
notify the Contractor and Owner in writing of the Engineer'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
Engineer to the Owner, based on the Engineer'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 Engineer's knowledge, information and belief, the
observed aesthetic quality of the Work is in accordance with the Contract Documents.
The Engineer'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 Engineer. 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
Engineer 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.
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9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Engineer 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 Engineer's opinion, the representations to the Owner required by
Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in
the amount of the Application, the Engineer will notify the Contractor and Owner as
provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a
revised amount, the Engineer will promptly issue a Certificate for Payment for the
amount for which the Engineer is able to make such representations to the Owner.
The Engineer 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
Engineer'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;
.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 Engineer 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 Engineer.
9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days
after receipt of Certificate for Payment from Engineer.
9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer'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 anV due amounts in accordance
with Texas Law. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in
Agreement for Construction— Extension of Greens Prairie TmiI=AFP,$ 20116-21 Page 40
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similar manner.
9.6.3 The Engineer will, on 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 Engineer 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 Engineer 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.
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.
9.71FAILURE OF PAYMENT
9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the
Contractor, within seven (7) 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 Engineer, then
the Contractor may, upon seven (7) additional days' written notice to the Owner or
Engineer, 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 Engineer a comprehensive list of items to be completed
or corrected, Contractor's Notice of Substantial Completion, and a written request for
Engineers 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 ten (10) days to reach Final Completion of the Work . If the Contractor does not
achieve Final Completion within ten (10) days after Substantial Completion, Contractor
shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2
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herein.
9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the
Contractor's Notice of Substantial Completion and the Contractors list, the Engineer
and Owner will make inspections to determine whether the Work or designated portion
thereof is substantially complete. If the Engineer's and Owners 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 Engineer. In such case, the Contractor shall then submit another
Contractor's Notice of Substantial Completion and a request for another inspection by
the Engineer and Owner to determine Substantial Completion.
9.8.4 When the Work is substantially complete, the Engineer 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
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. Upon such acceptance and consent of surety, if any, the Owner shall make
payment of retainage applying to such Work or designated portion thereof. Such
payment shall be adjusted for Work that is incomplete or not in accordance with the
requirements of the Contract Documents.
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,
retainage if any, 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 notes 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 Engineer 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 Engineer.
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9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and
Engineer 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 Engineer and Owner will in a reasonable time,
make such inspection and when the Engineer and Owner finds the Work acceptable
under the Contract Documents and the Contract sufficiently performed, the Engineer
will promptly issue a final Certificate for Payment stating that to the best of the
Engineer's knowledge, information and belief, and on the basis of the Engineer's and
Owner's on-site visits and inspections, the Work has been sufficiently completed in
accordance with terms and conditions of the Contract Documents. The Engineer'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 Engineer: (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.
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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 Engineer so confirms, the Owner shall, upon
application by the Contractor and certification by the Engineer 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 Engineer 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 Engineer.
9.10AThe 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;
.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 ten (10) 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 ten (10) days after Substantial
Completion until Final Completion is achieved. It is understood that said sum shall be
considered as liquidated damages and shall not be considered as a penalty against the
Contractor.
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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 Engineer 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
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 Engineer, 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 10.2.1.3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly .
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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 Engineer 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 Engineer.
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 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 Engineer 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, Engineer 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
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site, and are available to the regulating agencies. The Contractor shall indemnify and
hold harmless the Owner and Engineer 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 Engineer for Project site safety conditions created or controlled by the Contractor
that result in the Engineer receiving a citation under the OSHA multi-employer citation
provision.
10.2.13 The Contractor shall notify Owner's and Engineer'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 Engineer to protect them from safety and health risks during
the performance of their services during the construction of the Project.
10.2.15 The Engineer'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
Engineer.
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
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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.
10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold
harmless the Contractor, Subcontractors, Engineer, Engineer'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 Engineer and Engineer's consultants and employees shall have no
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.
10.3.5The Owner and Engineer 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 Engineer. The Contractor shall notify the Owner
and Engineer 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 4.3. and Article 7.
10.4.2 The Contractor shall promptly report in writing to Owner and Engineer 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 Engineer.
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
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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
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
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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: $ 500,000 each accident
$ 500,000 disease, policy limit
$ 500,000 disease, each employee
(e) Benefits required by union labor contracts: As Applicable
(f) "Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
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.
(f) "Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
3. Contractual Liability:
(a) Bodily Injury: $ 1,000,000 each occurrence
(b) Property Damage: $ 1,000,000 each occurrence
$ 2,000,000 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.
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(c) Medical Expense Limit shad be not less than $ 10,000 on any one
person.
(d) -Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
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
(c) "Texas Waiver of Our Right to Recover From Others Endorsement"
shall be included in this policy. (Waiver of Subrogation)
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.
8. Crossings and Encroachment Insurance
(a) Commercial and industrial crossings and encroachments and
contractors' private crossings and encroachments:
(b) General Public Liability providing $5 million for each occurrence
and general aggregate limit of $10 million;
(c) Automobile Public Liability providing $2 million for each occurrence;
(d) Worker's Compensation covering the statutory liability determined
by state law.
(e) Railroad Protective Liability providing $2 million for each
occurrence and aggregate limit of $6 million.
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
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.
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11.2.1.1 Contractor shall purchase and maintain insurance covering Owners
contingent liability for claims which may arise from operations under the Contract.
.1 Bodily Injury:
$ 1,000,000 each occurrence
$1,000,000 aggregate
.2 Property Damage:
$1,000,000 each occurrence
$ 1,000,000 aggregate
11.3 PROPERTY INSURANCE
11.3.1 The Contractor 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 builders risk "all-risk" or equivalent policy form in the
amount of the initial Contract Sum, plus Engineer 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. If Owner is damaged by failure of
Contractor to maintain such insurance, then Contractor shall bear all reasonable costs
properly attributable thereto.
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 Engineers and Contractors 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.
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
I
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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 attomey-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 Engineer'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 Engineer, be uncovered for the
Engineer'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 Engineer, Owner or
governing authority has not specifically requested to examine prior to its being covered,
the Engineer, 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
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.
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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 Engineer,
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 Engineer'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, Engineer 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
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
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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 Contractors 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
Engineers, 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.
13.2.2The 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 Engineer.
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
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
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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, Engineer 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 County shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity, 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), Engineer 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 Engineer, 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
Engineer 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), Engineer 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 Engineer's services and expenses shall be at the
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
Agreement for Construction—Extension of Greens Prairie Trail-2PP H 2016-21 Page 56
delivered to the Engineer and Project inspector (if any).
13.5.5 If the Engineer, 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:
A 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
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.
Agreement for Construction — Extension of Greens Prairie Trail —RFP 4.2016.21—' --'Page 57 '
Vol. -o/�
7]
Vol. '
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 Engineer 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 Engineer, 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
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
Agreemrnt for Construction —Extension of Greens Prairie Trail —RFP N 2016-21 Page 58
Vol. _,�5� �J.
t _ ..-
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
Engineer, 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:
.1 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 Engineer'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
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
Agreement for Construction —Extension of Greens Prairie Trail —RFP # 2016-21 Page 59
VoL �d---. PCIJ-1
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 Engineer, 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 Engineer 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
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 Engineer, expressed in writing, meet or exceed
Agreement for Construction—Extension of Greens Prairie Trail—RFP 0 2016-21 Page 60
Ng. I
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's4*VustW, 2016, 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 Engineer for use in the administration of the Contract, and
the remainder to the Owner.
OWNER:
BRAZOS COUNTY TEXAS
Brazos County Judge
330 South Texas Ave., Suite 332
Brazos, Texas 77803
Date: 9/10 /1 tP
CONTRACTOR:
FRANK & SON DOZERWORKS,LLC
Frank Pena, Jr., President
Agreement for Construction — Extension of Greens Prairie Trail —RFP # 2016-21 Page 61
ATTACHMENT "A"
CONSTRUCTION OF DRAKE DRIVE MEDIAN
IMPROVEMENTS
REQUEST FOR PROPOSAL 2016-21
i
Agreement for Construction—Extension of Greens Prairie Trail—RFP N 2016-21 Page 62
Pg. ���
Bid Proposal Form
VOL Pg. Z17
1
t. t
)OA)., �aee5 � LGL.
Drake a Drive Improvements
`'"Biii'Proposal Form "
'
Une
Units
Total City.
" 'DesmpUon" "
'Unit Price, "
' " Fiitended Price
1
LS
1
Mobilization
$ d0O —
$ K DIa6. n
2
Month
,.1 �, _
.,, y,TraTt Control/TCP��`-n
3
LS
1
Rail Road Insurance
$ ��d
$ j^y,'
d
LS
1
Rail Road Flagmen
�/[��,
$_:27,
$ 2�/z(A7.2o
5
LF
310
Remove FxatmgrLrb
$ " ,t✓)dO
$'' PO
6
LF
353
Construct B'Special Curb
S 9544
$
7
C.Y.
3
Excavation jTopsoill
$ i3n•m�
S. 2lfE�'
8.,
S.Y.
30 ...
., _. ..z Topsdll'.,._
••�-
9
S.Yf
20
Cellulose Fiber Mulch Seeding
$ ��EO
S�-'._��/'n ''2�
10
S.Y.
In
landscape Stone,,
s . " i cY'
- $' '''/,i9O. �
11
IS
1
Signing and Striping
$ -74A AE'•
$' A/O'
—��j.
Construction Cost
5 Jam'/ j�63•`r'
.
;Contract Contengency wt by Brazos
County
$ 10,000.00
Total cuntraR
Bid Proposal Form
VOL Pg. Z17
1
U. Certification of Bid
The undersigned affirms that they are,duly authorized t6 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:
Brazos County is federally mandated to adhere to the directions provided in the President's .
Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and
Prohibiting Transactions With Persons Who Commit, Threaten'to Commit; or Support
Terrorism, effective 9/24/2001 and any subsequent changes made to' it via cross-referencing
respondents/vendors with the Federal General Services'Administratiori's'Excluded Parties List '
System (EPLS, http://www.epls.gov), which is inclusive of the United States Treasury's Office
of Foreign Assets Control (OFAC) Specially' Designated National "(SDN) list: Respondent ` '
certifies that the responding entity and its principals are eligible to participate in this transaction
and have not been subjected to suspension, debarment, or similar ineligibility determined by any
federal, state or local. governmental entity,and that. Respondent is in compliance with the State of
Texas statutes and rules relating to procurement and that Respondent is not listed on the federal
government's terrorism watch list'as described in Executive Order 13224. Entities ineligible for
federal procurement are listed at http://wivw.epis.gov.
Signed By:
Typed Name:
Title:
Company Name: RR—AWK a $0�.1-��1170�1c�2 UJ099,5 gghone No
Mailing Address. 9'W •21.WESr.l3rzYAI) T 77.903
P. O. Box orslree City " State Zip .
Employer Identification Number:
r: 4�- ►a19t9)
CORPORATE, SEAL IF SUBMITTED BY A CORPORATION
END OF BID NO. 2016-194
By signing below, Brazos County agrees that this BID 2016-194 will be awarded to the
vendor whose name appears above and both parties agree to the terms and conditions
contained herein.
By: Brazos County Commissioner's Court
Attest: Brazos County
171 Page
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR..MAKE.A COMPLAINT:
You may contact Westchester Fire Insurance Company for information or to make a complaint
at:
ACE USA
Claims
225.E. John Carpenter Freeway, Suite 1300
Irving,TX 75062
(972)465-7900
(912) 465.7645 FAX
You may contact theTexas Department of Insurance to obtain information on companies,
coverage, right or complaintvat:
Texas Department of Insurance
PO Box 149104,
Austin,'TX 787149104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR, BOND. This notice is for information only and does. -not become
1.
a part.or a condition of.the attached. document and is given to comply with. Section 2253-048,
Government Code, and Section 53:102, ProperEy Code, effective September 1, 2001.
Vol. _ ? (�-Pg. 11_/
Power 9f, w WEST�C,HESTFRFIRE .INSURANCE COMP�ANY A
Auto neymv'
Knave all men by these presenter That W ESfCHESTER FIRE INSURANCE COMPANY, a corporation oflhc Commonweplth of Pennsylvania pursuant to the .
ifnllowine ResolutioneadowedibvthcBmmh.oGDineclors.ofdhe said Comwy an Decc±nhcr Lbo2006,,tgw L. i. --4K —_�_ A,v, a Ei.,,i,c��m
(u sxn.fine ch.imnn. he Preilem,.nd al vim neddma or me C.mP ;%hemDY^•m.nvd 1...,<w. her Wnam Cvmmummt rm maw htthlrorm. C.mwn, wesaeew arae Cantos, o,
p1 m:norm. 06rewt.,h.naimo ache v«rvee.nh.rm.cmwmr ie hmmy a.ib"A...
fullry ,and uWW.W 0 el., mm m bd.v.ra. C"., weam.ssil arm. Com
- .ppoimmwi, ueiAepmifrodon maybe M eened i,N or dha or wnnm Comrilmemw by
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fl, uco�a f.r:rdw bAWfo�fm C Poirilwdcr a.0 mNY:i d rwiu.fuh Wnro?,
4; �.,� �tl'"yl':'156nw�Y.YP?,r.ImW(W�n.n Cao�mav,m�CwEY'P�:ificu�_m ofmaammypv ilu Wrilli
ail
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W'nnm Commismmrm wrinw eppoNimml.r ddcyviw.
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Dun hereby mammae, conslimle and appoint Blame AI an, Brady K Cos,fBmnl Ba
Canavan, William D Baldwin, all ofthe City of DALLAS, Tezas, each individually
...rri are .real and deliver nn its behalf and as its eel and decd ane and all bonds, one
IN WITNESS WHCR'.
FIRE INSURANCE
said Slephen M. Harry, Vice -President, has
has
NY this 5 day of April 2016.
'a,weiawnnm C.mrrvrmmh
.m.eebYncdmae.nmd,
dsJin, Brock Bnl'dwin; Mictiacl'B'HilhRussclf•F�er¢el'rTonie Petrdnek, Tronac
i f there be marc thou one named, its true and lawful ettamey-in-fact, to make,
!rwkings, racognizanees, contmcu and other wrilings in the Mare thereor in
his name and afPaed the
_ WLSTCIfESfhR FIH6INSURANCECOMPANY
�i are, +,w` Ctl �. y y;�F h,e.bne.!!�^,. Pw �.,..y ( W ..,.rt1ri
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Sleplm M.Ilsney Vke Preudem
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On this 5 day of April. AD. 2016 before me, a Notary Public of the Commonwealth of Pcnnsylvumo in unit fm the County of Philadelphia came Stephen M.
Haney ,Vice -Pry ideni of the WEESFCHESTER FIRE INSURANCE COMPANY to me personall-y known to be the individual aM officer who executed the
'
PIT ing?instrtlme . and he�acknowledged that lie executed thesMte iudl hatihose`abe xe eta lhetprecedmg Inswms,en sthrnencorponit eal�fsatQCo.�mapany; l�ha`I
f hg aldimrparote seal and lil,�igJu- io 1 erco duly Dff, ed by the authMiry�andfd recsm�of'tha sold coiporattonton`U 1hoi MIuuoh' ado pled by thel0anrd of Drtectors
5 'd opiai'd Company?referred to irvthe precedinenns'trume`dl, a now Wtiiice.r5 •itt-* 'y ?ser,. y'ce " s
IN'I'ES'I'IMONY WHEREOF, I have hereunto set my hand and utliaed my official seyallaat the City of Philadelphia the day unit year first above written.
['4x �...ic*i'�&''s�.3f�fefr.!'• Fy"s3 i�r'.t�riE°5 &3,�v�s�' vhh��4 ia�d("wia
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which the foregoing is a substantially We and correct copy, is in full
In witness whereat', I have hereunto{subscribed my name as As
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§ 1.2 How manyyeivs has yourorganisation been in business under its present business home?
I i IS
§
1.2.1 Under whm other or fomur names has your urgm'vnim operated?
hev�a:
§ 1.3 If your urgani=ion is o cmporatlon, answer the following:
g 1.3.1 Ware of incorporator:
5J'3 D/ZO 1+
§ 1.3.2 Slate ofirearperatio.:
Te- x -a S`
§ 1.3.3 President's name
FrahK pati a JY, y
§ 1.3.4 Vim,residcnt'snam,(,I: / ire—(JiU�
WunK N •
§ 1,33 Secretary's name:
Amy Ytn
§ 1.3.6 Treasurer's mme:
PmY ptoa;
§ iA if your argmizution is apannmhip, answer rhe following: f�
§ 1./.1 bate ofarganimtion:
§ 1.1.2 Type ofpanncmhip, ifapplicable:
§ 1.4.3 Names) of general parmer(s):
§ 1.S If yaw mgmimuon is individually owned, answer the following:
§ 1S.1 M. or rgurumion:
§ 1.5.2 N.. of own¢
d,siinnsr.:�a.kn>•nn�.a: wagwxo: rho'
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Vol.
L-'-t� =2i•' >�; .`'�",g°.�,: ;. EXP.E�RIE.NC E-& REFERENCES'
Name:
Reason for Leaving:
Ust live of your largest contracts:
Job Name: Contract Price: Gross Profit Completion Date: Bonded?
1.wnBPenQ=kCuhrert $57.693 $16.193 OB130116 Yrs ✓ No
Contact: Lane SprinflfieH ' .. Phona/Fax Numbers: .p:979599wm f:
2 Lake Bryan Boat Ramp $28.750 $4.313 65120 116 Yes ✓ No
Contact Kevin Hoot ... Phone/Fax Numbers.•. a:71300e4480 E
3.M1 t x -x EMB $29.500.. $5163 05f27 116 .. Yes ✓ No
Contact: PhonelFax Numbers: pa7s41.21755 f:
4.CasUegate Lot Cleadiws 554.000: $,$9� 1'., �.. Yes ✓ No
ContactSI,Qtr, PhonrJFax Numliers:•.-.-09797771771 f.
5•Ex &FMB $41-930. $7:547_` 03/03 116 Yes ✓ No
Contact-. Malt H^ iltnn Phone/Fax Numbers: pn7922r6a64 t.
List live of yourmafor suppllere:
Name Phone/Fax Numbers Contact
1. Davis 8 HartaprrGaitor P28194mu" f Jorrslhan Davis
2.Knfe River 0:9798232236 f:97 9 3612 90 0 Toby
3.Llbarty Matodals p:2815724003 t
4.Conner'S Crushed Stone 02545872451 f:
5.ACT PlIpe 8 Su P:9797764144 F Jon Murray
Ust five subcontractors (or contractors if you are a subcontractor) that you do business with:
Name
PhonelFax Numbers Contact
List three specialty trades you have done business wfM: .
Name Phone/Fax Numbers Contact
1. KSH Services .. .. P7138064480" Y - Kevin Hoot
2n-Uns P9797789999 f. Chad Ermlyd
'.. _ _ ;i.. .... Chad
3.RosalioVilleaas ,...� '::':.: p'4794� tilt: f ".. ':RosaBoVdteeas'
ry e
viww.nesbp.mg yamw , 2 .. .. Page 3 of 3
(Dftp/ftM 2007 NatiorW Aswdatlon of Swe Bond Pmducars All RI hts Reserved.
Fo-i
-
§62 WiTthearganiation whose financialsMunnet is atmched bcc as gl.raflhteunlract far. conelrnednnT.,
§6.0 SIGNATURE :;moi M /� I ^
§ 6.1 Dated this 3 day of /7 U V1 �.1 S 20 Y' ,
Name oforganuxtion: 'J .. '
Tifle: !,�t'r`YeCAD1�'
M :I being _
- -duly sworn dcpusa ini SayS that-Om intunuatianPMVidcd herein is Mc' and Sutfleieney cornrine so a'noluibc
j t;
Sub:enbed and swum before me this Rat' -!2.f .. ... - . 20 /n .
LISA GARCIA N I A
Notary Public _ �P:•!� '4. -, . fir �--{ �,, �j/Aj/' . .
x: •;f,'sNOtety Public. State of Texas
=4i'Q' Comm. Expires 05-07-2020
M commtssion a iis. • -
y P `'o°` Notof 10 126A94490 �•�61n,l meums wt _
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waa«�.n.�r A3m"—fmO.CogrlpntatDM.tm9.lTa mgt9m gTlb Amwioa FmwegaNu n.weaw rw�wwl W�aKt6:Tla�
W�Lbcuannn6 pranrna p uS COOrrkN law W mMM1onY TMIe. wuuearhntl npoaagl'n� v ElwOrtfon efEtlA /Jai UeaimwL �" j
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YFmMwe ma aurn:ambtgFntufatn(tOl mDiaaM Wuawnwn wrensamyawa. TonLaw9/a9ta NWa4or+d NA W4m OmmrM nil '
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Frank & Son Dozerworks LLC Balance Sheet
Date: 5131/2016
Accounts receivable 30;863
_,. nventory
Prepaid expenses
Short -tens investments
Total current assets 55,863
Fixed (Long -Term) Assets
'Long-term investments
Property, plant„and equipment; 1,160,500
(Less accumulated depreciation)
Intangible assets
Total fixed assets 1,160,500
"'OtherA_ssets ... .
Deferred income tax
_.
Other
Total OtherAssets
Total Assets 1,216,363
Current Liabilities
Accounts payable
5,500
Short-term loans
-
income taxes payable
1,300
Accrued salaries and wages
4,000
Unearned revenue
Current portion of long-term debt
4,400
Total current liabilities
15,200
Long•Terrn Llabiifties
Long -tens debt
Deferred income tax
Other
Owner's Equity
Owner's investment
Retained earnings
Other
150,000
Total long-term liabilities 150,000
Total owners equity
Total Liabilities and Owner's Equity
Debt Ratio (Total Liabilities / Total Assets)
Current Ratio (Current Assets! Current Liabilities)
Working Caprtal (Current Assets - Current Liabilities)
Assets -to -Equity Ratio (Total Assets / Owners Equity)
Debt -to -Equity Ratio (Total Liabilities / Owners Equity)
165.200
0.14
3.68
40,663
VOL
TEXAS A&M UNIVERSITY SYSTEM
301 Tarrow Street, 2nd Floor
College Station, Texas 77840
Minimum Prevailing Wage Rate
County: Brazos
Revised: 10/07/14
CLASSIFICATION
RATE NOTES
Acoustic Ceiling Installer
11.68
Asbestos Abatement Worker
12.49
Carpenter
14.57
Concrete - Pour and Finish
13.78
Crane Operator
23.15
Driver
11.26
Drywall Installer
10.87
Electrician - Journeyman
18.96
Electrician - Apprentice
11.67
Elevator Mechanic -Journeyman
52.38
Elevator Mechanic - Apprentice
45.98
Fire Protection - Controls
12.80
Fire Protection - Pipefitter
19.30
Formwork Builder
11.31
Glazier
13.67
HVAC - Journeyman
18.74
HVAC - Apprentice
11.87
HVAC - Controls
15.10
Insulator
12.00
Ironworker
14.09
Laborer/Helper
10.64
Mason
12.67
Equipment Operator - Light
11.60
Equipment Operator - Heavy
11.75
Painter
10.19
Pipefitter - Journeyman
24.29
Pipefitter - Apprentice
14.19
Plasterer
13.68
Plumber- Journeyman
23.99
Plumber - Apprentice
14A7
Reinforcing Steel Worker
10.80
Roofer
15.85
Stone Mason
14.60
Terrazzo Installer
9.76
Tilc Setter
14.08
Waterproofer
12.17
Note: Listed minimum prevailing wage rale is the base hourly wage [ate including fringes.
VOL 0 pg,_� � /
EXHIBIT "A"
IQ 17-010 CITIZEN COLLECTION SITE TRASH PICKUP
Contract Term: October 1, 2016 — September 30, 2018
Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing
Department, 200 South Texas Ave., Suite 352, Bryan, TX 77803 in a sealed envelope
clearly marked "IQ 17-010, Citizen Collection Site Trash Pickup". Include the signed
Contract and a copy of the required insurance with the submission of quotes. The required
Insurance is listed in the attached Contract. Ouotes must be received by the Brazos
Countv Purchasing Department by 2:00p.m., Tuesday, August 23, 2016 or theV will not be
considered. Brazos County will not accept any pricing if delivered via entail or fax.
Pricing proposals or IQ's delivered to any other person or department other than
previously specified, will not be considered responsive.
Brazos County is soliciting quotations for a contract for trash pickup services at multiple citizen
collections sites throughout Brazos County. All other tools implements, personnel, supervision,
labor, supplies, equipment, vehicles, and all effort necessary to carry out the services as required
for this operation will be provided by the successful bidder. Prices quoted shall be for a two (2)
year period, with an option for renewal for three (3) additional one (1) year periods.
A. SPECIFICATIONS FOR CITIZEN TRASH SITES
I . Contractor shall provide the specified equipment and containers at each specified site
listed below.
2. When notified by the collection site attendant or Road and Bridge Employee, the
Contractor shall pick up and replace or empty the fall container(s) within twelve (12)
hours of notification.
3. After pick up, Contractor shall take all full containers) to the current Landfill Site
located in Anderson, TX.
4. Contractor may take white goods to a recycling facility of their choice but will be at
no cost to Brazos County. If containers have mixed goods or trash in them, Brazos
County will not pay to have them separated.
5. Contractor shall provide a work order ticket for all pick-ups/drop offs of containers
that will include the following information:
a) type of container
b) size of container
c) container #
d) gross weight of truck and load
e) tare weight
f) net weight
g) date and time of pickup
h) date and time of drop off
i) ticket #, drivers name, truck #
j) location of pickup/drop off
k) cost associated with that pickup/drop off if applicable
6. Contractor will send a separate invoice for each location with all charges/fees for that
location to Brazos County Road and Bridge Department at the end of each month
with all the original work order tickets acquired for that month attached to the
appropriate invoice.
Exhibit A
Page 1 of 6
Vol. 2x Pg,
I
7. Contractor shall provide a per month rental fee for each type of container listed per
month. If rental fee does not apply, please put a dollar amount of $0.00. If it is left
blank, it will be assumed that there is no fee for rental of the specified equipment.
8. Contractor shall provide a price per haul from each individual location to the current
dump site.
9. Quote provided for hauling of trash must include any equipment, mileage, fuel, etc.
that is needed to perform the task. No additional fuel surcharge or other fees will be
accepted.
10. In the event a trash compactor needs servicing or is out of order, the Contractor will
be notified by an employee from the Road and Bridge Department or a collection site
attendant. The Contractor shall provide an additional open top container of equal or
comparable size at no additional cost to Brazos County within 24 hours of notice. The
additional container will remain at location until compactor is repaired or replaced.
B. LOCATIONS OF SITES AND REQUIRED CONTAINERS
21303 Kathy Fleming Road (located 1 mile off FM159/Precinet 1)
a) Requires One (1) 2 cubic yard Stationary Compactor
b) Requires One(]) 40 cubic yard roll off receiving Container
2. 2807 FM 2038 (located approximately .01 mile from Dilly Shaw Tap Rd/Precinct
2) or 12722 Copperhead Road (0.18 miles south of SH 21/FM2038 intersection)
a) Requires Two (2) 2 Cubic Yard Stationary Compactor
b) Requires Two (2) 40 Cubic Yard Roll Off Receiving Container
c) Requires One (1) 30 Cubic Yard Open Top Roll Off Container (White Goods)
3. 10940 State Highway 30 (located approximately 1.75 miles off of FM 158)
a) Requires One (1) 2 Cubic Yard Stationary Compactor
b) Requires One (1) 40 cubic Yard Roll Off Receiving Container
4. 7250 Raymond Stotzer Pkwy (located 0.4 miles west of Old Jones Road)
a) Requires One (1) 2 Cubic Yard Stationary Compactor
b) Requires One (1) 40 cubic Yard Roll Off Receiving Container
5. 9125 Mumford Road (located 0.8 Mile south of OSR)
a) Requires One (1) 2 Cubic Yard Stationary Compactor
b) Requires One (1) 40 cubic Yard Roll Off Receiving Container
6. 1495 Silver Hill Road (located off of Hwy 21 West, approximately 0.25 mile west
of Smetana Community)
a) Requires One (1) 2 Cubic Yard Stationary Compactor
b) Requires One (1) 40 cubic Yard Roll Off Receiving Container
7. Road and Bridge Department (located at 2617 West Highway 21, Bryan, TX
77803)
a) Requires One (1) 30 Cubic Yard Open Top Roll off Container OR One (1) 40
Cubic Yard Open Top Roll off Container
Exhibit A
Page 2 of 6 //
C. SPECIFICATIONS FOR ROAD AND BRIDGE LOCATION
1. Road and Bridge will notify the Contractor when container is full
2. Once notified the Contractor will pickup the container
3. Container will be delivered to Bryan Iron and Metal located at 2011 Highway 21 W;
Bryan, TX 77803
a) Truck driver is required to do the following at Bryan Iron and Metal:
b) Drive onto scale to get gross weight of truck and load.
c) Drive load to back area and dump contents where specified by the attendant.
d) Drive onto scale to get a tare weight for the truck and empty container.
e) Receive receipt/ticket from Bryan Iron and Metal with all recorded weights.
4. Container shall be returned to the Road and Bridge location on the same day after
steps above are completed.
5. Contractor will send all statements/invoices for hauling of the container separately
from all other locations with all receipts/tickets received from Bryan Iron and Metal
attached, within 7 business days of receiving them to Brazos County Road and Bridge
Department.
6. Contractor will quote a price for One (1) 30 Cubic Yard Open Top Roll off Container
and One (1) 40 Cubic Yard Open Top Roll off Container for this location. Brazos
County Road and Bridge will decide which container will fit their needs the best.
D. INSURANCE REQUIREMENTS
1. Successful bidder must provide evidence of required insurance prior to award. A full
description of insurance requirements is listed in the attached Contract.
E. AWARD
1. The contract award shall be based on, but not necessarily limited to, the following
factors:
a) Cost
b) Special needs and requirements of Brazos County
c) Time needed to complete service
d) Location of Contractor (distance that vehicles will travel for services)
e) Contractor's past performance record with Brazos County
2. Although the cost of products to be provided is an essential part of the award, Brazos
County is not obligated to award a contract on the sole basis of cost but will award to
Contractor considered to be the best value to Brazos County.
F. MISCELLANEOUS
1. Contractor must sign and agree to all terms and conditions of Brazos County Service
Contract attached or quote submission will not be valid.
2. Contractor must submit and post all questions regarding this solicitation on the
Brazos Valley Online Bidding System located at www.brazosbid.cstx.aov. Any
questions received via email or phone call will not be answered.
Exhibit A
Page 3 of 6
Vol. _ pg. -1E.
G. QUOTES
1. Fill out section below and hand deliver or mail to the Brazos County Purchasing
Department, 200 South Texas Ave., Suite 352, Bryan, TX 77803 in a sealed
envelope clearly marked "1Q 17-010, Citizen Collection Site Trash Pick Up". Include
the signed Contract and a copy of the required insurance with the submission of
quotes. The required Insurance is listed in the attached Contract. Quotes must be
received by the Brazos County Purchasing Department by 2:00p.m., Tuesday, August
23, 2016 or they will not be considered. Brazos County will not accept any pricing if
delivered via email or fax. Pricing proposals or IQ's delivered to any other person or
department other than previously specified, will not be considered responsive.
Container Ouotcs
Exhibit A
Page 4 of 66/
Vol. _A Pg.—_
Est. quantity of
M19onthly rental cost
Extended cost per
Type of Container
containers:
per container:
month:
2 Cubic Yard
7
Stationary Compactor
$125.00 PER MONTH/
CH
40 Cubic Yard Roll
Off Receiving
7
INCLUDED ABOVE
Container
30 Cubic Yard Open
Top Roll Off
1
NO CHARGE
Container (White
Goods
40 Cubic Yard Open
Top Roll Off
1
NO CHARGHE
Container
;, `'f'
All�, €�,`
TOTAL
$875.00
7 �':
Exhibit A
Page 4 of 66/
Vol. _A Pg.—_
f�..ntoo far M...Hna of Trach/f]nnds
Location of Pickup
Precinct
Type of Container
being Hauled
Cost per Haul
21303 Kathy Fleming
1
40 Cubic yard roll off
$137.50 PER HAUL
Road
receiving Container
2807 FM 2038 or 12722
2
40 Cubic Yard Roll Off
$137 :50 PER HAUL
Copperhead Road
Receiving Container
30 Cubic Yard Open
2807 F14 2038 or 12722
2
Top Roll Off Container
$110.00 PER HAUL"
Copperhead Road
lite Goads
40 Cubic Yard Roll OffReceiving
10940 State Highway 30
3
Container
$137.50 PER HAUL*
7250 Raymond Stotzer
40 cubic Yard Roll Off
Pkwy
4
Receiving Container
$137.50 PER HAUL
40 Cubic Yard Roll OffReceiving
91251V1umfordRoad
4
Container
$137.50 PER HAUL*
1495 Silver Hill Road
4
40 Cubic Yard Roll Off
$137.50 PER HAUL
Receiving Container
2617 West Highway 21,
see specs
30 Cubic Yard Open
$110.00 PER HAUL`
Bryan, TX 77803
above
Top Roll Off Container
2617 West Highway 21,
see specs
40 Cubic Yard Open
Bryan, TX 77803
above
Top Roll Off Container
$110.00 PER HAUL
i Y,
z
-�'�u'::
TOTAL
$1,155.00
*BRAZOS COUNTY BILLED DIRECTLY FROM BVSW A LANDFILL
**TEXAS COMMERCIAL WASTE WILL PAY $0.05 PER LB FOR RECYCLABLE METAL
Exhibit A
Page 5 of 6 4(j
--
H. AFFIRMATION
The undersigned affirms that they are duly authorized to execute this contract, that this
bid has not been prepared in collusion with any other bidder, and that the contents of this
bid have not been communicated to any other bidder prior to the official opening of this
bid. Furthermore, the bidder affirms that they are willing and capable of performing the
services entailed in this bid or providing the goods described in this bid, and agrees to do
so for the term of this contract. The bidder also agrees to all of the terms and a condition
contained in this document and agrees to be held to them for the term of this contract.
Name of Company: TEXAS COi HERCIAL WASTE
Tax ID
Address: P.O. BOX 645 BRYAN TEXAS 77806
Email: TCWRONSCH@HOTMAIL.COM
Telephone #: 979-775-7171
Printed Name:
Signature of Authorized Representative:
Exhibit A
__Page-6.ot.6_ _.___
Vol. _Z� pg. ��.-
CITIZEN COLLECTION SITE TRASH PICK UP
CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
200 S. Texas Ave., Ste. 352 IQ Request No. 17-010
Bryan, Texas 77803 Page I of 7 Pages
Telephone (979) 361-4294
GENERAL REQUIREMENT FOR CONTRACT
l RONALD SCHMIDT as a duly authorized representative of TEXAS COMMERCIAL WASTE
"Contractor" willingly attest to perforin (or deliver) as per Exhibit "A" for Brazos
County. 1 further agree to all of the provisions and specifications contained in this contract.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
County. Binding contracts shall remain in effect until all products and/or services covered by this
purchase have been satisfactorilydelivered and accepted.
QUANTITIES
The quantities specified in this contract are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non -response.
Vol. _, z� 4 Q _ Pyi��
I
IQ Continuation Sheet IQ Request No. 17-010
BRAZOS COUNTY, TEXAS Page 2 of 7 Pages
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from Contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed
under terms of this contract. Certification of such coverage must be provided to Brazos County upon
request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required.
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the Contractor's cost in providing the services
anticipated by this contract such change maybe treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
in the event Brazos County wishes to add other locations to a group under the Contract, a quotation will
be solicited from the incumbent Contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts for services applicable to such location, the portion of
this contract that applies to such locations is terminated. All remaining portions of the contract will
remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of
locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Offerors shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the offeror may invoice following each delivery
or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of
invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The
Contractor will provide an invoice for each month in which Brazos County is responsible for payment,
during the duration of the contract. Prior to any and all payments made for goods and/or services
provided under this contract, the offeror should provide his Taxpayer Identification Number or Social
Security number as applicable. This information must be on file with Brazos County Auditor's office.
Vol- - pg,
IQ Continuation Sheet IQ Request No. 17-010
BRAZOS COUNTY, TEXAS Page 3 of 7 Pages
Failure to provide this information may result in a delay in payment and/or back-up withholding as
required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive- No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part
of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this contract and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terns of this contract supersede.
GOVERNING LAR'
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seg., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that
all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
Vo!. y Pg Z 7-
IQ Continuation Sheet IQ Request No. 17-010
BRAZOS COUNTY, TEXAS Page 4 of 7 Pages
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terns
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of
Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M.
Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in
the state of Texas, showing that the Contract is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability ]nsurauce in the amount of
$1,000.000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent Contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies are acceptable without
prior approval by the Commissioners Court/Risk Management.
Vol. �� _ Pg- ����
IQ Continuation Sheet
BRAZOS COUNTY, TEXAS
!Q Request No. 17-010
Page S of 7 Pages
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
propelled vehicles used in connection with the contract, whether owned, non -owned or hired.
Waiver of subrogation is required.
The Certificate of Insurance famished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County.
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the contract, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any contract terns and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGESAVAGES
Nothing in this contract shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages,
materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this contract.
The Parties understand and agree that Brazos County does not assume civil liability under any theory of
law for the actions of the Contractor in providing services hereunder.
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
Vol._�Y yG pg. -z zV
IQ Continuation Sheet IQ Request No. 17-010
BRAZOS COUNTY, TEXAS Page 6 of 7 Pages
CONTRACTOR:
Sales Contact Name: Phone Number: Billing Info:
RONALD SCHMIDT 979-775-7171 P.O. BOX 645, BRYAN.TX 77806
ASSIGNABILITY
This contract may not be assigned without the prior written permission of Brazos County.
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
contract and any extensions thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this contract shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
ENTIRE CONTRACT
This contract represents the entire and integrated agreement between Brazos County and the Contractor
and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract
may only be amended by written instrument approved and executed by the parties.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision ofthis contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
IQ Continuation Sheet IQ Request No. 17-010
BRAZOS COUNTY, TEXAS Page 7 of 7 Pages
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not
been prepared in collusion with any other Proposer, and that the contents of this proposal have not been
communicated to any other Proposer prior to the official opening of this proposal. The signatory also
agrees to all provisions apdWecifications of this contract.
Signed By: Title: GENERAL MANAGER
Typed Name: RONALD SCHMIDT
Company Name: TEXAS COMMERCIAL WASTE, Phone No. 979-775-7171
Email Address: TCWRONSCH@HOTMAIL.COM
Mailing Address: P.O. BOX 645 BRYAN TEXAS 77806
P. O. Box or Street City State Zip
Employer Identification Number: 74-1547749
Social Security Number: N/A
roved si er's Court on this _�hday o&$a"tt, le0116-y,
b1 n
holding the position of �7r�I (� ux,:: U 1
MVal. Aled Pg, / �
17-010 Citizen Collection Site Trash Pick Up
October 1, 2036 -September 30,2018
Tabulation
Container Rental Fees
TCMdS tammClClal WdS[C
Type of Container
Monthly Rental
Quantity
Monthly Total
Cost( container
2 Cubic Yard Stationary
$125.00
7
S875.00
Compactor
40 Cubic Yard Roll Off
Included In above
7
$0.00
Revolving Container
price
30 Cubic Yard Open Tap Rall
No Charge
1
$0.00
Off Container
40 Cubic Yard Open Top Roll
No Charge
1
$0.00
Off Container
Total for the year $10,500.00
Hauling Fees
Texas Commercial Waste
Location of Pick Up
Type Of Container
Cost/Haul
40 Cubic Yard Roll
21303 Kathy Flemming Rd
Off Receiving
$137.50
Container
40Cuhic Yard Roll
2807 FM 2038 or 12722
Off Receiving
$13].50
Copperhead Rd
Container
30 Cubic Yard
2907 FM 2038 or 12722
Open Top Rall Off
$110.00
Copperhead Rd
Container
40 Cubic Yard Rall
10940 State Highway 30
OH Receiving
$137.50
Container
40 Co Yard Rail
7250 Raymond Statzer P"(FM60l
OH RRee ceiving
$137.50
container
40 Cubic Yard Rall
-..
9125 Mumford Rd
Off Receiving
$137.50
Container
40 Cubic Yard Roll
1495 Silver Hill Rd
Oil Receiving
$137.50
Can[alner
40 Cubic Yard Roll
2617 West HWY 21
Off Receiving
$110.00
Container
30 Cubic Yard
2611 West HWY 21
OpunTop Roll OH
$110.00
Container
Total
$1,155.00
*Brazos County allied Directly from BV5WMA landfill•
••Texas Commercial Waste will pay $0.05 per LB for ecyciable metal -
RECOMMEND AWARD: Texas Commercial Waste,AA
i„
Ap ove b Cc missioners Qurt on his day
of� 220 by V %A--
holding
JLholding the position of h
LV0 _,.�0 _ Fig,
to
17-012 Portable Toilet Rental
October 1, 2016 - September 30, 2018
Tabulation
Location
Texas Commercial Waste
Cost/Month
Cost/Year
21303 Kathy Flemming Rd
$60.00
$720.00
2807 FM 2038
$60.00
$720.00
10940 South Highway 30
$60.00
$720.00
7250 Raymond Stotzer Pwy (FM60)
$60.00
$720.00
9125 Mumford Rd
$60.00
$720.00
1495 Silver Hill Rd
$60.00
$720.00
13071 Ferrill Creek Rd
$60.00
$720.00
12722 Copperhead Rd
$60.00
$720.00
15227 Royder Rd
$60,00
$720.00
.8403 Old Reliance Rd
$60.00
$720.00
2617 Highway 21 West
$60.00
$720.00
Total per Year
�ij-1 4 1 VY
Location
Texas Commercial Waste
Cost/Month/ PT
Cost for extra Portable Toilet
Rental (Road and Bridge will
determine when and where this is
needed)
$50.00
RECOMMEN ARD: Texas Commercial Waste
pprov dbyCo Court onthis day ornVU 016 � V
t/t-ems. holding the position
of �l
Vol, �C� _. I'g..6;-Z0 D
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: September 6, 2016
ITEM: Consider and take action on the Final Plat of Jones Road Business Park, Lot 1, Block 1,
7.507 Acres, T.J. Wooten League, A-59; (Bryan ETJ) Brazos County, Texas. Site is located in
Precinct 4.
SOURCE OF FUNDS: N/A
NOTES/EXCEPTIONS:
• Owner/Developer — Larakeyah Investments, LLC
• Engineer/Surveyor — Schultz Engineering, LLC/Kerr Surveying, LLC
SUBMITTED BY:
R. Alan Munger, P.E.
County Engineer
CC2016
This
Date:
ACKNOWLEDGED BY:
(or) Denied _by Commissioners' Court
Fsin "�S
Application for Development Cfeee Use only.
'Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979) 822-2127
MasterPlan_ Final Plat Re -Plat_ Amending Plat_
Property Desert otion
Road location: Jones Road
Legal Description: AOp5900, TJ WOOTEN (OCL), TRACT 45.1 7.507ACRES (Future Let 1 Block 1 Jones Road Business Park)
Subdivision Description
Subdivision Name: Jones Road Business Park
Total number of tots: 1 Total Acreage: 2507
Property Owner
Owner mur e(s): Larakey Investmems, LLC
Current mailing address: 3515-8 Lan9mire or PM0541
Phone number(s): 979.492.0425
Applicant or Authorized Agent, Engineer or Surveyor
Name and Address: Jesse Dumen- Caprock Taxas- P.O. Box 54, Wellborn, Texas 77881
Phone number(s): 979492.0425
Name and Address:
Phcue number(s):
Application is for
Residential () Mobile Home Park () Commercial
Other ( )
Is any of the property located in a Floodplain or Flood Hazard area? Yes _ (yesfno)
Acknowledgment The flood hazard boundary maps and other flood data used by Brazos County in evaluating need hazards to
proposed developments are considered reasonable and accurate for regulatory purposes and am heed on the beat available scientific
and engineering data. On we occasions greater floods mend will occur and flood heights may be increased by man-made or natural
causes. Issuance of a Floodplain Permit in accardance with the Brazes County Flood Damage Prevention Ordinancedoes not imply
16st development outside the areas of special flood hazard will be free from flooding or flood damage, taauance of a permit shall not
errata liability on the part of Bruns County cr,any officer or employee of Brazos County in the event flooding or flood damage does
occur.
Is pan or all of the property within an ETJ of a City? Yes (yes/no)
Will any construction occur in TxDOT right -of --ways? _ No (yeslno)
Application Check List:
Copies of finished plat with corrections (if any):
D 9 copies to Brazos County
0 One (1) copy to Brazos County Health Dept.
p One (1) copy to Brazos County 911
I7 One (1) copy to local Water District or Company
Letters of approval (to be sent by the approving institution directly to Brazos County Engineering):
0 Letter from Brazos County Health Dept. — For onsite sewage evaluation.
• Letter from Brazos County 911 — For road names.
O Letter from Water District or Company. —Stating water availability, etc..
If property is within an ETI of a city: '
0 Approval notification from appropriate city.
Applicant attest that they have signed this application in the capacity designated, if any, and further attests
that they have read document and the statement contained herein and any attached are true and factual. All
applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
E ring Otic $011 applicable blanks are filled in the application above.
App cant's- Signature Date
County Witness Date
VoL _._. Pg,_ �G
Engineer/Surveyor Check List for Plat Pre -Approval
0 1) Property located within a City Extra Tentorial Jurisdiction (ETJ), contact with
that City is required before plat approval.
❑ 2) Drawn on 24" x 36" sheet to scale of 100' per inch or larger. If more than one sheet, an
index sheet showing entire subdivision at a scale of 500 feet per inch or larger.
❑ 3) Include the words; "MASTER DEVELOPMENT PLAN—NOT FOR RECORD" or
"FINAL PLAT" or "RE -PLAT' or "AMENDING PLAT' in letters'';' high.
❑ 4) Vicinity map which includes enough of surrounding area to show general location of
subject property in relation to major roads and any city limits and county boundaries, No
scale required but include north arrow.
❑ 5) Title Block with the following information:
❑ Name and address of subdivider, recorded owner, planner, engineer and surveyor.
❑ Proposed name of Subdivision. (Subdivision name & street names will be approved
through the Brazos County 911.) (Replats need to retain original subdivision name.)
❑ Date of preparation. (include the date of any revisions on the plat.)
❑ Engineer's scale in feet.
❑ Total area intended to be developed.
0 Re -plat or Amending Plat, existing lot and block description or Abstract name and
number.
❑ 6) North Arrow.
❑ 7) Location of any current city or county limit lines, if applicable.
❑ 8) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
❑ 9) Descriptions by metes and bounds of the subdivision which shall close within accepted
land surveying standards. (Shown on drawing; not separate description)
❑ 10) Primary control points ordescriptions and ties to such control points, to which, later, all
dimensions, angles, bearings, block numbers, and similardata shall be referred. The plat
shall be located with respect to a comer of the survey or trac% or an original comer of the
original survey of which it is a part.
❑ 11) Name ofcondguous subdivisions and names of owners of contiguous parcels of
unsubdivided land, and an indication whether or not contiguous properties are platted.
❑ 12) Location of the 100 Year Floodplain and Floodway, if applicable, according to the most
recent available data.
❑ 13) Note the FEMA FIRM Map panel number and revision date on plat.
0 14) Topographic information, including contours at two foot (2 R) intervals, flowline
elevation and flow direction.
❑ 15) Proposed drainage concept shown on plan, showing flow paths to primary system.
Vol.7`-O Pg.-
16) Locate and Describe, with accurate dimensions, bearings or deflection angles and radii,
area, center angle, degree orcurvature, tangent distance and length of all curves; show
existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as well as, those within the subdivision; for the
following:
Existing Proposed
0
❑
Streets: continuous or end in a cul-de-sac, stubbed out streets must end into a
temp. turn around unless they are shorter that 100 feet.
❑
0
Public and private R-O.W. locations, width(s) and names. (All existing and
proposed R.O.W.'s sufficient to meet County and City Regulations, if
applicable.)
0
❑
Street offsets and/or intersection angles meet ordinance.
0
❑
Alleys
❑
❑
Reserve tracts.
❑
0
Well site locations.
0
❑
Pipelines: label company with volume and page.
0
0
Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.)
❑
❑
Easements.
0
❑
Drainage Structures and improvements per engineering analysis.
❑
❑
A number or letter to identify each lot or site and each block.
❑
❑
Publicareas.
0
❑
Other Public improvements, including but not limited to parks, schools and
other public facilities.
17) All off-site easements for infrastructure construction musrbe shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be filed prior or concurrently with final Plat.
18) Proposed phasing. The Master Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
19) Bring this check list with one copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos County Engineering
Road & Bridge Department
2617 Hwy 21 West
Bryan, Texas 77803
(979)822-2127
Vol. _D _ P9.a y
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR
NO. 15116 49.1-49.5
On this the 6th day of September 2016 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 6th day of September 2016 the Court heard and approved a budget
amendment for the 2015-2016 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 8 September 2015, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 6th day of September 2016.
THE COTMMSSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: a
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. -%v— Pg,.��
14
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 49.1
9/6/2016
FUNDI DIV I ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease
0100 11210020 60600000 CR Office Supplies 370.00
0]00 11210020 67203000 DR Minor Computer Hardware 370.00
Election Services
Reallocation of funds to allow for the purchase of additional office supplies
Vol. _� �� pg• �� ��
s
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 -49.1
91612016
FUND DIV - ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 11210020 60600000 'DR Office SJ lies 370.00
0100 11210020 67203000 CR . Minor Comouter Hadwae 370.00
I
Red Icczlicn of fundsto a tow for the purcha� of additional dN ce stppl ies
I
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 49.2
9/612016
FUND DIV ACCT PROJ DR/CRi ACCOUNT NAME Increase Decrease
0100 13000100 61750000 CR Tele/Data Cellular 280.00
0100 13000100 71500000 DR Rental - Equipment 280.00
Tax Assessor/Collector
Reallocation of funds to cover for co ier overa es for remainder of FY 16.
Vol. 4`�_�.__ Pg. �� i
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 49.3
916/2016
FUND DIV ACCT PROD DR/CRJ ACCOUNT NAME Increase Decrease
0100 17000100 71206400 CR I Fire Extir. And Panel Insp. 12,000.00
0100 17000100 65050000 DR lBuildingMaint. 12,000.00
Facilities Services
Reallocation of funds to cover for uilding maintenance cost for remainder of FY 16.
Vol. _6yzPg,_o� /__
BRA70S COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 49.4
9/6/2016
FUND DIV I ACCT PROD I DR/CR ACCOUNT NAME Increase Decrease
0100 110005001 72590000 CR Professional Fees - Other 120.00
0100 11000500 65350000 DR Gasoline 120.00
Non - Departmental
Reallocation of funds to cover for asoline cost for remainder of FY 16.
FV0- _�� �Pg, o�/O
100
and
of funds to cover
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 49.5
9/612016
Increase
Vol -GJCf— pS' ���
1
FA
3
4
5
BRAZOSCOUNTY, TEXAS 16
POSSIBLE AMENDMENTS TO THE PROPOSED 16- 17 BUDGET
91612016
FUND DIV ACCT DR/CR ACCOUNT NAME INC
Juvenile JJAEP Recommendationb Budget Office
0100
3 516100001040000 CR Hourl Staff
40.70600
0100
1 31040000 51300000 DR Salary Staff 40,706.00
01001 1 9111000 1 CR Transfer to Capital Improvement Fund
To properly classifyT�he CltisCode1853Fbstion1,from'hou�lystaffpayoode014tb`sdarystaffclassoode013tocomply`with
finairuleof.theDOL-.OJertimeRulechan �'`„Move$40,706 fr"orn curl" Staff.t6Sal "Staffaccount= r:,
yc
fTh*spostionispropalycla5efieiassalay'eventhough,thepa ist6av$47476whichisthethreshold?for s�larybasst� untlerthe}
fi N z4"'q�'mr+k:
Caoitai,i mprovgne t by 543;000'and incre se Genesi Fund Contingency $43 000 Purchased car for Constable Pct #4 mr�ller;to , fi
General Capital Pr 'edsand General Fund Contingency Recommendation by Budget Office
4500 63000500 80211000 CR Computer- Software 6,800.00
4500 49028000 DR Transfer from General Fund 6,800.00
01001 1 91110000 1 CR TransfertoCapital I m rovement Fund 6,800.00
,01001 11001500 1.61130000 1 DRConfingency 6,800.00'
DecreaseCompute;Softwareby.$6800 66creasethefransfe'rfromGeneral Fund by$6800,reduce the Tran
sfatoCapital `
Im rovenentti`'$6;800”andiiraeaseGenal,FufdCotin$6800. a='r'"Ii.
ti+ S^pur e eAut wtt ✓ ri sir r; i . M o� TRwVm eef i 9s .
R & B re
quested purchase the Auto(' Ci vi Enginee ing Softwaefor FY 17 under, Ga aaI Captal,P oectsthowerer the�ftware
,Was abletobepurcha-eonAupust8,r2016;theeforediinintingth'e_'requestfor FY
General Capital Pr 'ectsand General Fund ContingencV
Recommendation by Budget Office
4500 63000500 80890000 CR Vehicles
43,000.00
4500 49028% DR Transfer from General Fund
43,000.00
01001 1 9111000 1 CR Transfer to Capital Improvement Fund
43,000.00
01001 11001500 1,61130000 1 DR IContingency43,000.00.
1 67203000
Dei ease C�,e aal Capital Improvement Fund $43 000 and decrease the Trane f rom Gene al Fund by $43 000 reduce the' Transfer to
fi N z4"'q�'mr+k:
Caoitai,i mprovgne t by 543;000'and incre se Genesi Fund Contingency $43 000 Purchased car for Constable Pct #4 mr�ller;to , fi
ex 'nether"lacanaltofavehicleinvovedinacollison. "
"rr � a
Constable Pct P4 requestedto rep1 ace Patrol Urntt806 f6r'FYr17 6hd6f Genera Capita 1, PrRolbets�A patrol juhit was recer '
1,14'
&vehideonuly21's2016Thereorthiswiladustheubofvehifor!V2paoitwordtoreplethewecm0A17�f
g
cn1 �r �.�f ,t,- t
< ,a.
t ,..,;.177„r�•-_
, �N.tr�Ei ?o
'
--
Contin and Non -D rtmental
Recommendation Bud Office
0100
.11001500
'61130000
. CR Contin
''966.00
01001
11000500
1 67203000
1 DR iMinor Computer Hardware
966.00
Increase Nor-Departrnental by 966 to allow. or the purchase6fria'o6rnputer,'and m6iiit6rfor"the bailiff land i"n'c-r-ee's*'e"us'e66i"�Fuhd' -'
Contin' b x$968 for=361stbistiict Court. ” " = ws'.'',
Collin and Non -D rtmenta'
Recommendation Bud Office
0100
11001500 61/30000
'CR•; Contin
22'500.00
01001
11000500 1 65051000
1 DR lAirC Heatin Maint
22,500.00
I n'''ose Non.Departme tal by $22 500 for theAHU Drive Replaarnent at theeBrazos Centel aid i ncrea_s'e u� of Gaieral Funds .;
Conti ,>' :$22;500.. �.�
a4�&.fi` rr ',f7 ary''"'i"`3, -" A ^i ,-"'.- ' ,
R eU was r for,FYi17 at $2,500 and Siould fi we bcen ro
>n ."`;, ` r., . �' : t' w;'•`' vrM�;'h"Yra,!:. r:ryaw.s ; ,r
at $25;000 Thisent ,will correct e ror. af� 1 4
W201& 2<21M � /1 I vol. mai 2017 Cnapn to 2017 Propow 900T
— -1/—/— �'g,�l� . I
10
BRAZOS COUNTY, TEXAS
POSSIBLE ANIFNONIFNTS TO THE PROPOSED 16 - 17 BUDGET
9/6/2016
FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE
General Fund Contingency and Non -Departmental
Recommendation by Bu get Office
0100
11001500, 61130000
1 DR.
Contingency
',',.6,100.00
0100
1 11000500 1 67286000
1 DR
I Equipment -Other
6,100.001
Decrea Genera Fund Contingency by$6
ting'le-n'c lob and in'cr6se Non-Departmentsil�s budget $6100 06rcfi6kt%wo; Self Cbfi6no�i,
, . ,
Br r.
FY items were'not .YF Jcomp-
I tems ��'ere' aNU3f-aded i n the Gen4,i,C6p 611 P,,r ? diblether oirewill�rec
2017,asi� 1-1 7A" , , 4 " * N_.,
't"d b�'�"d'u's"tom'm-a"d'dand vMl t*6 lonk tha'n�expect�d.--,'.*,i�.-'�,,-., A: �I,A,,� �'f irl�, ,"3Wig �W�,
Count t Auditor and General Fund Contingency Recommendation by Bud 9q Office
0100 16000100 51610000 CR Hourly Staff 374.00
-610-0 16000100 53100000 CR Social Security 29.00
0100 16000100 53200000 CR Retirement 52.00
0100 16000100 53800000 CR Worke sCom 2.00
0100 11001500 -61130000 "1
bw",
e'or6keA oUhtyA'udiior'll�Clb§sC6de03l7,Pos'tion3,,Grc�uPNA'stepNA�'irdr�$21'70'p&4�h'W'�rt'�o'�$2�l��'52"';hour.' is i
� �, - N� .rv- I . " '_ ", _ - -
decrde6eth--CourityALditor'sbyg2�!'tn-iialei""j
yandY'4i b�4isby -creese the General- Fund Conti n"gle�n`
C- "A litU�..�ndiCobnt�'A6ditb�'A�§k5hts"was-sig-neao--A-L . .....
Ordf�, onof� ounty uc 6 9 11
,�Z , ,�,
Ic qeS
General Fund Contingency and Human Resources Recommendation by Budget Office
0100 !11001500. 61130000
CR Contingency
0100 15000100 51610000
DR Hourly Staff 1,602.00
0100 15000100 53100000
DR Social Security 122,00
0100 15000100 53200000
DR Retirement 225.00
0100 15000100 53800000
DR Workers Com 10.00
Impr
by'�2._2'milli ncreeseTransfEi ff General by $2.2 million a6dl increase the General
Capitalil mprovements Fund R
IP6d *j
I n&66se H R S066i A i st , Cl am Cod4TB D ti on 1, Group 4 St4� 2. f r*6m $15.30 per hour to $16.07 pen hour "ThisWil0incree66
'� ��_
11 - ^5:4.x. 1, -, ". .
H�u'm_an R6§6U6e� bud9d foe salary,
, � r.,.,,, � � � I -, � -, -1, , - , 'n. , -, ", . 'r
and rd4ed benefits by $1,959;and,i6crease th6use of.,Generalfund nt'i cy'T'959) ted
qyf
-&it" Arl,
tl�e nZ�'
ou'r Pay as ry, oor
Road& Bridge and General Capital Improvements
Recommendation by Budget Office
0100 56001000 1 80715000 CR Ro3l -Capitai
2,200,000.00
0011 1 ovement Fund
0i
2,200, 000.00 1
:iFund
2,200,000.001
600-050-0 + 80715000 1 DR IRoads-Capitai
2,200,000.001
General Fund Road &, in'the6r�66nt',of,$2,2OO,OOOand in�r6'e66Tr--w4e'r'to'Ce-pi't4
Decreasec�6sd
Impr
by'�2._2'milli ncreeseTransfEi ff General by $2.2 million a6dl increase the General
Capitalil mprovements Fund R
2 'l I tr.l
k'Mmprovements on Mesa Verde R6ad and Arri ngqo6 Road.
Fund Recommendation
Law Enforcement Education F Recommendation by Budget Office
111001 410101100 Balance 2,504.00
1800 30000100 1 61151300 1 CR I L EOSE Constable Pct. #3 1,613.00
1
18001 30000100 1 61152800 I CR I L EOSE Tra ni nq - Sheri ff 891.00
Todecr restricted fund 4icbf6t�La�vEnfor64nEntEd66aibnFund bV�t2��rdecr4i��'LEbSE,Co-nstab[ePct.,3,by�$'I*,613r'
S4
decry EOSE
cipaled A,tim'propq n E,
,9dditio��,2016i4'qrjtieof
-ditb
Toqdjust t5bthOonstabl'L-FIct��SYd',9i&ifi,' dnti`f6r"6* Y,
201
F_
98201V 2 <2 PM VOL
L
11
12
13
14
15
BRALOS COUNTY, TERAS
POSSIBLE A11ENDi11ENTST'OTHE PROPOSED 16- 17 BUDGET
9/6/2016
FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE
aaenerei rums a,tuun a QIIU I\UI-V uuaa na,
3000
0100' .11001500 '61130000 ' CR . Conti
48028000
CR
COB/BC Econ Dei Foundation 111,590.00
30001
561000
1 725900001
DR
Professional Fees -Other 111,590.00
I namse Cityp of Bryan EconomicDevdoprnent Foundation revenue by $11'1;590 and P ofessona FcesOtherby $111 590 for the " 'v
Mikulin°RoaBConstrud ion Pr.-ect.,' y
oj
;ri,:*.r. 3 c'Ag''?"A"a� ... ,. +y . _ x , � . • -.n, i c. , r
R ectanvoian has not beenoom lett ,Wali torecetvefinal mvoibefrom`Umon,PaGfib.
Recommendation by B dget Office
Grant Fund: TAC Risk Contrd Grant
3000
46086000
CR TAC Risk Control Reimb 25,936.00
3000 125100
71025000
1 DR lContractServices 25,936.00
r
I ncr� re✓erwe fromaTAC Ri sc Control Rei mtiursgrte�t Grant by $25 936 and'Contral Savi ces by $25;938 for the'i•e{aa r of roof m t
Admi r c.
istrationB�ildin q„Pr 'act not cem IFtetlln FY,2016.
tr,� ,x><. ; .,-a,� ��. six a• , ” - , ,�, �, e'^ ,��.m
To`sat-.0 neNRi"sk=Control-ReJmbursenvent.Pr ramawardedb TaotoriRoof.:R uPr af:, ��. +. >: rr �_i .*.�a�-,�.
General Fund Contin and General Capital Improvements
Recommendation County Judge
0100' .11001500 '61130000 ' CR . Conti
' , , , 25,000.00
0100 91110000 DR I Transfer to Capital Im roveme t Fund
25,000.00
4500 49028000 CR Transfer from General Fund
25,000.00
4500 63000500 80101008 DR Bldg. Reiov -Jail
25,000.00
Toadd 25000 for the kitchen ecpansonDesign ostat the Detention Center..Incre�UseofGeneral.Fund Contingelcy�byS25;000"
•, .. -..< , f _ ,. ,. eneral ,..max K..
Ina eTransfertoG�aal'C italImprovanentFuntl,inrrPnPTraufer.froinGenersFundaxlmcr�eBldgRetovation-Jailall;by
� a
$25000. -
General Fund Contin and Non -D rtmental
Recommendation by County Judge
Recommendation
County Judge
0100
11001500
61130000 CR
Contin
R24301100
24301100 51610000
DR Hourly Staff
27,436.00
8;925.00
01001
11000500
j 65440000 1 DR
I Network Maintenance
66.00
8,925.00
DR Retirement
1,920.00
i $ h.. ! ] hE ♦i , ) Jg. i�ry -P M9"'p ( I'�n
To i name use of-Geleral Fund.Conti nge cy by $8 925 for the Ta .Off ce Red i6dint Connech on Prof ect_whi ch was not completed i n. t
FYY2016.Jncr�eN&work,Maintertaviceobstb $8925,inN0nD ar'tmental.Diviaon. .,
This` ojbo twasavgdd-din FY,2016butwasnotcom I6terJ ronin`"
roectf6ndst6FY2017:
.'.- £ " °a -•
r n F `+" k!.
General Fund C ingency and Justice of the Peace, Pct. #3
Recommendation by County Judge
0100 .11001500 1 61130000
CR` Contingency
28,547.00
1 51630000
CR Hourly Pat -Time
13,718.00
R24301100
24301100 51610000
DR Hourly Staff
27,436.00
0100 24301100 53100000
DR Social Security
1,049.00
0100 24301100 53101000
DR Flex Benefit Admin Fee
66.00
0100 24301100 53200000
DR Retirement
1,920.00
0100 24301100 53300000
DR Em to eeHealthInsurance
11,712.00
0100 24301100 53800000
DR Worker's Com
82.00
Diel4eClerkil JO3i'dassCotle'0623 Posit! on 1, Group'10 Step2, Pay Code 016 (Part-time) and
a�eClerk l JP31,CIass Code=0604
Fb'stion21Group10,St i2,Pa,Code014{Fulltime) Thiswillincr etheJusticeofthePeace,Fct#13sbudget;by$28
ders�e'
JustioeofthePeaceiPct^#3Hourl
Fat-Timeax�unt$13718aid`der�eGa�al;FunilC6ntin'
�b $28,547`.ay
ThisWilk-deeite a f611.tiff6positi6n`par1ly7f6nded
bydeletihg one .. time " 9ti'o'n"and usn GeieralsFund Contin' "monies
e6201e, 242 aM �� ���rei eon creipee maov Pmow.a eocr
v
VO----
16
17
18
BRAZOS COUNTY, "TEXAS
POSSIBLE AMENDMENTS TO THE PROPOSED 16- 17 BUDGET
9/6/2016
DR/CR ACCOUNT NAME INCREASE DECREASE
361st District Court and General Fund Contingency Recommendation bv Countv Judge
0100 22200100 51300000 CR Salary Staff 1,445.00
0100 22200100 53100000 CR Social Security 111.00
0100 22200100 53200000 CR Retirement 203.00
0100 22200100 53800000 CR WorkersCornp 8.00
0100 11001500 61130000 DR, ContincjencV 1767.00
.{.^.�..n e n
Decrees Court Reporter 361st.Distnd Co drtClass Code 2530 FbStion 1; Group 25 Step .12 to Group NA Step NA -from $283040 .'a'
pe�pa7tod$2774.81perpa7`-Thiswill decreasethe 361stDistri,dourtssalaryand relatedbenefitsbudg by$1767andmaemes
Gah,Fund Contin b $1767 w p°
Orde D emirnnx C-, noamPa"p�e"1n4so d "vot�wn., olf 'sC"-oidy. '^J Rb:e. o�t easwan .
pO`r"iae on'A.: h.ugu^s2-°82`.0:`1P6.'Had
a1d toe"t' ake p"o�rtiPoy"n-:voff Gi ro{cui`r: 'Ad S,-tte.pkach#at ass
sk;tnount:bfthecom sationordereddoesnot,fit,on:thegroup7and'st
chat; Asn s hri' r
Sheriff's Administration and General Fund Contingency
Recommendation by County Judge
0100 28000100 51610000 CR Hourly Staff
500.00
0100 28000100 53100000 CR Soc al Sacurit
tegfi
38.00,
0100 28000100 53200000 CR ent
70.001
0100 28000100 53800000 CR lWorkersComp
2.00
0100 ^11001500 6(1130000 DR Continclency
610.00. .
s4s
DeaseClerk I=,E4idenee ClassCode 1435 Position 5?,,Group 10
Sip 7 tojGroup'10 Step 5�aid ncreaseP og am Coordinator I
ode.10.,
C1441Poghonl Grou 14St 9toGrou 14SC 10ThiswiIIdecr�theShenffsAdministrationbud
ad ary,andrelated'1
benafitsb,$610andincre�eGgieai'Fiini]'Conti x$610. '.L
' " `` "'" '` �""''
General Fund C ingency and Collections
Recommendation by County Judge
0100 :11001500
61130000 CR', Contin
° , " ; -:151:00
010011200200
51610000 DR Hourl Staff
124.00
0100 11200200
53100000 DR jSoda Security
9.00
0100 11200200
53200000 DR I Retirement
17.00
0100 11200200
1 53800000 DR lWorker'sComp
1.00
tAd wY„>C
Decree Clerk I I Collection$ CIa�Codeg730 Pas 6on1 Group 11 �St� 7 to Group 11i ep 6 aid increaseCl I11 Col xtions��,.
ClassµCcde 1731 ^Position 2 Group 12 Step 10 to Group ,l2 Step 11 <Thiswill incr& the'Col1echons' salary and related be er1ts budget
$151adinaetheuseofGeneialFuni3Contin $151'. ..:. ,
9W01b 2'2PM a Fina: 2017 Chagas 1020,7 Pmpsad BOLT
19
20
BRAZOS COUNTY, TEXAS
POSSIBLE A:NIENDJIENTS TO THE PROPOSED 16 -17 BUDGET
916/2016
FUND DIV ACCT DRICR ACCOUNT NAME INCREASE DECREASE
Juvenile Detention and Juvenile Administration
Recommendation by County Judge
0100 31000200 51610000 CR Hourly Staff
54,746.00
0100 31000200 51810000 CR Longevity
480.00
0100 31000200 53100000 CR Social Security
4,255.00
0100 31000200 53200000 CR Retirement
7,731.00
0100 31000200 53300000 CR Employee Health Insurance
11,712.00
0100 31000200 53800000 CR Workers Comp
331.00
0100 31000100 51300000 DR Sjary
54,746.00
0100 31000100 51810000 DR Longevity
480.00
0100 31000100 53100000 DR Social Security
4,255.00
0100 31000100 53200000 DR Retirement
7,731.00
0100 31000100 53300000 DR Em I eeHcelthlnsurance
11,712.00
0100 31000100 53800000 DR Workers Com
331.00
_. x 3
Movesalary benefits' andlonrjvityfor,Deteiti646ounsgor ass ClCale 2811.Fbstlonl Group 20 Step 10 I�Code014toPa�rf Codel
013 from Juvenile Deterition-31000200toJuvenileAdrriinlstrehon-31000100ThiswllldeoreasetheJuvenileDetention's budget by' G.
$79,225aniiincr�ethe9u'venileAdminsons6u,225'.= „_re <d
Position works pri man IyFt�heAdmi nstrati pn Di vi s on Ar d i s ba ng ci ass fi ed a sal ay anpfoyce bred on in ad av rYl eopted'by
th'e Department of Labor r , n m
General Fund Contin and Non -D artmental Recommendation b Court Judge
-0100
-11001500 .61130000' DR
lContingency, `
:r ..7700.00
0100
1 11000500 1 67286000 1 DR
I Equipment -Other 7,700.00
I nam use of Genaa,Fund Cdnti ngency by:,$7 700 and i ncrease No Departma to s Egw pment Other tiudg by $7;700 to purch�e 8
N +. 5 1 n k
�..W
Ballistio!Helmets.. 'Y. ...3 d
I terns were aver ded i n the Gene a Capital Prq cels for FY 17 proposed but quoted at $1 100 forrl9 hd mIXsHavcv the pace s<
It i; 1&p.4a,v4t i _'r xthe z•rai a- 'uote ; I w r,49
$11100 bedi?,R�mmendation to fund half the
request'
+' Total Increase in the,Use of General Fund Contingency in the -
.GeneralFund
Total Decrea1.se in the Useof,General Fund Contingency in the
General Fund
Net Effect is Increase Use of General Fund Contingency
Proposed Contingency
Net Effect: Increase Use of Contingency
Total Adopted General Fund Contingency:
VR .D
,anc Peters Date
$ 101,848
52,634
$ 49,214
$ 2,500,000
(49,214)
$ 2,450,786
County Judge
58/t01E 2 a2 P1A 5 /Ftru� 2 1 7 Cnargec m 2017Propaaed BOGT
Foi� Wpg,_CV
BRAZOS COUNTY
RESOLUTION LEVING A TAX RATE
FOR THE COUNTY OF BRAZOS
FOR THE TAX YEAR 2016
WHEREAS, the Commissioners' Court is responsible for the levy for adoption of a tax
rate for Brazos County.
NOW, THEREFORE, BE IT RESOLVED that the Commissioners' Court of Brazos
County, Texas does hereby levy or adopt the tax rate on $100 of valuation for the County of
Brazos for the tax year 2016 as follows:
$0.4258 for the purpose of maintenance and operations
$0.0592 for the payment of principal and interest on county debt
$k.4850 Total Tax Rate
THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE
AND OPERATIONS THAN LAST YEAR'S RATE. THE TAX RATE WILL
EFFECTIVELY BE RAISED BY 3.17 PERCENT AND WILL RAISE
TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME
BY APPROXIMATELY $1.04.
BE IT FURTHER RESOLVED that the tax assessor/collector is hereby authorized to
assess and collect the taxes of Brazos County in Accordance with the above set rate.
ADOPTED this the of
Duane Peters,
Lloyd Wats@rmann'Comn1 4iptrer Precinct 1l Safi 'ssioner Precinct 2
Kenny Mallard, C* issioner`P;:&inct 3 recinct 4
vv Attcste .
Kar McQueen, County Clerk
Vol. -- /--��. _ Pg„_o_Z
BRAZOS COUNTY
BRYAN, TEXAS
Tax Increase
Ratification of the property tax increase due to the adoption of a
budget that will require more revenue from property taxes than
in the previous year.
This budget will raise more total property taxes than last year's
budget by $3,153,546 or 4.79%, and of that amount
$2,235980.06 is tax revenue to be raised from new property
added to the tax roll this year.
.11
Duane Peters Date
County Judge
Brazos County Administration Bldg. • 200 S. Texas Ave. . Suite 310 Bryan, Tepp.7,7.803 Fax: (979) 361-4176
FVO
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AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171
STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE NfE, fire undersigned authority; on L X! - 6j�&____oersonally appeared
. G la SSt"0M n . w'be being duly swom, deposes and says:
1. she has a substantial interest in abusiness entity or real property. Official action taken by the
Commissioners Court of Brazes County, Tears concerning Agenda Item No. of the Court
Agendadeted Vl "
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
an the public.
2. That the substantial interest is (check the following as is appropriate):
() a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or S15,000 or more of the fair market value of the business entity; or
() b. Funds received by me from the business entity exceed 10 percent ofmy gross income for the
previous year, or
() c. An equitable or legal ownership in real property with a fair market value of82,500 or mete; or
d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
Q e. ether.
3. That 1 will abstain from participation in the matter referred to in Item I unless authorized by law.
Signature I AAAV f.�NR.�✓
SWORN TO AND SUBSCRIBED BEFORE ME this th/A day of, C 20.jb.
n{ MANY 17CKSTROM
:1 Ngdary AddK Notary Public in and for
4,-rATT: OF TEXAS The Stare of Texas
My Vollm. 1191L OkMf'1114
Filed:
County Clerk KAREN MCQUEEN
PERSONNEL I�
CHANGE OF STATUS REQUESTS
Commissioner Court Date: September 6, 2016
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
Commissioner's Court
Exposition Complex
Coffman, Cheryl
Wasserman, Randall
Sheriffs Office— Detention Hayes, Morgan
Tax Office
Hartman, Victoria
Gardner, Joshua
Approved in Commissioners' Court: September 6. 2016
County Judge's or Commissioner's Signature: CA
(This Copy to be attached to minutes)
Change of Status
New Hire
Separation
New Hire
New Hire