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2018-01-23 10:00AM REGULAR MEETING
BRAZOS COUNTY BRYAN,TEXAS - i NOTICE OF MEETING AND AGENDA �$ BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 23, 2018 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 - Commissioner Catalena 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions Presentation of the results of the FY 2017 Economic I mpact Analysis for the Brazos County Exposition Consider and take action on agenda items 4.32: 4. Proclamation 18-001 declaring February 11, 2018 as "2-1-1 Day". 5. Discuss and take action to relocate Vote Center 10 Brazos County Admin. Building to Brazos County Elections Administration Ruth McLeod Training Room 6. Discuss and take action to approve Order to relocate Vote Center 20 Aldersgate Methodist Church to A&M Church of Christ 7. Acceptance of donated property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. 8. Acceptance of a donation from Jason's Deli of a $30 gift certificate to be used by the Health & Wellness Clinic. 9. Payment Authorization to Galls LLC in the amount of $54.49 for a uniform purchase for Constable, Pct. 4; a purchase order was not obtained in advance. 10. Payment Authorization to Longhorn International Trucks LTD. in the amount of $65.60 [Vol, �g: _131 for auto parts on dump truck #RB694 on work order #3969.; purchase order was closed due to fiscal year end. 11. Authorization for the County Judge, County Auditor and the Emergency Management Coordinator to sign the FY2018 Emergency Management Performance Grant (EMPG) Application. 12. Approval to purchase a 2017 Chevrolet Express 2500 Work Van in the amount of $24,632.00 for the Brazos County Facility Services Department (1 unit). 13. Approval of the following job descriptions: • a. Class Code 1519, Position 01 - Detention Officer, Temporary for S.O. Detention • b. Class Code 0218 - Transition Training -All (P/T) for County Judge Office 14. Approval of Stop Loss Renewal Documents. 15. Approval of contract with Suddenlink for guest wireless internet services for County buildings. 16. Renewal of Bid # 18-0032R Hydrated Lime with Austin White Lime Co. 17. Approval to "No award" the following request for qualifications(RFQ) due to no bids or proposals received: • a. RFQ # 18-004 Assessment, Evaluation, Treatment and Counseling Services for Sex Offenders • b. RFQ # 18-006 Assessment, Evaluation, Treatment and Counseling Services for Spanish Speakers • c. RFQ # 18-040 Assessment, Evaluation, Treatment and Counseling Services for Mental Health and Substance Abuse 18. Award and approval of contract for RFP 18-091 Design Build Services for McAllester Lane Rehabilitation. 19. Approval of permission to advertise RFP 18-097 Expansion of—Juvenile—Justice Center.— - 20. Approval of the following committee for the evaluation of RFP 18-097 Expansion of Juvenile Detention Center: • a. Judge Duane Peters • b. GaryArnold • c. Irene Jett • d. Dr. Doug Vance • e. Andrew Pitts- TreanorHL (non-voting) • f. Legal (non-voting) • g. Purchasing (non-voting) 21. Renewal of contract # 18-101 R for Culverts as follow: • a. Contech Engineered Solutions Inc: Sections 1 - 20 and 31 -46 • b. CPR Services and Supplies: Section 23-30 • c. No award: Section 21 and 2 22. Permission to advertise Bid #18-105 Uniform Rental. 23. Renewal of Bid # 18-112R Janitorial Paper Products with Ray Criswell Distributing. 24. Request permission to enter private property owned by Sammy Catalena on Democrat Road at the Navasota River. County will reestablish drainage due to erosion problem created from recent bridge construction. Site is located in Precinct 2. 25. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Harris Lane a distance of Vol. _ Pg. �^Z 0.5 mile and Hudspeth Road a distance of 1.9 miles. Project will provide water to oil well. Site is located in Precinct 2. 26. Consider and take action on the Wildhorse Resources Management, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Wallin Road a distance of 1,975 feet. Project will provide water to oil well. Site is located in Precinct 4. 27. Expenditure Journal Entries • Expenditure Journal Entries: 120153; 010001 - 010003 28. Tax Refund Applications for the following: • a. H. Brooks Enterprises -Overpayment $264.64 • b. W FG Lender Services -Overpayment $125.17 • c. 303 A Properties -Overpayment $89.00 • d. John & Peggy Billingsley- Overpayment $357.23 • e. Kathleen M. Allen % Sandra Dwyer- Overpayment $59.98 29. Commissioners Court minutes for the following dates: • a. December 5, 2017 -Regular Meeting • b. December 12, 2017 -Regular Meeting • c. December 12, 2017 -Public Hearing • d. December 19, 2017 -Regular Meeting • e. December 28, 2017 -Regular Meeting 30, Budget Amendments. Budget Amendments FY 17/18 16.1 - 16.7 31. Personnel Change of Status. Personnel Action Forms 32. Payment of Claims. 33. Acknowledgement of the 2017 Racial Profile Report for the Brazos County Sheriff's Office. 34. Acknowledgement of the 2017 Racial Profile Report for the Brazos County Constable, Pct. 3 Office. 35. Acknowledgement of the 2017 Racial Profile Report for the Brazos County Constable, Pct. 4 Office. 36. Sheriff's report on inmate population. 37. Announcement of interest items and possible future agenda topics. 38. Call for Citizen input and/or concerns 39. Adjourn. EVol7-91-7–� p9, / 3J 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 me are Inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is It the intention of the Court to allow a member (or members) of the public to insult the honesty and/or Integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a 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 Slate of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter wthout 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. Flandicap 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. MINUTES JANUARY 23, 2018 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, January 23, 2018 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, 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. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Catalena 2. Call for Citizen input and/or concerns There was no citizen's input. 3. Presentations and/or Discussions Presentation of the results of the FY 2017 Economic Impact Analysis for the Brazos County Exposition The Brazos County Exposition Complex Manager Tom Quarles stated that this is the 10th year of operation for the Expo. Mr. Quarles provided each Court member with a Vol. L Pg. packet and introduced Dr. Rebekka Dudensing to begin the presentation. Dr. Dudensing explained the FY 2017 Economic Impact Analysis to the Court. Dr. Dudensing said that including the Brazos Valley Fair and Rodeo the Exposition Complex hosted 164 events. She stated that the horse shows have the biggest economic output. Dr. Dudensing also stated that 7.3 million dollars was a result of direct spending from the events held at the Expo. Tom Quarles said he looks forward to the 2018 report because with several national events added to the schedule, he believes the Expo will have it's best year yet. Commissioner Berry thanked Mr. Quarles and the Expo staff members for their good work. Judge Peters stated that he hears many positive comments from citizens about the Expo. Commissioner Aldrich also commented on the great shows available for citizens to attend at the Expo. A copy of the Economic Impact Analysis report is attached. Consider and take action on agenda items 4-32: 4. Proclamation 18-001 declaring February 11, 2018 as "2-1-1 Day". The Court approved a Proclamation designating February 11, 2018 as "2-1-1 Day". The Court along with the mayors of the Cities of Bryan and College Station support 2-1-1 Texas, an Area Information Center of the Texas Health and Human Services Commission. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Discuss and take action to relocate Vote Center 10 Brazos County Admin. Building to Brazos County Elections Administration Ruth McLeod Training Room A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Discuss and take action to approve Order to relocate Vote Center 20 Aldersgate Methodist Church to A&M Church of Christ A copy of the order is attached. Pg. /3 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Acceptance of donated property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 8. Acceptance of a donation from Jason's Deli of a $30 gift certificate to be used by the Health & Wellness Clinic. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Payment Authorization to Galls LLC in the amount of $54.49 for a uniform purchase for Constable, Pct. 4; a purchase order was not obtained in advance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Payment Authorization to Longhorn International Trucks LTD. in the amount of $65.60 for auto parts on dump truck #RB694 on work order #3969.; purchase order was closed due to fiscal year end. This payment authorization was requested by Fleet Services. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Authorization for the County Judge, County Auditor and the Emergency Management Coordinator to sign the FY2018 Emergency Management Performance Grant (E MPG) Application. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Approval to purchase a 2017 Chevrolet Express 2500 Work Van in the amount of $24,632.00 for the Brazos County Facility Services Department (1 unit). vol. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Approval of the following job descriptions: • a. Class Code 1519, Position 01 -Detention Officer, Temporary for S.O. Detention • b. Class Code 0218 -Transition Training -All (P/T) for County Judge Office Judge Peters announced that Job Description (b) would be removed from the agenda. A copy of Job Description (a) is attached. Motion: Approve w/ Conditions, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Approval of Stop Loss Renewal Documents. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Approval of contract with Suddenlink for guest wireless internet services for County buildings. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Renewal of Bid # 18-0032R Hydrated Lime with Austin White Lime Co. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Approval to "No award" the following request for qualifications(RFQ) due to no bids or proposals received: • a. RFQ # 18-004 Assessment, Evaluation, Treatment and Counseling Services for Sex Offenders • b. RFQ # 18-006 Assessment, Evaluation, Treatment and Counseling Services for Spanish Speakers • c. RFQ # 18-040 Assessment, Evaluation, Treatment and Counseling Services for Mental Health and Substance Abuse Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Award and approval of contract for RFP 18-091 Design Build Services for McAllester Lane Rehabilitation. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded the contract of RFP 18-091 Design Build Services for McAllester Lane Rehabilitation to Hayward -Baker, Inc. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Approval of permission to advertise RFP 18-097 Expansion of Juvenile Justice Center. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Approval of the following committee for the evaluation of RFP 18-097 Expansion of Juvenile Detention Center: • a. Judge Duane Peters • b. Gary Arnold • c. Irene Jett • d. Dr. Doug Vance • e. Andrew Pitts- TreanorHL (non-voting) • f. Legal (non-voting) • g. Purchasing (non-voting) Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 21. Renewal of contract # 18-101R for Culverts as follow: • a. Contech Engineered Solutions Inc: Sections 1 -20 and 31 -46 • b. CPR Services and Supplies: Section 23-30 • c. No award: Section 21 and 2 The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded the Renewal of Contract 18-101 R for Culverts as stated above. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Permission to advertise Bid #18-105 Uniform Rental. 13y Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 23. Renewal of Bid # 18-112R Janitorial Paper Products with Ray Criswell Distributing. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 24. Request permission to enter private property owned by Sammy Catalena on Democrat Road at the Navasota River. County will reestablish drainage due to erosion problem created from recent bridge construction. Site is located in Precinct 2. A copy of the affidavit of abstention for Commissioner Catalena is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Abstain: Catalena. 25. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Harris Lane a distance of 0.5 mile and Hudspeth Road a distance of 1.9 miles. Project will provide water to oil well. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 26. Consider and take action on the Wildhorse Resources Management, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Wallin Road a distance of 1,975 feet. Project will provide water to oil well. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 27. Expenditure Journal Entries • Expenditure Journal Entries: 120153; 010001 -010003 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 28. Tax Refund Applications for the following: • a. H. Brooks Enterprises -Overpayment $264.64 E -:_?__4 p9 /� • b. WFG Lender Services - Overpayment $125.17 • c. 303 A Properties - Overpayment $89.00 • d. John & Peggy Billingsley - Overpayment $357.23 • e. Kathleen M. Allen % Sandra Dwyer - Overpayment $59.98 Motion: Approve, Moved. by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 29. Commissioners Court minutes for the following dates: • a. December 5, 2017 - Regular Meeting • b. December 12, 2017 - Regular Meeting • c. December 12, 2017 - Public Hearing • d. December 19, 2017 - Regular Meeting • e. December 28, 2017 - Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 30. Budget Amendments. Budget Amendments FY 17/18 16.1 - 16.7 16.1 Reallocate funds for the Hotel Occupancy Tax Fund. 16.2 To recognize revenue donated to the Drug Court Program. 16.3 To recognize an approved grant for the Sheriff's Office to purchase body armor vests. 16.4 Reallocate funds for Juvenile Services. 16.5 Transfer funds from Non -Departmental to the 85th District Court. 16.6 Transfer funds from Non -Departmental to the Purchasing Department. 16.7 Transfer funds from Non -Departmental to the Exposition Complex. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 31. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 32. Payment of Claims. Claims 8000016-8000348 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 33. Acknowledgement of the 2017 Racial Profile Report for the Brazos County Sheriff's Office. The Court acknowledged receipt of the 2017 Racial Profiling Report for Brazos County Sheriff's Office. 34. Acknowledgement of the 2017 Racial Profile Report for the Brazos County Constable, Pct. 3 Office. The Court acknowledged receipt of the 2017 Racial Profiling Report for Brazos CountyConstable, Precinct 3. 35. Acknowledgement of the 2017 Racial Profile Report for the Brazos County Constable, Pct. 4 Office. The Court acknowledged receipt of the 2017 Racial Profiling Report for Brazos County Constable, Precinct 4. 36. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 591 inmates in jail, 506 inmates are male and 85 are female, 54 have electronic monitors and 5 are pending for monitors. 37. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced the Texas Silver Haired Legislature (TSHL) is hosting a Town Hall Meeting for Senior Citizens on February 14, 2018 at the Brazos Center. Lunch will be provided. The meeting will allow senior citizens the opportunity to address their concerns. The TSHL members will voice those concerns at the State Capital in April 38. Call for Citizen input and/or concerns There was no citizen's input. 39. Adjourn. Vol, The foregoing minutes of the Commissioners Court meeting held January 23, 2018 have been examined and are approved in open Court this 13th day of February 2018, in Bryan, Brazos County, Texas . Duane Peters Steve Al rich County Judge Commissioner, Precinct 1 Sammy Catalena Commissioner, Precinct 2 Commissioner, Precinct 4 Attest: Karen McQueen County Clerk e 47 Nancy Berry Commissioner, Precinct 3 F -A - -;� - VA BRAZOSCOUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) WMR. 1 135 �' Organization (PLEASE PRINT) 60,vr5e elt-lexK /F Pg -�- of 2 lv� Vol. Pg. Pg 27 f -L- BRAZOSCOUNTY COMMISSIONER'S COURT A4 -DAY OF 1 la`o� AM/ , Name (PLEASE MAT) MA , G 6;ngA el- Organization (PLEASE PRINT) LU l l / JL .�,I. _,7- 6 G p9, / L-11� tk .�,I. _,7- 6 G p9, / L-11� TEXAS A&M GIZILIFE EXTENSION Economic Impact of the Fiscal Year 2017 Rebekka Dudensing, PhD January 2018 Vol. G .. Pg. /� � Expo Events The Brazos County Expo hosted 164 events over 347 actual event days in Fiscal Year 2017, up from 325 [lays in FY2016. Annual attendance was estimated at 86,095, including the Brazos Valley Fair which hosts 16,000 participants and attendees. As has been the case for the past several years, the Fair is not included in this analysis. Person -days excluding the Fair totaled 156,343 in FY2017, up front 130,620 in FY2016. Table I shows the number of events, event days, attendance, and person -days by event type. Three events, not included in these totals, were cancelled by organizers due to Hurricane Harvey, bringing booked events to 167. During that time, the Expo served as a shelter for animals evacuated from the coast. 'file spending associated with that period is not included in this report. Table I. Expo events by type, event count, clays, attendance and bill, FY 2017. Tv e Count Type Count Type Days Type Attendees Type Person - Days Horse Shows 14 54 8,065 37,895 Livestock Shows 15 42 4,600 15 ,925 Rodcos, Ropings, and Barrel Races 22 61 12,950 27,635 Misc. Spectator Event 5 6 4,100 4,460 Conferences and Career Fairs 16 36 2,320 13,001 Trade Shows 14 34 4,850 12,659 Meetings, Seminars, and Educational Events 27 53 6,895 11,579 Private Events 50 58 26,315 33,189 Total to/o Fair 163 344 70,095 156,343 FairI 3 16,000 16,000 Total w Fair 164 347 86,095 172,343 The table above includes partnership events. Partnership events held at the Expo likely would have been held in Brazos County even if the Expo slid not exist. Partnerships reflect the availability of the Expo for local events such as the fundraisers, weddings, meetings, educational events, and corporate parties. These partnership events are not included in the analysis of spending and economic impacts although they provide an important service to local residents and businesses. Local service events include services for county residents, including livestock validation. Again, there is no visitor impact, but the services are important to local residents. Revenue -generation is a priority for Expo management and staff, but F.;xpo visitors generate more economic activity in Brazos County outside the complex than within it. Crompton and Culpepper note that publically owned facilities are often important parts of the economy because they attract visitors and non -local spending.' Indeed, such facilities are often built with a goal of garnering such outside spending as well as providing a venue for local events and fostering pride in the community through hosting a variety of events.'file spending component of the facility's propose suggests the appropriateness of an economic impact study. While attendance counts people, person -days are a measure of the number of days each of those people attended. For example, a Quarter Horse show with 500 attendees competing ova four days would result in in 2,000 person -days. However, a career fair with 200 non -local vendors who attended two days (400 person days) and 550 attendees spread over three days would result in 950 person -days. 2 Crompton, John, and Juddson Culpepper. 2006. The Economic Contribution of Texas State Parks in F1' 2006. Texas A&M University, Deportment of Recreation, Parks, and Towimt Sciences, College Station, "I'X. December. Vol. GG p9. /�f Visitor Spending by Event Category Expo staff survey event participants throughout the year to determine how much they are spending at hotels, restaurants, etc. Each event, and each individual participant, has a different expenditure pattern, although similar types of events tend to produce similar spending patterns. A different sample of events is surveyed each year in order to capture the spending patterns of a broad array of events. In addition to 2017 spending, an inflation- adjusted three-year-avcrage of spending is used to improve the reliability of expenditure data as the survey captures these different events. Only responses from visitors to the county are used to calculate spending impacts, and only the non -local portion of event participants is included in the economic analysis. For example, only non -local vendors are included in calculated impacts for most tradeshows and career fairs. Local vendors and attendees are excluded from the impact analysis. While spending by locals does not bring new money into the county economy, their participation in these events does help prevent leakages because they stay in the county to attend events and spend money instead of leaving town and spending money elsewhere. The 2015-2017 average and the 2017 spending per person -day are presented in Tables 2 and 3. Only the three -year -average is discussed in the text of this document. Rodeos and outdoor events were not surveyed in 2017 so inflated 2016 dollars were used for current year spending. Methods for calculating current and average spending for these events are discussed in their respective sections below. Spending per person -day generally trended lower in 2017 relatively to 2016. However, conference and career fair spending trends were higher, and, excluding access ices, trade show spending was up, driven by higher spending on lodging. Horse show and conference/career fair continued to produce relatively high spending patterns. Year-to-year variation is largely a function of events surveyed each year as well as broader economic and consumer confidence trends. These variations highlight the importance of focusing on the average spending, which includes a broader and thus more representative range of spending patterns. Table 2. 2015-2017 Non -local Person -Day Expenditures by Event Category. Table 3. 2017 Non -local Person -Day Expenditures by Event Category. Lod�in Food Gas Retail Recreation Access Other Total Horse Shows $37.03 $22.82 $9.77 $6.01 $0.35 $87.63 $3.57 5167.18 Livestock Shows $27.23 $14.08 $6.60 $5.59 $1.32 $25.84 $2.93 $83.59 Rodeos $10.47 $13.89 $10.59 $4.06 $1.73 $46.93 $6.70 $94.38 Spectator Events $10.47 $13.89 $10.59 $4.06 $1.73 $46.93 $6.70 $94.38 Conferences, Career Fairs $54.28 $22.57 $8.36 $3.32 $1.50 $84.33 $1.70 $176.07 Trade Shows $47.40 $24.27 514.43 $11.82 $0.32 $23.81 $8.20 $130.26 Table 3. 2017 Non -local Person -Day Expenditures by Event Category. *Not surveyed. Relies on inflated 2016 spending. Spending averages are weighted by person -days for each of the surveyed events in each event category. Tables 4 and 5 display total expenditures by event category. Overall spending in 2017 was lower relative to the three-year average and especially 2016 values, due to lower spending per person -day. Horse shows provided the greatest direct spending among event types. Vol. Lodging Food Gas Retail Recreation Access Other Total Horse Shows $45.78 $26.87 $10.35 $1.85 $0.06 $39.14 $2.41 $126.47 Livestock Shows $18.45 $11.37 $6.84 $5.81 $2.57 $8.19 $4.08 $57.30 Rodeos* $10.25 $16.35 $10.43 $2.99 $2.11 $55.85 $0.77 $98.74 Spectator Events* $10.25 $1635 $10.43 $2.99 $2.11 $55.85 $0.77 $98.74 Conferences, Career Fairs $77.18 $28.50 1 $14.23 1 $8.58 1 $4.31 1 $43.09 1 $3.42 1 $179.31 Trade Shows $78.04 $28.96 $6.70 $5.49 $0.00 $Q00 $0.15 $119.35 *Not surveyed. Relies on inflated 2016 spending. Spending averages are weighted by person -days for each of the surveyed events in each event category. Tables 4 and 5 display total expenditures by event category. Overall spending in 2017 was lower relative to the three-year average and especially 2016 values, due to lower spending per person -day. Horse shows provided the greatest direct spending among event types. Vol. It should be noted that only access fees that remain in the Brazos County economy are included in spending. For example, if an event is hosted by local organizers, fees are included in the analysis. If an event is hosted by an association headquartered outside the county, fees for that event are not included the spending totals reported above and used in the impact analysis. This is accomplished by only applying person -day access fees to non -local person -days for events organized within Brazos County. All other access foes are excluded from the analysis. Table 4.2015-2017 Total Expenditures by Event Cateeory Table 5. 2017 '1 otal Person-Dav Expenditures by Event Category. Event Tye Lodtzin2 Food Gas Retail Recreation Access Other Total Horse Shows $1,158,600 $714,000 $305,600 $188 000 $11,000 $1 183,008 $111,800 $3,672,100 Livestock Shows $359,900 $186,100 $87,300 $73,800 $17,400 $111,124 $38,700 $874,300 Rodeos $217,100 $287,900 $219,400 $84,200 $35,900 $422,383 $138,900 $1,405,700 Spectator Events $16,300 $21,700 $16,500 $6,300 $2,700 $0 $10,500 $74,100 Conf'crences, Carecr Fairs $416,900 $173,400 564,200 525,500 $11,600 $369,115 $13,000 $1,073,800 Trade Shows $79,100 $40,500 $24,100 $19,700 $500 $10,346 $13,700 $188,000 Total 52,247,900 $1,423,600 5717,100 I 5397,600 579,1110 52,095,975 5326,600 57,287,900 Table 5. 2017 '1 otal Person-Dav Expenditures by Event Category. Event Tye Lodging Food Gas Retail Recreation Access Other Total Horse Shows $1,432,500 $840,900 $324,000 $58,000 $1,700 $528,428 $75,300 $3,260,900 Livestock Shows $243,800 $150300 $90,300 $76,800 $33,900 $35,201 $54,000 $684,400 Rodeos $212,400 $339,000 $216,100 $61,900 $43,800 $502,606 $16,000 $1,391,700 Spectator Events $16,000 $25,500 $16,300 $4,700 53,300 $0 $1,200 $67,000 Conferences, Career Fairs I $592,800 $218,900 $109,300 $65,900 $33,100 $188,583 $26,300 $1,234,900 Trade Shows $130,200 $48,300 SI 1,200 $9,200 $o $0 $200 $199,200 Total 52,627,800 51,622,900 5767,200 5276,500 S/15,8110 51,254,818 5173,000 56,83$000 Economic Impacts of Expo Events in the Brazos County Economy The direct spending by visitors to the Expo Complex is not the only benefit to the local econonry. Economic contribution analysis is based on the idea that a dollar spent in a region stimulates additional economic activity, or multiplies as it circulates through the economy. This multiplier C11ect recognizes that the total effect oil output, employment, personal income, and government revenue in the region is greater than the initial dollar spent. A visitor's expenditure at a local restaurant or store contributes not only to that business, but to its suppliers and its suppliers' suppliers (the indirect effect), the incomes of each ol'their employees who then spend their earnings (the induced effect), and tax revenues. Of course, some of the original expenditure leaks out of the regional economy, for example as inventory is imported from other regions, employees commute from other regions, and businesses and households pay state and federal taxes. Multipliers are calculated based on the purchasing patterns of industries and institutions in the regional economy. "1'hc total effects are the sum of direct, indirect and induced for each of the outcomes: employment, labor income, total value added (contribution to gross regional project) and output (gross sales). Only expenditures by visitors are included in the economic impact analysis because their spending represents new money in the county economy. It is assumed that local county residents might have spent their money elsewhere in the county if they had not attended an Expo event, thus, there is no economic impact. Access fees are excluded from the impact analysis because the Ice is often paid to an event sponsor located outside Brazos County, and much of the fee is likely an immediate leakage from the local economy. Vol. �6 Pg. �� Four types of multiplier effects are reported in the impact analyses. The Output or sales rmdtiplier measures the effect of external spending on overall economic activity in the region. 'file output multiplier provides the largest economic impact value and therefore is reported in many studies; however, the output multiplier says nothing about how the event affects the welfare of households or the profitability of businesses. The value-added multiplier is a more appropriate measure of regional welfare. The value-added multiplier measures Expo visitors' contribution to regional gross domestic product (GDP). It is the value added to the regional economy or the return to local resources used in the production of goods and services in Brazos County. 'file labor income rrndtipliec' is part of the value-added multiplier but is often reported alone. The wage and proprietor's income multiplier measures the effect off incl demand spending on the incomes of households in the region and is appropriate for discerning the benefit of an event to a region's residents. The employment multiplier measures the effect of the event on regional employment. Calculation of the employment multiplier assumes that existing employees are fully occupied and does not distinguish between full- time and part-time workers. !Horse Shows Horse shows made up 14 of 164 events at the Expo. Using 2015-2017 average spending, an estimated $3.7 million was spent by out -of -county participants and attendees at the 14 Expo horse shows in FY2017, resulting in an economic impact of $5.3 million in output and 52.6 jobs (Table 6). While fewer horse shows were held in FY2017 than in 2016, the shows were larger and generated more non -local person -days. Thus direct spending and the output impact were up significantly from $1.8 million and $2.4 million, respectively, in 2016 using three-year average spending. Lower spending per person in 2017 resulted in smaller impacts relative to the three-year average (Table 7). Table 6. Economic impact of visitors at all horse shows, FY 2017 (2015-2017 average spending). Value Labor Impact Type Output Added Income Employment Direct Effect $3,672,100 $1,971,600 $1,018,500 39.5 Indirect Effect $862,700 $424,500 $271,800 6.4 Induced Effect $814,100 $454,100 $257,200 6.7 Total Effect $5,348,900 $2,850,200 $1,547,600 52.6 'rabic 7. Economic impact of visitors at all horse shows, FY 2017 (2017 reported spending). Value Labor Impact Type Output Added Income Employment Direct Effect $3,260,900 $1,661,500 $929,500 38.4 Indirect Effect $813,500 $400,000 $256,900 6.1 Induced Effect $748,700 $417,600 $236,500 6.2 Total Effect $4,823,000 $2,479,100 $1,422,900 50.7 Vol. _� _ P9. Livestock Shoros Livestock shows made up 15 events in FY2017. An estimated $874,300 was spent by out -of' county livestock show participants and attendees at those events (using 2015-2017 average spending), resulting in an economic impact of $1.3 million in output and 13.1 jobs (Table 8). Livestock show spending per person -day was down sharply in 2017, resulting in lower spending relatively to the three-year average (Table 9). Table 8. Economic impact of visitors at all livestock shows, FY 2017 (2015-2017 average spending). Value Labor Impact Type Output Added Income Employment Direct Effect $874,300 $421,800 $240,400 10.0 Indirect Effect $207,100 $102,000 $65,200 1.6 Induced Effect $192,800 $107,600 $60,900 1.6 Total Effect $1,274,200 $631,300 $366,500 13.1 Table 9. Economic impact of visitors at all livestock shows, FY 2017 (2017 reported spending). Value Labor ImpactType Output Added Income Employment Direct Effect $684,400 $299,000 $182,200 7.8 Indirect Effect $149,300 $73,700 $46,500 1.1 Induced Effect 5144,300 $80,500 $45,600 1.2 Total Effect $978,000 $453,100 $274,300 10.1 Rodeos and Other Equine Events The expo hosted 22 rodeos, ropings, and barrel races in 2017. An estimated $1.4 million was spent by out -of - county rodeo and other equine event participants and attendees, resulting in an economic impact of $2.0 million in output and 18.3 jobs (Table 10). Rodeos, ropings, and barrel races were heavily surveyed in previous years. To prevent survey fatigue among visitors, which can result in poor responses or biased data, none were surveyed in 2017. Fiscal Year 2016 spending was used in the current -year calculations (Table 11). The average reflects 2015 and 2016 spending. Fiscal year 2014 had above average spending so including it in a three-year average was deemed inappropriate given overall lower spending patterns for 2017 events. Surveys of rodeos and other equine events will resume in FY2018. Slightly higher total impacts in 2017 are function of different spending patterns in 2015 and 2016 and the fact that some sectors have larger multipliers than others. For example, 2016 included higher spending in the lodging category, which has a larger multiplier. Table 10. Economic impact of visitors at all rodeos and other equine events, FY 2017 (2015-2016 average Table 11. Economic impact of visitors at all rodeos and other equine events, FY 2017 (2016 reported spending). Value Labor Impact Type Output Value Labor Employment Impact Type Output Added Income Employment Direct Effect $1,405,700 $665,600 $359,400 14.0 Indirect Effect $273,600 $135,000 $84,500 2.0 Induced Effect $280,000 $156,200 $88,500 2.3 Total Effect $1,959,400 $956,800 $532,500 18.3 Table 11. Economic impact of visitors at all rodeos and other equine events, FY 2017 (2016 reported spending). Value Labor Impact Type Output Added Income Employment Direct Effect $1,391,700 $723,800 $386,800 15.0 Indirect Effect $293,100 $144,800 $90,700 2.1 Induced Effect `5301,100 $167,900 $95,200 2.5 Total Effect $1,986,000 $1,036,600 $572,700 19.6 va. Pg. �S� Miscellaneous Spectator Events The Expo hosted five miscellaneous spectator events in 2017, including a circus, sporting event, and festivals. These events have a profile similar to rodeos so the rodeo spending pattern was used to estimate the impact of these miscellaneous spectator events. Future efforts will focus on surveying spectator events. Spending by nonlocal participants was estimated at 574,100, resulting in an economic impact of $101,700 in output and 1.0 jobs (Table 12). Table 12. Economic impact of visitors at all miscellaneous sporting events, FY 2017 (2015-2016 average spending). Value Labor Impact Type Output Added Income Employment Direct Effect $74,100 $27,000 $18,400 0.8 Indirect Effect $13,500 $6,700 $4,100 0.1 Induced Effect $14,200 $7,900 $4,500 0.1 Total Effect $101,700 $41,600 $27,000 1.0 '['able 13. Economic impact of visitors at all miscellaneous sporting events, FY 2017 (2016 reported spending). Value Labor Impact Type Output Added Income Employment Direct Effect $67,000 $27,000 518,800 0.8 Indirect Effect $13,600 Induced Effect 514,500 Total Effect $95,000 Conferences and Career Fairs $6,700 $4,100 0.1 $8,100 $4,600 0.1 $41,800 $27,600 1.1 Sixteen conferences and career fairs were held in FY2017, up from 10 in 2016. Within this category the number of conferences increased from four in FY2016 to 10 in 2017, and conferences have a higher share of non -local participants. Aggregate spending of SLImillion by nonlocal attendees at those career fairs and conferences was associated with an economic impact of $1.6 million in output and 15.5 jobs (Table 14). 'These figures were up sharply from FY2016 with three-year average spending of $421,400 and an average output impact of $585,700. Spending per person -day by conlcrence and career fair participants (other than access fees, many of which are nonlocal and excluded from the study) was higher in 2017, resulting in higher spending relative to the three year average (Table 15). Table 14. Economic impact ofvisitors at all conferences and career fairs, FY 2017 (2015-2017 average spending). Value Labor Impact Type Output Added Income Employment Direct Effect $1,073,800 $609,100 $301,800 11.5 Indirect Effect $269,700 $132,600 $85,700 2.0 Induced Effect $244,500 $136,400 $77,200 Total Effect $1,588,000 $878,000 $464,700 2.0 15.5 Table 15. Economic impact of visitors at all conferences and career fairs, FY 2017 (2017 reported spending). va. �G pg. /-1�1 Value Labor Impact Type Output Added Income Employment Direct Effect $1,234,900 $630,400 $341,500 13.8 Indirect Effect $310,600 $152,700 $98,600 2.4 Induced Effect $277,800 $154,900 $87,800 2.3 Total Effect $1,823,200 $938,100 $527,900 18.5 va. �G pg. /-1�1 Trade Shows The Expo hosted 14 trade shows in 2017. An estimated $188,000 was spent by out -of -county participants (primarily vendors) at those events, resulting in an economic impact of $270,100 in output and 2.8 jobs (Table 16). No trade shows were surveyed in 2016, so the avcrage inflated spending data for 2014, 2015, and 2017 were used in the three-year average. Spending per person -day was higher in 2017 than in previous years (Table 17). Tablc 16. Economic impact of visitors at all trade shows, EY 2017 (2014, 2015, 2017 average spending). Value Labor Impact Type Output Added Income Employment Direct Effect $188,000 $82,600 $49,300 2.1 Indirect Effect $42,500 $20,900 $13,400 0.3 Induced Effect $39,600 $22,100 $12,500 0.3 Total Effect $270,100 $125,600 $75,200 2.8 9 able 17. Economic impact of visitors at all trade shows, FY 2017 (2017 reported spending). Value Labor Impact Type Output Added Income- Employment Direct Effect $199,200 $100,100 $58,400 2.5 Indirect Effect $55,600 $27,300 $17,700 Induced Effect $48,100 $26,800 $15,200 Total Effect $302,800 $154,200 $91,300 va. e2 G P9. /15�.3 0.4 0.4 3.3 Summary Across the all events studied, nonfocal visitors to the Expo spent an estimated $7.3 million, calculated by average FY 2015-2017 spending. This figure is the direct output effect in Table 18 and excludes access fees paid to entities outside the region. These visitors contributed approximately $10.5 million in total sales, $5.5 million in value added (GDP), $3.0 million in labor income, and 103.3 full and part-time jobs across the county economy. Value added and labor income are subsets of GDP, so these figures cannot be summed. Table 18. Economic impact of Expo visitors extrapolated across Five event types, FY 2017 (2015-2017 average spending, except where noted for rodeos, outdoor events, and trade shows). . Value Labor Impact Type Output Added Income Employment Direct Effect $7,287,900 $3,777,700 $1,987,900 77.9 Indirect Effect $1,669,200 $821,700 $524,700 12.4 Induced Effect $1,585,200 $884,200 $500,900 13.0 Total Effect $10,542,300 $5,483,500 $3,013,500 103.3 When relying solely on 2017 reported spending, overall impact was lower due to mostly lower spending per person -day at events surveyed in 2017 (Table 19). Table 19. Economic impact of Expo visitors extrapolated across event types, FY 2017 (2017 reported spending, except where noted for rodeos and outdoor events). Value Labor Impact Type Output Added Income Fraployment Direct Effect $6,838,000 $3,441,800 $1,917,300 78.3 Indirect Effect $1,635,700 $805,200 $514,500 12.2 Induced Effect $1,534,400 $855,900 $484,800 12.6 Total Effect $10,008,100 $5,103,000 $2,916,600 103.2 The above estimate does not include the contribution of the Brazos Valley Fair or the Expo's sheltering of animals affected by I-lunicanc I-larvcy. Furthermore, it does not reflect the expenditures of people attending private events at the Expo. Nor (toes it reflect the value of expenditures by locals attending Expo events or the value of having a venue where locals can host and attend conununity events. The growth in total economic output attributable to the Expo has been at least 10% annually since 2013, when the first full study was completed. Outputs reported in Table 20 are based on three-year average spending (only two years of data were availabe in 2013). These figures are presented as shown in previous reports and are not further adjusted for inflation. Output growth was 38.2.. in FY2017, fueled in part by an increase in person - days. Overall spending and impacts were also boosted due to higher -spending events making up a larger share of those person -clays. For example, the number of horse show person -clays were up while lower spending livestock show person -days were clown. While 2017 spending was below 2016 levels, the 2014 spending dropped from most averages was much lower, bolstering the the spending figures used in the FY2017 analysis. Fiscal year 2016 enjoyed record spending, resulting in single year impacts of $9.4 million in output and 99.6 jobs. From that baseline, growth was a more modest 11.8%,. Table 20. Reported economic impact of Expo visitors extrapolated across event types, FY 2013 — FY 2017. Impact Output Type Output Employment Growth 2013 $5,132,300 66.5 - 2014 $5,729,900 67.8 11.6% 2015 $6,316,200 67.7 10.2% 2016 $7,630,100 77.9 20.8% 2017 $10.542.300 103.3 38.2'% Vol. pg. /S i Q 2-1-1 Texas, an Arca Information Center of the Texas Health and Human Services Commission and operated regionally by United Way of the Brazos Valley, aims to connect the people of the Brazos Valley with health and human services through information and referral; and �n`l�` Pheree. 2-1-1 'Texas is the nationally abbreviated dialing code for free access to health and human services information and an easy -to -remember, universally recognizable number that makes it possible for people in need to navigate the complex and over- growing maze of human services; and 2-1-1 Texas serves persons all over the great state of Texas and is available i twenty-four hours a day, seven days a week; and i Wint,,!!, )) 1-1-1 Texas can be mobilized in times of disast'r, a central point for disseminating public information, and after the;danger has passed, help victims with recovery assistance and put members of the public who wish.t&donate or volunteer to help in recovery efforts in contact witl�theproper entities; arid.\, 1-1-1 Texas maintains more than'd 240 healtt%and human resources in the Brazos Valley Regional database and directs citiiens,to resources such as.food, shelter, utility assistance, housing\and'rental assistance, clothing, employment opportunities, childcare, health eai•e,� iminunizations,\voting precinct locations, prescription assistance, counseling •and'varibus'dher services; and Q%rirazd. 2-1-11Texas is a--.qmqk, one-stop telephoner source connecting people in the Brazos Valley,Region to a variety of resources, so that they no longer have to wonder "where to call";'and, have answered over 400,000 inquires since vAe111a• �-*employers cantiefer their employees to 2-1-1 Texas for assistance, instead of spending �time.trying to help\employees with questions that 2-1-1 Texas could answer, allowing employees to be.more productive and less likely to spend company time searching for assis nce�n,pecsonal matters; and --!'exasis the Emergency Information and Referral Line listed in the Brazos County Interjurisdictional Emergency Management Plan, providing support to the Brazos Valley during natural disasters or emergency situations, and helping to support 1-1-1 Texas here in the Brazos Valley will allow others throughout the nation to know about the 2-1-1 Texas services and bring 2-1-1 Texas to the remainder of our nation's aid in times of need. .azo =-34m: I, Andrew Nelson, as Mayor of the City of Bryan, and 1, Karl P. Mooney, as Mayor of the City of College Station, and 1, Duane Peters, as County Judge of Brazos County, do hereby proclaim February 11, 2018 as: CITY OF BRYAN Andrew Nelson, Mayor "2-1-1 DA Y" CITY OF COLLEGE STATIO B OS C LINTY Karl P. Mooney, Mayor uan a s, County Judge T le 5 ORDER RELOCATING VOTE CENTER 10 BRAZOS COUNTY ADMINISTRATIVE BUILDING WHEREAS, there exists at the present time a certain vote center which can not be used for the purpose of conducting elections; and WHEREAS, Vote Center 10 was currently located in the Brazos County Administrative Building located at 200 South Texas Avenue, Bryan, Texas; and WHERESA, the Brazos County has a new Elections Administration facility; and WHEREAS, for the convenience of the voters it is recommended that Brazos County Administration Building Early Voting location be moved to the Brazos County Elections Administration Ruth McLeod Training Room located at 300 E. William J. Bryan Parkway, Suite 100, Bryan, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the vote center be relocated in Brazos County to wit: and THAT the Vote Center 10 be located in the Brazos County Elections Administration Ruth McLeod Training Room located at 300 E. William J. Bryan Parkway, Suite 100, Bryan, Texas aar� ADOPTED this _LOday v NAYS. ATTEST: aren McQueen, County Clerk of January, 2018 by a vote of AYES and Duane Peters, County udge FV N - � 7 �r9 ORDER RELOCATING VOTE CENTER ZQ ALDERSGATE METHODIST CHURCH WHEREAS, there exists at the present time a certain vote center which can not be used for the purpose of conducting elections; and WHEREAS, the Vote Center 20 currently located in the Aldersgate Methodist Church located at 2201 Earl Rudder Freeway, College Station, Texas; and WHERESA, the Aldersgate Methodist Church is no longer available for use; and WHEREAS, for the convenience of the voters it is recommended that the vote center be moved to the A&M Church of Christ located at 2475 Earl Rudder Freeway, College Station, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the vote center be relocated in Brazos County to wit: and THAT the Vote Center 20 be located in the A&M Church of Christ located at 2475 Earl Rudder Freeway, College Station, Texas. a3rcP ADOPTED this 36 "'day of January, 2018 by a vote of AYES and NAYS. ATTEST: Duane Peters, County Judge aren McQueen, County Clerk F----------- - - V Date: 01/07118 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY ❑Acceptance of Donated!Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) MX Acceptance of Donated Inmate Property (Requires signed inmate documentation— NO VALUE ASSESSED) Item Description: Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNN1N #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: Clothing, Jewetery, Electronics and other Misc Items left by Inmates leaving the Brazos County Detention Center. Estimated Value: Check the appropriate account based on estimated value of property being accepted: ❑ 61235000(Donation -Other)• ❑ 60010000(No Asset Tag- Under$500) ❑ 6701oD00(MinorProperty -$500-$4999) ❑ 80010000 (Capital Property -Over $5000) 'Donation • Other to be used for funds donated to Check box for Capital Asset (value/initial cost is over $5000) property being donated to: Goverment Entity: Brazos County Sheriffs Office Organization Name Other (Due to Statuatory requirements prior approval Brazos County Sherlfrs Office is required by Purchasing: Organization Name use ofa non -county expenditure. 1 certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos County Sheriffs Office )� . Department Name///� Authorized Signature Organization Receiving Donated Property: _� tiWliV Authorized Signature Approved by ComintlEthmarkColirt on this � day ofl )a n 11 /1TO Commissioners Court Approval Vol. pg. /J1, A a Z Z rn 0 0 ro A BRAZOS COUNTY DETENTION CENTER o INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL IDH: 278215 SOH: 120113 This is to advise you, MARKER, JAKE NEAL, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick It up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Ione wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 7_ C 2) D&jt, 3)-Zoca -,X.i<a- re�,( If -Vel, Signature of InmateLl- 'I.-, Signature of Jailer: , (� Property disposed by: Person designated to pick up property: Name: Address: Telephone: 6)9t- L z.0 eA t 1 L,3<< ee✓h 7) 2 r,&i �2CE 8) Qh, t. 9) N u- n Le h Date: 7' /'f / Time: -Dye,) Date: q 113- Time ti3ate Date: Time: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Porn: IM fAmate Property Disposition Vol. Pg. l_ (�RAZOS COUNTY DETENTION CENTER{ INMATE PROPERTY DISPOSITION FORM Y Date Inmate Left Facility I 1-01-tol'l JAIL ID#: 282123 SO#: 117762; 117762;117762 This is to advise you, CALDWELL, COREY DELAIN, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not he released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Ione wait times schedule the nickuo (24 hours in advance). 1) Grab Panes Signature LIST OF PROPERTY Date: Signature offJ r Date:_ Time: 02.0 Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: P(y�a4-e Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: _ (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition - -- •--- - CO) rl d 7 7 A SL 0 N W N O J V BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 287426 SON -114134 This is to advise you, DAVIS, DUSTY SANCHEZ, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one hos picked up your property after the expiration of one week (five working days), any and all property will be donate to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TY 77803. To avoid long wait times schedule the nickua (24 hours in advance) LIST OF PROPERT 6) ! U&1wee 7. 7) Sgt12 1 8) IS4-L-4W �- 9) - I lo) c t of Inmate: Date of Jailer. Date:i4 disposed by: Date: to pick fi d ,YL6 rime: lime: Time: of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 11114Inn ate Property Dispmiaon Vol. �` C Pg �� / BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK W. JAMES. STEWART, CHIEF DEPUTY WAYNE DICKY, JAIL ADMINISTRATOR HC 1700 Highway 21 West BRYAN, TEXAS 77803-1300 To: .�� Date: 05/15/2017 Name. of Family/Contact Person HALL, CURTIS JAMES Address 787 Pu „ 4 _ Inmate Name: Jail 113#267619 Date Abandon 7 7603 This is to advise you that HALL, CURTIS JAMES has been sentenced to the Texas Department of Criminal Justice: You have been named by the innate as the party designated to take possession of his/ her property. You will need a picture ID at the time the property is released. Personal property must be picked up within 30 days from the date of this letter. The property will be considered abandoned and become the property of the Brazos County Sheriffs Office on the 31" day. The property will be donated or disposed of to the person(s) and/or organization(s) of choice by the order of the Sheriff of Brazos County; Texas. You may pick up the personal property Monday — Friday, 8:00am to 5:00pm at the Bond/Release Lobby located n ar Parking t B, 1835 Sandy Point Road Bryan, Texas. For any questions please call 979-3614800. Inmate Signa ure Person Receiving Property vol. _pZ pga _ �� -�- U BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY ' DONATION OF COUNTY PROPERTY Date: 1/17/2018 ❑X Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: Jason's Deli Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN 9: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: $30 gift certificate Estimated Value: $ 30.00 Check the appropriate account based on estimated value of property being accepted: 7 61235000 (Donation -Other)* ❑ 60010000 (No Asset Tag - Under $500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name to he rued fnr fundc dnnated to Rrazns Cnuntv for use ofa non -county exnenditure I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Health & Wellness Clinic Department Name Organization Receiving Donated Property: �VV// 1� Authoriu� Signature An L �2Q141� AutImHzed.S.Ignature C[N d anN r� by Co Issioners n this625 ay of tet//v i Vol. � Pg, 4_3 FISCAL YEAR 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT APPLICATION 1. APPLICANT NAME (Jurisdiction): Brazos County 2. COUNTY: Brazos 1 3. DISASTER DISTRICT: 13 4. EMPG STATUS: 0 Current EMPG Program participant ❑ New EMPG Program applicant 5. PROGRAM PARTICIPANTS: (List alljurisdictionsthatareparticipants inyour emergency management program. Identify any jurisdictions that have joined or withdrawn from yourprogram in the last year) Brazos County, City of Bryan, City of College Station, City of Kurten, City of Wixcn Valley, and Texas A&M University 6. CHECKLIST OF APPLICATION ATTACHMENTS: (Seethe FY 2018 Emergency Management Performance Grant (EMPG) Guide for information on completing these forms.) 0 Designation of Grant Officials (TDEM-17B) Statement of Work & Cumulative Progress Report (TDEM-17A) -This form shall be signed by the EMC ❑Q EMPG Staffing Pattern (TDEM-66) - The Authorized Official shall sign this form ❑/ Application for Federal Assistance (TDEM-67) -The Authorized Official shall sign this form OEMPG Staff Job Description (TDEM-68) - A currentjob description is required foreach staff memberlisted in the FY 2018 EMPG Staffing Pattern (TDEM-66) 0 FEMA Form 20-16 Summary Sheet for Assurances & Certifications - Shall be signed by an Authorized Official Attached: ❑1 FEMA Form 20-16A, Assurances — Non -Construction Programs 0 FEMA Form 20-16C, Certifications Regarding Lobbying, Debarment, Suspension, & Other Responsibility Matters; and Drug -Free Workplace Requirements Q FEMA Form SF LLL, Disclosure of Lobbying Activities - Signed by the Authorized Official required only if the applicant performs lobbying to influence federal actions ❑✓ Direct Deposit Authorization (form 74-146) or Application for Payee ID Number (form AP -152) - The Grant Financial Officer shall sign this form ❑.' Travel Policy certification (TDEM-69) - The Grant Financial Officer shall sign this form 7. CERTIFICATION: This Application, together with the approved EMPG Statement of Work & Cumulafive Progress Report (TDT,con fits s the nnual work plan far the emergency management program whose participants are listed above. The and agree to ex 'r best etfons to accomplish all activities listed in the Statement of Work 8 Cumulative Progress Repved by the Tex ivision of Eme ency Managem n a g ooy Authorized Official Date E ergency Management Coordinator ate (Original Signature) (Original Signature) Duane Peters Michele Meade Printed Name Printed Name: TDEM-17 10117 Page 1 of 1 Completed forms and application materials can he Email address: sent by email or mail to: TDEM.EMPG@dps.texas.gov Physical Address: Texas Department of Public Safety Division of Emergency Management Emergency Management Support 5805 N Lamar Blvd. Austin, TX 78752 FVol. Z G Pp, 14(- L FISCAL YEAR 2018 EMPG STATEMENT OF WORK 8r CUMULATIVE PROGRESS REPORT Applicant Name (Jurisdiction): (Brazos County Jurisdiction DUN/SAM # 052960341 Congressional District # 17 Jurisdiction Population 220,417 SAM Status Active 2017 census data available at: Please use the US Census Bureau website KEY DOCUMENT SUBMISSIONS AND APPROVALS Document Submitter Date TDEM Reviewer Date Statement of Work Michele Bailey -Meade ❑ Progress Report#2 is being submitted to the TDEM EMS ry �g ❑ Second & Third Quarter Financial Reports have been submitted to TDEM EMS Progress Report #1 ❑ City Ordinance(s) for. ❑ Updated Joint Resolution dated: Progress Report #2 ❑ NIMS Adoption dated: ❑ Legal documents are current & on file with TDEM, no additional action is required TASK 1—WORK PLAN & SEMIANNUAL PROGRESS REPORT Jurisdiction will submit an EMPG Application, two Progress Reports, four Quarterly E Work Plan FEMA Training matrices, and four Quarterly Financial Reports El Progress Report #1 E] Progress Report #1 is being submitted to TDEM EMS ❑ First Financial Report has been submitted to TDEM EMS ❑ Progress Report#2 is being submitted to the TDEM EMS ❑ Progress Report #2 ❑ Second & Third Quarter Financial Reports have been submitted to TDEM EMS ❑ Fourth Quarter Financial Report has been submitted to TDEM EMS TASK 2—LEGAL AUTHORITIES FOR EMERGENCY MANAGEMENT PROGRAM ❑ Jurisdiction will maintain current legal documents establishing emergency management program Mv Legal documents are current & on file with TDEM; no additional action is required. ❑Jurisdiction will prepare & submit to TDEM Preparedness Section: Work Plan ❑ Commissioners Court Order# ❑ City Ordinance(s) for. ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: ❑ Legal documents are current & on file with TDEM, no additional action is required ❑Jurisdiction completed & submitted to TDEM Preparedness Section: ❑ Progress Report #1 F1 Commissioner's Court Order# r October 1 — El City Ordinance(s) for: March ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: ❑ Legal documents are current & on file with TDEM, no additional action is required. ❑ Progress Report #2 ❑Jurisdiction completed & submitted to TDEM Preparedness Section: E] Commissioners Court Order# April l- El City Ordinance(s) for. September 30 ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: Rev. 10/17 TDEM-17E , " Pg �U. 7 TASK 3—PUBLIC EDUCATION/INFORMATION - 0 Option 1: Jurisdiction will conduct 30 hours of hazard awareness activities for local citizens - ❑ Option 2: Jurisdiction will prepare & distribute public education/information ❑� Work Plan materials to a substantialop rtion (50% or mare of your Dooulation) of the community. Please describe the materials to be distributed in the remarks El Work Plan section found on page 6. ❑ Jurisdiction completed the following hazard awareness and/or public educationlinformation activities: ❑Progress Report #1 NOTE. Plans & annexes dated prior to September 30, 2013 must be revised or October 1 — March 31 0 updated this year. All Plans and Annexes must be NIMS Total # citizens informed ❑ No Task 3 progress was made this report period. ❑ Jurisdiction completed the following hazard awareness and/or public ❑ Progress Report #1 education/information activities: ❑Progress Report #2 ❑ Jurisdiction updated by revision or change the following planning documents: April t— September 30 0 ❑ Basic Plan Total# citizens informed ❑ No Task 3 progress was made this report period. TASK 4—EMERGENCY MANAGEMENT PLANNING DOCUMENTS - ❑ Jurisdiction reviewed emergency management plan & annexes for currency and NIMS compliance ❑ Emergency management plan and all annexes are current and NIMS compliant E Jurisdiction will develop, update, or change these planning documents: ❑ Basic Plan El Work Plan Annexes: ❑A ❑B ❑C ❑D ❑E OF ❑G ❑H 01 EJ ❑K ❑L ❑M ❑N ❑O OP ❑Q OR EIS OT ❑U ❑V❑ ❑ Other documents: NOTE. Plans & annexes dated prior to September 30, 2013 must be revised or updated this year. All Plans and Annexes must be NIMS ❑ Jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance ❑ Progress Report #1 ❑ Emergency management plan and all annexes are current and NIMS compliant ❑ Jurisdiction updated by revision or change the following planning documents: October 1 —March 31 ❑ Basic Plan Annexes: ❑A ❑B ❑C ❑D ❑E OF ❑G ❑H 01 ❑J ❑K ❑L ❑M ON ❑O ❑P Co OR ❑S ❑T ❑u ❑V❑ ❑Other documents: ❑ No Task 4 progress was made this report period. ❑ Jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance ❑ Progress Report #2 ❑ Emergency management plan and all annexes are current and NIMS compliant ❑ Jurisdiction updated by revision or change the following planning documents: April 1 — September 30 ❑ Basic Plan Annexes: ❑A ❑B ❑C ❑D ❑E OF ❑G ❑H ❑l ❑J ❑K ❑L ❑M ON ❑0 ❑P [IQ OR ❑S ❑T ❑U OVE] ❑ Other documents: ' ❑ No Task 4 progress was made this report period. Rev. 10117 TDEM-17A (�p�. _ � {o Pg. ,��P"' 2 ' TASK 5—TEP, NOTIFICATION AND INDIVIDUAL EXERCISE PARTICIPATION Training and Exercise Plan Each jurisdiction must develop and submit a multi-year Training and Exercise Plan (TEP), not less than three years,to TDEM EMPG ddps.texas.00v by January 31,2018. Each jurisdiction must submit the Pre -Exercise Notification Form to the TDEM Exercise Unit not less than 45 days prior to a planned exercise event. Work Plan Each jurisdiction must submit an After Action Report (AAR) and Improvement Plan (IP) for a minimum of two (2) discussion -based exercises and one (1) operations -based ❑r TEP exercise. All AARs/IPs all exercise activities to the TDEM Exercise unit not more than 45 days after the conclusion of the exercise. Date Submitted: One real world event is currently allowed per fiscal year. 01/11/2018 NOTE., A Full -Scale exercise must be conducted every three (3) years. "Each EMPG-funded person must complete and submit Individual Exercise Participation forms. All EMPG funded personnel must participate in at least three exercises per year. http'//www.txdps.state.tx.us/dem/ Co uncilsCommitt ees/EMPG/exercise ParticipForm. pdf REQUIRED EXERCISE SCHEDULE Performance Exercise Type Exercise Date & Name Quarter of Year Period List All Discussion Based Fiscal Year 2018 O erational Based (October 1, 2017 - Discussion Based September 30, 2018) Discussion Based Exercise 5 1.EOC Logistics Workshop 2.Animal Shelter Plan wi shelter deployment 3.EOC Planning Section Workshop 4. Annex Update Seminar ❑ 1 ❑+ 2 ❑ 3 ❑ 4 ❑ 1 ❑' 2 ❑ 3 ❑ 4 ❑ 1 [:12 ❑+ 3 ❑ 4 ❑ 1 ❑ 2 _E13 +❑ 4 ❑ 1 ❑ 2 ❑ 3 ❑ 4 Our last Full -Scale exercise was conducted on((date) J.�. s, 2017 Conducted the followingexercises and provided documentation to TDEM: ❑ Progress Report #1 October 1 — March 31 Exercise Type Exercise Name and Date EMPG Funded Exercise 1 Exercise 1 Exercise 2 Exercise 2 ❑ TEP Exercise 3 Exercise 3 ❑ Our jurisdiction completed NO exercise and did not request credit for a real world Date Submitted: event a roved documentation attached Progress Report #2 he following exercises and provided documentation to TDEM: e Exercise Name and Date EMPG Funded r April 1 — September 30 ❑TEPDate Exercise 3 Submitted: ❑Jurisdiction completed NO exercise and did not request credit for a real world event LlExercise a roved documentation attached Rev. 10/17TDEM-17A V01, to (O 3 -_- Pg. TASK 7 -EMERGENCY MANAGEMENT TRAINING FOR OTHER PERSONNEL ❑Work Plan Jurisdiction will conduct or arrange emergency management related training for elected officials, other local officials, 8 support agencies. ❑ Progress Report#1 October 1 — March 31 ❑ No training took place this progress report period. The following formal training courses were taught or contracted: Date Course Title Description of Attendees # Trained Brazos Valley Homeland Security Advisory Council (HSAC), Brazos Wide Area Communications Hurricane System, Brazos County Local Emergency Planning Committee (LEPC), National Conference, Texas Emergency Management Conference, Brazos Valley Health Care Coalition ❑Progress Report #1 Jurisdiction completed the following staff development activities: 1 October- March 31 ❑ No progress this [-]Progress Report #2 April 1 — September 30 ❑ No training took place this progress report period. The following formal training courses were taught or contracted: Date Course Title Description of Attendees # Trained Jurisdiction completed the following staff development activities: April 1 - September 30 ❑ No progress this reporting period TASK 8 -EMERGENCY MANAGEMENT ORGANIZATIONAL DEVELOPMENT Jurisdiction will participate in the following emergency management organizational development activities: QWork Plan Brazos Valley Homeland Security Advisory Council (HSAC), Brazos Wide Area Communications Hurricane System, Brazos County Local Emergency Planning Committee (LEPC), National Conference, Texas Emergency Management Conference, Brazos Valley Health Care Coalition ❑Progress Report #1 Jurisdiction completed the following staff development activities: 1 October- March 31 ❑ No progress this reporting period ❑Progress Report #2 Jurisdiction completed the following staff development activities: April 1 - September 30 ❑ No progress this reporting period va. - Pg. oe„ ani�� TDEM-17 REMARKS (Use an Additional Sheet if Necessary) JURISIDICTION NAME: Brazos County Rev. 10h7 TDEM-17 v�' -2a �� (�� 61_ FISCAL YEAR 2018 DESIGNATION OF EMPG GRANT OFFICIALS APPLICANT NAME (JURISDICTION):Brazos County .-:EMERGENC.Y MANAGEMENT COORPINATOR` ' NAME ❑ Mr. W Ms. Michele Meade Title "If newly appointed, attach form TDEM-147 Official Mailing Address Brazos County Emergency Management 110 N. Main Ste, 100 Bryan,TX 77803-3234 Da)qime Phone Number Brazos County Emergency Management Please Include ZIP +24 110 N. Main Ste, 100 E-mail Address Bryan,TX 77803-3234 Dayflme Phone Number ( 979 ) 821-1011 Alternate Number 979 821-1010 Fax Number ( 979) 393-9922 E-mail Address mmeade brazoscount tx. ov ,..,•POINTrOF,tCONTACT',(RESPONSIBLE FORaAP.P,,LICATION)',,.. NAME ❑ Mr. ❑� Ms. Michele Meade Title Emergency Management Coordinator Official Mailing Address Please Ihclude ZIP +Az Brazos County Emergency Management 110 N. Main Ste, 100 Bryan,TX 77803-3234 Da)qime Phone Number 979 ) 821-1011 Alternate Number (979 821-1010 Fax Number ( 979 ) 393-9922 E-mail Address mmeade@brazoscountytx.gov azGRANT TINA, NCIAL`;OF.FICER-i' CANN0TBEI HESAME'iAS',EMC NAME ❑ Mr. 0 MS. Katie Connor Title Brazos county Auditor Official Mailing Address Brazos County Judge's Office 200 S. Texas Ave., Ste 332 Bryan,TX 77803-3999 Daytime Phone Number Brazos County Auditor's Office ('Ieasetlnclde ZIP + 200 S. Texas Ave., Ste 218 E-mail Address Bryan,TX 77803-3999 Daytime Phone Number 979 361-4359 Fax Number ( 979 ) 361-4188 E-mail Address kconner@brazoscountytx.gov E<a„ ,:<;AUTHORIZED" FFICIAL?MAYOR-;; OUNTY`JUD;GE„CIT,YsMANAGER %” C_ NAME ❑g Mr. ❑ MS. Duane Peters Title County Judge Official Mailing Address ;Please I icludePZIP„+a Brazos County Judge's Office 200 S. Texas Ave., Ste 332 Bryan,TX 77803-3999 Daytime Phone Number ( 979 361-4102 Fax Number ( 979 ) 361-4503 E-mail Address dpeters@brazoscountytx.gov Rev.10/17 TEEM -17 Vol. oL Pg. FISCAL YEAR 2018 EMPG STAFFING PATTERN 1. APPLICANT NAME (as is appears on EMPG application) Brazos County 2. COUNTY Brazos 3. FULL-TIME EMPLOYEES (including those who work all or only a portion of their time in emergency management duties) 4. Gross Annual Salary S. Gross Annual Benefits 6. Grass Salary & Benefits (4+5) 7. % Work in EM Duties S. Salary & Benefits for EM (60) 9. Est EM Travel Costs Name: Michele Bailey -Meade 77,940.00 29,888.00 107,828.00 100% 107,828.00 3,000.00 Position: Emergency Management Coordinator Name: Jason Ware 57,824.00 1 25,415.00 83,239.00 1 100% 83,239.00 3,000.00 Position: Deputy Emergency Management Coordinator Name: Name: 0.00 0.00 Position: Name: Position: Name: 0.00 0.00 0.00 Position: Name: Position: 0.00 0.00 Position: Name: 0.00 0.00 Name: 0.00 Position: Name: 0.00 0.00 Position: 0.00 Position: A. SUBTOTAL• ^'S;!t°;ya 1d^' ° '� ',; ,,�';;;i$,r`% 191,067.00 6,000.00 10. PART-TIME EMPLOYEES - 11. % of Full Time 12. Gross Annual Salary 13. Gross Annual Benefits 14. Gross Salary & Benefits (12+13) 15. % Work in EM Duties 16. Salary & Benefits for EM (14x15) 17. Est EM Travel Costs Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: B.SUBTOTAL: '�,r`'4.' F�>-ur. �r i� ;" ' F _* s ? 0.00 0.00 TOTAL: 18. 191,067.00 19. 6,000.00 CERTIFICATION: I certify that no individual listed o ve ho7s an et ted office. Signature of Authorized Official: Printed name of Authorized Official: Doa Date Signed: TDEM-66 Page 1 of 1 10/16 Vol. �4 pg. / 7� FISCAL YEAR 2018 APPLICATION FOR FEDERAL ASSISTANCE (Instructions on Reverse) Rev. 11117 TDFM-67 vOi. PC,. 2. APPLICANT NAME OF PROGRAM/ ASSISTANCE: 1. CFDA NUMBER: STATUS: EMERGENCY MANAGEMENT New Applicant El PERFORMANCE GRANT (EMPG) 97.042 Renewal 7/ 3. FEDERAL FISCAL YEAR: 4. START DATE: s. END DATE: FY 2018 OCTOBER 1, 2017 SEPTEMBER 30, 2018 APPLICgNT INFORMATION, a. Legal Name of Applicant Organization (as b. Name & Telephone Number(s) of it appears on the EMPG Application Emergency Management Coordinator: (TDEM-17): Brazos County Michele Meade 979-821-1011 c. Mailing Address: d. Physical Address (if different from Mailing Address): 110 N. Main St., Suite 100 110 N. Main St., Suite 100 Bryan, TX 77803 Bryan, TX 77803 Emil ol (er Identification Number/Tax ID# 746000433 - 'hlp�thdsb',,staff�tha EMP.Gr,,ERSQNNEL�,$UMMARY,,(indid e -,'b .,un bd(.,paid-.with1EMPG�fi " d Number EMPG Staff & Percentage of Time Worked in Emergency Management Duties e. of # Staff Percent 9 Staff Percent #Staff Percent i) Full Time: 2 t00% 2) Part Time Total Number of EMPG-Funded Personnel: 2 f. Salary & Benefits from line 18, form TDEM-66) g. Travel Expenses from line 19 form TDEM-66) $6,000.00 h. Other Expenses from section 11 on reverse) $80,440.00 i. Total Expenses (F + G + H) $ 277,507.00 j. Federal Share (I x .50) $ 138,753.50 Note: If you cannot meet the cash match requirement, check the box below and tach a match proposal as specified in Section 2 of the Local Emergency Management e ormance Grant Guide. TDEM must review and approve any exceptions made to the cash match requirement at the time of a lication. ❑ Cash Match Exce tion Re nested that ts-A CER7TI'FIC%T[ON"�k�l�66 lf�........... '-"""a'Wi ttAnest o knowledge ia, true and meots r correct- K. Typed Name of Authorized Official: Duane Peters I. Title of Authorized Official: dge razos unty rn. Original Signature of Authorized Official: n. Date Signed: Rev. 11117 TDFM-67 vOi. PC,. INSTRUCTIONS 1. Except as indicated below, entries are self-explanatory. Item A: Enterthe legal name of your jurisdiction. Your entry should match the Applicant Name used on the EMPG 2. Program Application (TDEM-17). 3 Item E: indicate the number of full-time employees who work specific percentages of time in emergency management duties. example: 1 staff @ 100 percent, 2 staff @ 50 percent. Also indicate the number of part-time employees. include only staff members whose salary and benefits will be supported by EMPG funding. The data in this section should agree with the information included on the EMPG Staffing Pattern (TDEM-66). Item K, L, & M: This form must be signed by the Authorized Official from TDEM 17B. Authorized Officials are County Judges, Mayors, and many City Managers — not Emergency Management Coordinators. Describe the other allowable expenses of your emergency management program that you are requesting be supported by EMPG funding and provide an estimate of the amount of those expenses. These costs must comply with 2 CFR, Part 225, Cost Principles for State. Local, and Indian Tribe Governments (OMB Circular A-87). Salaries and expenses for elected officials are not allowed. Continue on a_ separate sheet if necessary. Transfer the Total Please reference the appropriate Authorized Equipment List (AEL) for expenses listed below. AEL Code Specific Description of Expense (Descriptions must be specific —do not use broad or general categories, such as operating or administrative expenses) Estimated Amount 11RE-00-RFDB Computer Contracts $ 10,000.00 O6CP-04-WADN Radio Maintenance (Skyline Communication radio System) $ 1,800.00 21GN-00-OCEQ Office Supplies $ 275.00 21 GN-00-OCEQ Copiers/Printers $ 250.00 21GN-00-OCEQ Telephone System and Long Distance $ 3,500.00 21GN-00-OCEQ Rental Space for EOC/JIC --$-64,615.00 Total $ 80,440.00 Rev. 11/17 TDEM-6j7V01. �r ld 179. L FY 2018 EMPG STAFF JOB DESCRIPTION Jurisdiction Name Brazos County Staff Member Name Michele Meade Position Title Emergency Management Coordinator Description Prepared_By Brazos County Human Resources Department Date Prepared JOB. DESCRIPTION ❑ current Job Description Attached ❑ See Below A. Provide a general description of the duties performed by this staff member. B. If this staff member performs both emergency management duties and other duties, identify the specific emergency management duties performed. i TDEM-68 metarn a copy or oris aescnpuon Tor Tuture use. 1012017 1 i May be called out at any time to respond to'eme�rgericfts.wihin Brazos County and to other emergencies requiring a regional response: responds to hazardous material spills as requested to.document and monitor cleanup operations and coordinate with state regulatory agencies; identify needed modifications and maintain the irrter-jurisdictional emergency management plan for Brazos County; monitor severe weather situations that could affect Brazos county; perform hazard airalyils and hazard vulnerability studies; identify hazard mitigation projects.and coordinate hazard mitigation activities; write Emergency ManagemEnt related grants and reimbursement program requests; prepare departmental budget: prepare the annual work plan for the Emergency Management department; prepare and present public awareness progra . ms; prepare and con uc Emergency . Management related training: and serve , e a , s liaison between Brazos County and other agencies. ' Essential Duties i May 6e called out at any time to respond to emergencies within Brazos County and to ntheremergenGes regmnng a regional -response; Respond to hazardous material spills ,as requested to monitor cleanup operations and coordinate with state regulatory agencies; Review and update the Inter - jurisdictional emergency management plan and annexes; Develop the annual work plan for the Emergency Management department: Serve on Brazos County Loss Control Committee and Brazos County Local Emergency Planning Committee; Organize and participate in required exercises and drills; Monitorsevere weather systems that could affect Brazos County and coordinates damage assessment as needed; Prepare and submit required reports to the state; Write Emergency Management related grants and reimbursement program requests;.Prepare departmental budget; Serve as liaison between county and responder groups, county and city department heads, and volunteer organizations; Maintain file of Tier it reports as submitted by hazardous materials storage sites and facilities within Brazos County; Make presentations to schools and service clubs and develop public awareness presentations:. Attends training courses and conferences as necessary to further education. and Perform general administrative duties, Including making copies, typing letters and memorandums on the computer, filing correspondence and other reports, delivering and picking up printing projects, fixing documents, preparing mailing labels, and obtaining office Supervision Received_ — --------- ---- Given: Supervises departmental employee(s), Including assigning and reviewing their work and recommending personnel actions. Education Required: 1 Bachelor's degree in Emergency Management, Public Administration, or a related freld, plus two years of emergency management experience; or any equivalent combinatlon otoducation and experience which 1 provides the required knowledge, skills, and abilities. Preferred: . .......... gXpefienCe- ----- - - Required: I -To pe-�o.rm-this j:o,6-s-u-c-cess'fully-, an individual must be able to performeach essential duty. satisfactorily. The requirements listed below are representative of the knowledge, skill, andlof ability required,.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. -- - ------- Preferred: Cetlificates, Licenses, I Registrations Required: VaLd Texas motor vehicle's license. Brazos County Ro&� Job Description Last Updated: 9/5/12 Class Number: 1901 Title: i Emergency Management Coordinator Pay Group: 28 Department: Emergency Management FLSA Status: Exempt Reports To: County Judge Approved Date. 1011112 EEOC Category Professionals May be called out at any time to respond to'eme�rgericfts.wihin Brazos County and to other emergencies requiring a regional response: responds to hazardous material spills as requested to.document and monitor cleanup operations and coordinate with state regulatory agencies; identify needed modifications and maintain the irrter-jurisdictional emergency management plan for Brazos County; monitor severe weather situations that could affect Brazos county; perform hazard airalyils and hazard vulnerability studies; identify hazard mitigation projects.and coordinate hazard mitigation activities; write Emergency ManagemEnt related grants and reimbursement program requests; prepare departmental budget: prepare the annual work plan for the Emergency Management department; prepare and present public awareness progra . ms; prepare and con uc Emergency . Management related training: and serve , e a , s liaison between Brazos County and other agencies. ' Essential Duties i May 6e called out at any time to respond to emergencies within Brazos County and to ntheremergenGes regmnng a regional -response; Respond to hazardous material spills ,as requested to monitor cleanup operations and coordinate with state regulatory agencies; Review and update the Inter - jurisdictional emergency management plan and annexes; Develop the annual work plan for the Emergency Management department: Serve on Brazos County Loss Control Committee and Brazos County Local Emergency Planning Committee; Organize and participate in required exercises and drills; Monitorsevere weather systems that could affect Brazos County and coordinates damage assessment as needed; Prepare and submit required reports to the state; Write Emergency Management related grants and reimbursement program requests;.Prepare departmental budget; Serve as liaison between county and responder groups, county and city department heads, and volunteer organizations; Maintain file of Tier it reports as submitted by hazardous materials storage sites and facilities within Brazos County; Make presentations to schools and service clubs and develop public awareness presentations:. Attends training courses and conferences as necessary to further education. and Perform general administrative duties, Including making copies, typing letters and memorandums on the computer, filing correspondence and other reports, delivering and picking up printing projects, fixing documents, preparing mailing labels, and obtaining office Supervision Received_ — --------- ---- Given: Supervises departmental employee(s), Including assigning and reviewing their work and recommending personnel actions. Education Required: 1 Bachelor's degree in Emergency Management, Public Administration, or a related freld, plus two years of emergency management experience; or any equivalent combinatlon otoducation and experience which 1 provides the required knowledge, skills, and abilities. Preferred: . .......... gXpefienCe- ----- - - Required: I -To pe-�o.rm-this j:o,6-s-u-c-cess'fully-, an individual must be able to performeach essential duty. satisfactorily. The requirements listed below are representative of the knowledge, skill, andlof ability required,.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. -- - ------- Preferred: Cetlificates, Licenses, I Registrations Required: VaLd Texas motor vehicle's license. Physical Demands Typical: ' The physical demands described here are representative of those that must be met by an employee to successfully perform the essential funclions of this job. Reasonable accommodations may be made to enable t individuals with disabilities to perform the essential functions, While performing :the duties of thisjob, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk I and hear. The employee frequently Is required to stand and walk. The employee must occasionally lift and/or i move objects weighing up to 56 pounds; such as emergency management equipment, files, stacks of records, j ? or other similar objects. Specific vision abilities required -by.thisjob include close vision, and ability to adjust focus, l fCnowtedge, Skil'Is, & Abilities _._ a Typical: I supervisory techniques; budgelary.techniques personnel policies and procedures, standard office practices; t and emergency management statutes and procedures. Supervise and motivate employees; establish and i i maintain effective working relationships with county employees, representatives of governmental agencies, and I i the general public; communicate effectively,, both orally and in writing; operate standard word processing and I ; spreadsheet software; operatc;emergency management equipment safely; read, interpret, and develop standard: policies' and procedures; and analyie'and Interpret dada. Work Environment Typical: Tho work environment charactenstids described. here are representative of those an employee encounters 1 while performing the, essential functions of this job. Reasonable accommodations may be made to enable . individualswithdisabilities to perform the essential functions.. The noise level in the work environment is usually { moderate—The employee most frequently work closely with others as pad of a team, perform multiple (asks v simultaneously, and change lasks.. FY 2018 EMPG STAFF JOB DESCRIPTION Jurisdiction Name Brazos County Staff Member Name Jason Ware Position Title Deputy Emergency Management Coordinator Description Prepared By Brazos County Human Resources Department Date Prepared JOB DESCRIPTION ❑■ Current Jab Description Attached ❑ See Below A. Provide a general description of the duties performed by this staff member. B. If this staff member performs both emergency management duties and other duties. identify the specific emergency management duties performed. TDEM-68 Retain a copy of this description for future use. 1012017 Vol . .pg. K p)• u`7;{ Brazos County omptatulvovisront-2ourv2oiY Job Description .Py1;+3 h�•Y.• Last Updated: 9/5/12 0( 0 I Class Number _ 1904 Title Deputy Emergency Management Coordinator Pay Group: 18 Department j Emergency Management FLSA Status Nonexempt Reports To: I Emergency Management Coordinator Approved Date. 1011112 EEOC Category I Professional General Summary: 1 Assists the Emergency Management Coordinator (I emergencies within Braics.County and to other em document response actions, monitor cleanup open i jurisdictional emergency management plan for Bra with Emergency Management related grants and rc assists the EMC with preparation of the department i department: prepares and presents public awarene with, and in the absence o(the'EMC; maintains a d notification system and oversees maintenance and as needed with any or all departmental duties; may be called out at any time to respond to cies requiring a regional response: responds to hazardous material spills as required to and coordinate with state regulator agencies; assists the EMC with maintenance of the inter- ounty; monitors severe weather. situations that could affect Brazos Counly; assists the EMC sement programs and with distribution of gran -funned_ equipment to responder agencies; iget assists the EMC with preparation ofthe annual work plan for Emergency Management )grams; -prepares and conducts Emergency: Management related training: attends meetings ry of available resources; and facilitates updates to the database for the emergency [lion of the emergency notification system. ! Other dutiesmDaytbe assigned Assists the Emergency Management Coordinator (EMC) as needed with any or all depat out at any time to respond to emergencies within Brazos County and to other emergencies requiring a regional respons( material spills as requested to document response actions, monitor cleanup operations and coordinate with slate regulal EMC with maintenance of the.inler-jurisdictional emergency management plan for Brazos County;. Assists the EMC with departmental budget; Assists the EMC with EmergencyManagementrelated grants and reimbursement programs; Facl for the emergency notification system and oversees maintenance and operation of the emergency notification system. N available resources. Attend training courses and conferences on'EM. Assist in planning.aod conducting emergency exec budget spreadsheet to monitor department status. Perform general administrative work, including making copies and fa) required to work overtime or irregular hours if necessary. Other Duties as assigned. (1%) )ental•duties; Maybe called Respond to hazardous 4 y agencies. Assists the . reparation of the I ile updates to the database ntain adirectory of ! ses Devalop and maintain g documents. May be I i I 5upervissron ----- __.. iReceived: I i i Given: This is a non -supervisory position Required: I Bachelors degree in Emergency Management, Public Administration, or a related.field eq or equivalent I I combination of education and experience which provides the required knowledge, skills and abilities. Preferred: i Experience..:.... ""Require To r To perform this job successfully, an individual most be able to perform each essential duty satisfactorily. The �I requirements listed below are representative of the knowledge skill andlor ability required. Reasonable accommodations may be made to enable individuals. with disabilities to perform the essential functions Preferred: `i ReCertificates Licenses 1 r I gistrations ..—. Requited' Valid Texts motor vehicle operators license —__._..-..._. -.----Preferred: ...__ __-_ I_. .. .. _._. Preferred: i i pg. 177 Physical Demands Typical: ! The physical demands here are representative of those that must be mel by an employee to successfully r. perform the essential functions of the job. Reasonable accommodations may be made to enable individuals j with disabilities to perform the essential functions. While performing the duties of Ihis Job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and amu; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 20 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by [his job Include close vision, and ability to adjust focus. Knowledge, Skills Abilities. ' t TyplCal: ;Emergency response actions; personnel policies and procedures; and standard o%ice practices.Establish and I maintain effective working relationships with county employees, representatives of governmental agencies and the general public; communicates effectively,_ both oialty and in writing; operate standard word processing and I spreadsheet softvare' and read and interpret emergency management policies and procedures. --ent ---- -- -- - ( WorkEnwronm; Typical: i The ,work environment characteristics :described here are representative of those an employee encounters while performing the essential functions of this job._ Reesonable:accommodations may be made to enable ;) individuals with disabilitles io perform the essential functions. Thenolse level in the work environment is usually r moderate. The employee must -frequently perform multiple tasks simultaneously, change tasks, perform ; t i tedious exactirtg'work; and work closely with others as part of a team. 2018 TRAVEL POLICY CERTIFICATION Jurisdiction Name: Brazos County Check one of the two blocks below ❑ This jurisdiction has no qualifying travel regulations. EMPG participants requesting reimbursement for travel expenditures will do so in accordance with State of Texas travel regulations and reimbursement rates as published by the Texas Comptroller of Public Accounts. State travel regulations are available at https:Ilfmx.cpa.state.tx.us/fmx/travel/textravel index.php x❑ This jurisdiction has its own qualifying travel policy, a copy of which is attached. EMPG participants requesting reimbursement for travel expenditures will do so in accordance with that policy. Name of Grant Financial Officer Katie Conner Printed orTyped) Original Signature of Grant Financial Officer Date Signed BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES POLICY AND PROCEDURES FOR COUNTY TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES. THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON THIS THE 8TH DAY OF JUNE, 1995 TAKES THE PLACE OF ANY PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE 6T1 DAY OF JUNE,1995. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON FEBRUARY 17,1998. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON AUGUST 1st, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 5th, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON FEBRUARY 11th, 2003. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 20TH, 2005. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON JANUARY 31, 2006. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 11, 2007. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON April 1, 2008 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 28, 2010 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON June 28, 2011 revising the County Mileage Reimbursement Rate to 55.5 cents/mile. THE POLICY WAS OFFICIALLY AMENDED I N 1 Vol. �Z�'- 4' pg. / 42 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES December 4, 2012 revising the County Mileage Reimbursement Rate to 56.5 cents/mile effective 1/1/2013. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSION'ER'S COURT ON December 24, 2013, revising the County Mileage Reimbursement Rate to 56.0 cents per mile effective 1/1/2014. THIS POLICY WAS OFFICIALLY AtMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 30, 2014, revising the nightly lodging rate from $85.00 plus tax per night to the rates set by the State of Texas plus applicable taxes for travel after September 30, 2014. THIS POLICY WAS OF171CIALLY AMENDED BY COINI ISSIONER'S COURT ON DECEMBER 30, 2014, revising the County Mileage Reimbursement Rate to 57.5 cents per mile effective for travel occurring on or after 1/1/2015. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT' ON DECEMBER 29, 2015, revising the County Mileage Reimbursement Rate to 54.0 cents per mile effective for travel occurring on or after 1/1/2016. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 14, 2016, revising the County Mileage Reimbursement Rate to 53.5 cents per mile effective for travel occurring on or after 1/1/2017. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 28, 2017, revising the County Mileage Reimbursement Rate to 54.5 cents per mile effective for travel occurring on or after 1/1/2017. This policy and related procedures replaces all previous policies and procedures. It explains Brazos County's policy relevant to the authorization of travel and the reimbursement of expenses incurred incidental to travel. Section 152.011 of the Texas Local Government Code gives the Commissioners' Court the authority to set travel expense and other allowances for all CoLmty officials and employees. This policy is to be viewed as an "accountable plan", and therefore satisfies the reporting and documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. § 162 and §274 and Treasury Regulations 1.62.1 to 1.62.6). A. GENERAL DEFINITIONS Accountable Plan - a plan under which an employee is reimbursed for expenses or receives an allowance to cover expenses. The following four conditions must be satisfied: a. There must be a County business purpose for the expenses, b. The employee must clearly state and properly support that there was a business purpose for the expense, C. The employee must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses, and, d. The employee is required to return (i.e. with advances) to the County any amounts received in excess of documented expenses. 2 E � � G Pg. / �✓� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. Auditor - the County Auditor and/or his designated staff. 4. Authorization a recognized approval level that requests the County Treasurer to encumber funds for approved travel purposes. An approval level is the signature of the elected official, department head or employee authorized to approve claims for the department. This authority is established by completing a computer user access form designating the employee to be on a departmental approval group in the Finance Plus financial system with the County Auditor's office. Official County Business - a business function in which County employee(s) are participating, and which is recognized by the Commissioners' Court as being official business of Brazos County. 6. Duty Point - the primary place of employment, i.e. courthouse, road and bridge, tax office, etc. Traveling County Employee - an elected official, a department head, or a person employed in the direct service of an elected official or department head who is traveling on official County business. 8. In -County Travel - travel that takes place within the confines of the legal boundaries of Brazos County, and where the primary end destination of the travel is within these same boundaries. 9. Out -of -county Travel - any travel that has a primary end destination outside the established legal boundaries of Brazos County. 10. Out-of-state Travel - any travel that is undertaken which has a primary end destination outside the established legal boundaries of the State of Texas. 11. Educational Travel - out -of -County travel that is undertaken by County employees for approved education seminars, conferences and meetings. 12. Law Enforcement Travel - travel expenses incurred by County law enforcement personnel for the explicit purpose of transporting prisoners and/or probationers, collection of evidence, and other travel directly attributable to official County business. 13. Travel Expenses - transportation (airline fares, personal auto, public transportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling on official County business. 14. Travel Expense Forms - all forms so designated by the Auditor's office to be used to report actual and estimated travel expenses for official County business. These forms are to be submitted to the Auditor's office for reimbursement and/or documentation for advances with regards to travel expenses. 3 Vol. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES 15. Direct Billing - a pre -arranged billing, established for a County employee with a lodging facility at which they plan to stay when away from their place of employment overnight on County business. Direct Billing is arranged by the Auditor's office with the intent being the reduction of the employee's financial responsibility for costs associated with travel on Cormty business. 16. Incidental Expense - a necessary and reasonable expense incurred by a County employee while traveling on official County business. This does not include transportation, meals, lodging, tips, gratuities, alcoholic beverages, laundry or in -room video rental. 17. Mileage - the distance from a duty point to a destination. As noted in the following procedure, the County will reimburse mileage based on an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com. 18. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal automobile while on County business. 19. Meal Expense — limited to $36.00 a day for meals, if an employee is away from their duty station overnight. 20. Host Hotel — "preferred room rates" negotiated by a sponsor for participants of a conference, seminar or continuing education training, at or near the program site. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES B. GENERAL POLICY STATEMENT All reasonable and necessary travel by County employees for which a departmental budget has been established, and for which the department has finds remaining in the budget, and for which the travel is required in order for the employee to conduct County business is authorized. County officials and department heads are expected to plan out -of -County travel for themselves and their employees to achieve maximum economy and efficiency. All County reimbursed travel must be for official County business only. It is the responsibility of the County official and/or department head to see that all Out -of -County travel expense forms are properly completed, documented, signed and forwarded to the County Auditor's office within fourteen (14) calendar days of the travel return date. In -County mileage reimbursements may be submitted on a monthly basis. Upon submission of the travel reimbursement form amounts that are $10.00 or less will automatically be deducted from the employee's next payroll after the forms submission. Amounts greater than $10.00, it is the employee's responsibility to pay back to the County Treasurer's office or notify the Auditor's office authorizing a payroll deduction for these amounts with the submission of the travel reimbursement form. C. IN -COUNTY TRAVEL In the process of conducting County business, employees maybe required to travel to locations within the County, but away from their normal duty station. If the employee incurs expenses incidental to such travel, the employee is required to obtain authorization from the department head for such expenses. If the anticipated expenditure will be in excess of $25.00, the department head may request a travel advance using the Travel Advance Form and secure the Commissioners' Court approval before any expense is incurred. Employees are expected to report the shortest distance between destinations for all travel. The County will not reimburse for personal mileage or for travel between an employee's residence and their duty point. The County will not reimburse for meals unless employee is away from their duty station overnight. The employee traveling on official County business within the County should fust determine from the department head if a County vehicle is available to conduct such business. All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County Auditor's office of completed reimbursement request forms. Procedure: For In -County travel, Mileage Reimbursement Requisition should be used. This form is to be turned in by the employee to the department head at least once a month for previous travel. Department beads should then prepare a request for reimbursement and forward the completed request and attached documentation to the County Auditor's office. ivEleage will be reimbursed based on the actual mileage traveled at the prevailing rate established by the Commissioners' Court. The County will not reimburse employees for meals or lodging expense incurred In -County Vol. Pg. ��� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES D. OUT -OF -COUNTY TRAVEL Out -of -County travel by Cotmty employees is permissible provided that it is authorized in advance by the department head and does not exceed departmental budgetary allowance for such travel. It is the department head's responsibility. to ensure that each request has adequate documentation attached to support the stated time, place, and business purpose of the travel expense (see "Accountable Plad' requirements, Page 1). The County will reimburse for County employee meals only while the employee is out of the County on County business and away from their duty station overnight. If the travel expense is anticipated to exceed $25.00 a travel advance may be requested.- Procedure: equested-Procedure: All Out -of -County reimbursement requests are to be made on Travel Reimbursement Requisition. Requests for meat reimbursement are to be as follows Meals will be reimbursed at the amounts listed, taxes included: Breakfast $ 8.00 Lunch $ 10.00 Dinner $ 18.00 2. No receipts will be required. 3. The County will not reimburse an employee for more than $36.00 per day for meals. Meal reimbursement will not be provided to an employee unless the employee is away overnight. 4. The County will not reimburse for meals provided by the conference or seminar. It is expected that the conference or seminar registration fees include any meals provided and that the employee will avail themselves of these meals. Additionally, a "continental breakfast" is not considered a meal for reimbursement purposes. The County will reimburse County employees for mileage, if a personal vehicle is used, while the employee is Out -of -County on County business. Mileage reimbursement will be made based on the duty station address to specific destination address as documented by using an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com, at the existing reimbursement rate set by Commissioners' Court. 6Vol. l �% Pg. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Requests for mileage reimbursements can be made in one of two ways: Where mileage request is simply for a round trip the employee need only enter the dollar value on the Form. This is arrived at by multiplying the documented mileage by 2 and then multiplying this product by the reimbursement rate that has been established by Commissioners' Court. It is requested that the employee use an internet mapping service with specific addresses including number, street and zip code such mapquest.com and that the mileage documentation be submitted with the Mileage Reimbursement Requisition or Travel Reimbursement Requisition. 2. Where mileage is requested for the use of a personal automobile while on County business and the request is for mileage other than the round trip from duty point to destination, then the employee should use Mileage Reimbursement Requisition to establish the additional miles and business purpose. The County will not reimburse for mileage incurred at the destination city in pursuit of food or personal errands. Additional miles incurred at the destination city for County business should be documented using addresses at either, www.mapquest.com, www.googlemaps.com or www.yahoomaps.com. These totals should then be transferred to the Travel Reimbursement Requisition. The County will reimburse the traveling County employee for the actual cost of lodging expenses incurred, not to exceed the rate used by the State of Texas for the location, excluding taxes, while traveling on official County business. The travel needs to be approved by the department head, and the cost must not exceed the remaining departmental budget. Receipts are required for the reimbursement of lodging expenses. Please see Section G, this policy, for more information on reimbursement of lodging expenses. E. OUT-OF-STATE TRAVEL The County will reimburse employees for out-of-state travel using the GSA approved lodging and meal rates. The rates can be found by searching the city or zip code on http://www.gsa.gov/portal/category/100120. If the employee elects to use a personal automobile for such travel, the County reimbursement will not exceed the lesser alternative: either the mileage (round trip at the prevailing rate per mile) or the round trip airfare from Easterwood Airport to the destination (a commercial airline quote is required). It is noted that when the distance is greater than 350 miles, and when the air fare ticket can be purchased 21 days in advance, it is usually cheaper to fly than drive. Any employee traveling on County business who does not wish to fly, and whose destination is out of state may place a request before the Commissioners' Court requesting authorization to drive and to be reimbursed for the actual travel expense. The request would need to be in writing, placed before the Commissioners' Court 10 days prior to departure, and would need to include the reason for the request and a comparison of the costs. Commissioners' Courthas the authority to accept and/or reject each request based on merit as presented. Procedure: Any out-of-state travel request must be presented to the department head. All requests for reimbursement are to be made on Travel Reimbursement Requisition. If a Travel Advance is needed, it should be requested at the same time. 7 vol. _oZ�� p9 /�� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES F. TRAVEL ADVANCES Employees that anticipate being away from their duty station on County business and Out -of -County for more than three (3) days, or when travel expenses are anticipated to be more than $25.00, may request a travel advance. The employee would be required to fill out Travel Advance Requisition. The form should be submitted to the department head for approval and forwarded to the County Auditor's office for processing. All requests for advance must be filed with the Auditor's office ten days prior to the departure date so that proper approval from the Commissioners' Court can be secured. The request should not exceed the estimated expenses. All meal advances will be based on $36.00 per day and a maximum of the amount allowed for the location set by the State of Texas (Domestic Maximum Per Diem Rates) plus taxes will be advanced for each day of lodging that the employee anticipates. All employees are encouraged to arrange for direct billing and to arrange for quotations for air transportation when required. Procedure: Once the employee has returned to their normal duty station, the employee has fourteen (14) days to submit documentation to the County Auditor's office on a Travel Reimbursement Requisition to account for the use of the travel advance funds. The employee should attach a copy of Travel Advance Requisition to their request to document the advance received. If the employee has received Rinds in excess of their need the balance should be remitted to the County Treasurer's office, and a copy of all receipt(s) attached to Travel Reimbursement Requisition. After the 14 day period travel advances that have had documentation submitted will be deducted from the employee's paycheck as agreed in the travel advance requisition. All disbursement of funds and collection of finds with regards to travel advances will be handled through the County Treasurer's office. The department head has oversight responsibility for all disbursements related to travel advances. G. LODGING The County will be responsible for a maximum of the amount allowed for the destination set by the State of Texas (Domestic Maximmn Per Diem Rates) plus tax per day, for lodging expenses incurred by a County employee while traveling on official County business either out of county or out of state. The County prefers to arrange for hotel accommodations to be billed directly to the County. Department heads are encouraged to plan as far in advance as possible, and to arrange for direct billing. The County will only be responsible for the amount allowed for the destination set by the State of Texas. If the room charge is greater than allowed, the employee should be prepared to be responsible for the difference. The State of Texas follows the U.S. General Services Administration per diem rates by location. Rates are set by fiscal year, effective October 1 each year. The rates can be found by searching by city or zip code at this website: http://www.gsa.f4ov/portal/categoLy/100120. The decision to pay the lodging fee for the night before a conference or meeting is at the discretion of the department head. This decision is based on the location of the meeting site and beginning or ending time of the program. Likewise, the decision to pay the lodging fee for the last day of a conference or meeting is at the discretion of the department head. It is the employee's responsibility to -make sure this issue is covered prior to the meeting taking place and prior to the request being placed before the Commissioners' Court. $ Vol. Pg. %L— BRAZOS COUNTY, TEXAS TRAVEL. POLICY AND PROCEDURES Host Hotel In many instances a county employee will attend a seminar, conference or continuing education program where the sponsor of the program has negotiated preferred room rates at (or near) the site where the program is to be held. In many instances the preferred room rate is referred to as the "host hotel." In some instances the program sponsor has secured such preferred rates at several locations. The county would prefer that county employees attending such programs stay at the "host hotel." And, therefore, if the room rate is greater than the rate allowed under Section G — Lodging of this policy, the county will reimburse the employee for the full amount of the room plus tax. The employee is required to provide adequate documentation that the program negotiated a preferred rate with the "host hotel." An example of adequate documentation would include a seminar brochure or registration information provided by. the program sponsor that lists the preferred hotels. In the event an employee is able to secure a room for an amount less than the host hotel rate when a host hotel is available without incurring additional parking, car rental or mileage expenses the employee will be reimbursed at the actual room rate. Many times the county employee attending a sponsored program does not plan to attend the program in a timely manner and all "reserved program rooms" will have been taken. Alternative sites will not be considered as "host hotels" unless specifically designated as such by the program sponsor. Out -Of -State When a county employee requests out-of-state travel for a sponsored seminar, conference or continuing education program, and there is not a designated "host hotel", it is the employee's responsibility to register in a timely manner to allow the opportunity to stay at the hotel or conference center where the program is being held. When the employee makes a request for out-of-state travel, the request should clearly state the anticipated room cost, and request formal approval for reimbursement. Relatives and Friends Frequently county employees while traveling on county business and away from their duty station overnight will stay with friends and/or relatives. As a result their application for reimbursement will appear as if they were not away from home overnight. When such an event happens, the employee should attach a notice to their reimbursement request to allow the county auditor's office to confirm the over night stay. Restrictions on County reimbursable lodging expenses: 1. The County WILL reimburse for: . Daily Room Charges as allowed by the rates adopted by the State of Texas for the destination plus tax. Properly Documented Business Telephone Calls Facility Parking Charges — Self parking only" Taxi Fares (no documentation required) Alternate means of travel (i.e. bus, trainf 9 va. G G Pg. / 9� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Internet service used for conducting County business Tolls for toll road travel — receipts required Valet parking for handicapped employees with a valid handicap placard from the Tax Office. 2. The County will NOT reimburse for: Snacks Charged To The Room Room Service (No gratuity, no room service charge) Personal Expenses (i.e.: Valet, Dry Cleaning, Laundry, etc.) Tips and/or Gratuity Alcoholic Beverage Charges Video Rental (i.e.: In -Room Movies, etc.) Personal Phone Calls Hotel Club Charges Recreational Facility Charges *The County will reimburse for self parking at any rate with receipts. Valet parking will be reimbursed if it is the only parking available and is documented as such by the hotel. In the event self parking and valet parking are available and the employee chooses to use valet parking the County will only reimburse up to the rate equal to the self parking rate. Employees who incur lodging charges defined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facility by the employee at check out. If any of these charges billed incorrectly directly to the County by a lodging facility, the employee will be responsible for remitting reimbursement to the County Treasurer. Procedure: The employee will be required to obtain an original lodging statement from the establishment where the employee stayed. This statement should be attached to the Out -Of -County Travel Reimbursement Request. No exceptions will be allowed. H. AIR FARE and CAR RENTALS All County employees are required to travel by the least expensive mode of travel. The employee should evaluate whether travel by airplane to the destination point is cheaper than traveling by other means. The County will only reimburse for the least expensive mode of travel, unless the employee's supervisor can show good cause for using another mode. When the final destination is over 350 miles then air travel should be considered. Car Rentals should only be utilized when required for the employee to fully carry out their official business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The County will not reimburse for expenses incurred for personal reasons. The County would prefer that the employee not enter into a rental arrangement unless it is necessary and required for the completion of the business purpose. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars) and necessary gasoline for the rental with receipts. The County will not reimburse for mileage on a rental car. 1 F. 6 p9, /9/ BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES I. CONFERENCES SEMINARS and CONTINUING EDUCATION The County prefers to pay in advance for conferences, seminars and registrations for continuing education. By so doing, the financial responsibility placed on the employee is reduced and proper and timely assistance can be given to the employee with regards to reservations, travel advances, and completion of reimbursement forms. The County requires that requests for registration fees be accompanied by a conference program, seminar program, or continuing education program that indicates the cost, location and payee's address. The County requires that the employee's supervisor approve the request. The supervisor must indicate that the employee's attendance will enhance the employee's ability to perform in their assigned job function. Each elected official or department head is required to budget for registration at conferences, seminars and continuing education annually as needed. If there is no budget allocation for this expenditure the Auditor's office will not approve the expenditure until an official budget amendment or budget adjustment has been approved. All elected officials and department heads are required to budget for State required annual continuing education for all members of their staff where required. When properly bud eted the County will pay for all required continuing education mandated by State statutes for elected officials and appointed department heads. When the registration for a conference or seminar includes payment for meals, it is anticipated that the employee will eat the meal provided. The County will not pay for an additional meal. When the conference or seminar is scheduled out of the County and begins in the morning. The County will reimburse for meals and lodging the night before when the distance to the sight is over 150 miles. When the conference or seminar is out of the County and ends after 4:00 PM the employee will be reimbursed for the evening meal immediately following the end of the conference or seminar if the sight is over 150 miles from the Courthouse. Meals will not be reimbursed to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. LAW ENFORCEMENT TRAVEL The department head prior to the occurrence of any expense must approve all law enforcement travel expenses, whether it is prepaid by the County or reimbursed after the fact. If planning can take place before there is a need for such travel, or if travel is a result of a defined "emergency" the department should try to secure permission from the Commissioners' Court for the use of credit cards in such cases. If credit cards are used then the County Credit Card Policy is to be followed. It is recoe z zed that the need for law enforcement travel may occur on an emergency basis. The County Attorney, Sheriff or the Director of Juvenile Probation is authorized to approve such travel and related expenses in the event of an emergency. The County Attorney, Sheriff or the Director of Juvenile Probation is required to notify the County Judge and the Auditor within 48 hours of the designation of an emergency. If there are no budget funds available, the County Judge's approval will be required before the expenditure can be incurred. ---------- BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES K. MISCELLANEOUS The employee needs to be aware that a credit card receipt is not documentation for an expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the employee's responsibility to secure the documentation at the time of expenditure. In the event that no documentation is secured a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. When an employee elects to have their spouse and/or family travel with them, this must be accurately documented and separation of costs will be required. Lodging expenses must be documented by the hotel/motel as to what a single occupancy rate would have been. This should be done on the face of the receipt. ALL ELECTED OFFICIALS AND DEPARTMENT HEADS ARE TO INSURE THAT ALL EMPLOYEES HAVE READ THIS POLICY AND COMPLY WITH IT. FAILURE TO FOLLOW THE POLICY WILL RESULT IN A DELAY IN THE REIMBURSEMENT PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE DENIED. IF IN DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION. THE COUNTY DOES NOT INTEND FOR EMPLOYEES TO FINANCE COUNTY OPERATIONS. FEDERAL EMERGENCY MANAGEMENT AGENCY - - --O;M:B. No: -3067.0206 - SUMMARY SHEET FOR ASSURANCES AND CERTIFICATIONS Expires February 28, 2007 FOR CA FOR (Name of Applicant) FY 2018 Brazos County Emergency Management This summary sheet includes Assurances and Certifications that must be read, signed, and submitted as a part of the Anolication for Federal Assistance. a applicant must check each item that they are certifying to: Part I M FEMA Form 20-16A, Assurances-Nonconstruction Programs Part II F1 FEMA Form 20-16B, Assurances -Construction Programs Part III ❑X FEMA Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug -Free Workplace Requirements Part IV M SF LLL, Disclosure of Lobbying Activities (If applicable) the duty authorized representative of the applicant, I hereby certify that the applicant will comply with the identified assurances and certifications. Duane Peters County Judge Typed Name of Authorized Representative Title Signature of Authorized Representative Date Signed FE: By signing the certification regarding debarment, suspension, and other responsibility matters for primary covered saction, the applicant agrees that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded r participation in this covered transaction, unless authorized by FEMA entering into this transaction. The applicant further agrees by submitting this application that it will include the clause titled "Certification ;arding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by FEMA Regional Office entering into this covered transaction, without modification, in all lower tier covered transactions in all solicitations for lower tier covered transactions. (Refer to 44 CFR Part 17.) Paperwork Burden Disclosure Notice Public reporting burden for this form is estimated to average 1.7 hours per response. Burden means the time, effort and nancial resources expended by persons to generate, maintain, retain, disclose, or to provide information to us. You may > end comments regarding the burden estimate or any aspect of the form, including suggestions for reducing the burden o: Information Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, -aperwork Reduction Project (3067-0206). You are not required to respond to this collection of information unless a valid )MB control number appears in the upper right corner of this form. Please do not send your completed form to the above"' FEDERAL EMERGENCY MANAGEMENT AGENCY ASSURANCES -NON -CONSTRUCTION PROGRAMS Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and IH of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood'' Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. FEMA Form 20-16A, JUN 94 _ i Vol.Pp 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). FEMA Form 20.16A (BACK) I VCA 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. FEDERAL EMERGENCY MANAGEMENT AGENCY - -- CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18; "New Restrictions on Lobbying; and 28 CFR Part 17, "Government -wide Debarment and suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed . when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. A. As required by section 1352, Title 31 of the U.S. Code, and implemented at 44 CFR Part 18, for persons entering into a grant or cooperative agreement over $100,000, as defined at 44 CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all subrecipients shall certify and disclose accordingly. ❑X Standard Form LLL, "Disclosure of Lobbying Activities" attached. (This form must be attached to certification if nonappropriated funds are to be used to influence activities.) 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by anv Federal deoartmenl or FFMA Fnrm 7n-1aC..IIIN 94 vim. (b) Have not within a three-year period preceding this application been convicted of ar had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public t ransactions (Federal, State, or local) .terminated for cause or default; and 3. Where the applicant is unable to certify to any of the statements in this certification, he or shall shall attached an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR Part 17, Sections 17.615 and 17.620: A. The applicant certifies that it will continue to privide a drug- free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the acl.ions tht will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform empoyees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; .O (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e., regional office or FEMA office. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, Up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (1). 8. the grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, City, County, Stale, Zip code) Check Flif there are workplaces on file that are not identified here. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a Statewide certification. FEMA Form 20-16C (BACK) Vol. -c� Pg. /. DISCLOSURE OF LOBBYING ACTIVITIES Approved by CMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. ReportType: ❑X a. contract ❑X a. bid/offer/application ❑X a. initial filing b, grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Suhawardee, Enter Name Prime ❑X Subawardee and Address of Prime: Tier if known: Brazos County Emergency Management 110 N. Main St, Ste. 100 Bryan, TX 77803 Congressional District, if known: 17 Congressional District, if known: 17 6. Federal Department/Agency: 7. Federal Program NamelDescription: FEMA EMPG CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. IOa) N/A (last name, first name, Ml): N/A 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Signature: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This Print Name: Duane Peters disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be Title: Brazos County Judge available for public inspection. Any person who fails to file the required disclosure shalt be subject to a civil penalty of not less # Telephone No.: 979-361-4102 Date: than $10,000 and not more than $100,000 for each such failure. Federal Use Only, ' x�,"� f �y, wr ��d''_k x +�"� s� ��a Authorized for Local Reproduction _'' r Standard Form LLL (Rev. 7-97) x2" [VO,I. 1 i EMPG Training Completion Certificate I, Michele Meade (EMC) hereby attest that Michele Meade (EMPG funded staff member) has completed the following required PDS and NIMS training courses. I also verify that copies of certificates of completion/transcripts are maintained at Brazos County (jurisdiction name) for audit purposes. EMPG funded staff member: Michele Meade Position: EMC Course Completion Date IS 139 or IS 120a 8/25/2011 IS 230.b 11/28/2003 IS 235.b 8/24/2011 IS 240.a 2/24/2010 IS 241.a 7/1/2011 IS 242.a 12/21/2012 IS 244.a 6/12/2009 IS 100 9/5/2012 IS 200 1/26/2006 IS 700 4/27/2005 IS 800 6/24/2006 cation: l� 1 ii I Z'O\g EMC Signature (original signature) Date Email completed form directly to: Heather. Baxter@dps.texas.g ��� C12 411� Ir/ ^f orn�\o Al U� FEMA Emergency Management Institute - Independent Study Program 16825 South Seton Avenue, Emmitsburg, MD 21727 (301) 447-1200 STUDENT TRANSCRIPT Last Name First Name MI Student ID BAILEY-MEADE MICHELE D Issued: October 20, 2016 IACET Course Code and Title Completed CEUs* IS -00001 Emergency Program Manager An Orientation to the Position 02/04/2007 1.0 IS -00007 A Citizen's Guide to Disaster Assistance 08/12/2004 1.0 IS -00010 Animals in Disaster, Awareness and Preparedness 08/16/1999 1.0 IS-O0010.a Animals in Disaster: Awareness and Preparedness 09/01/2010 0.4 IS -00011 Animals in Disaster, Community Planning 08/16/2000 1.0 IS -00022 Are You Ready? An In-depth Guide to Citizen Preparedness. 09/27/2006 1.0 IS -00027 Orientation to FEMA Logistics 10/10/2013 0.4 IS -00042 Social Media in Emergency Management 08/08/2012 0.3 IS -00056 Hazardous Materials Contingency Planning - 12/16/2014 0.1 IS -00100.b Introduction to Incident Command System ICS -100 09/05/2012 0.3 IS -001001W Introduction to the Incident Command System, ICS -100 02/21/2005 0.3 IS.00100.1,Eb Introduction to the Incident Command System (ICS 100) for Law Enforcement 04/05/2013 0.3 IS-00IG6.12 Workplace Violence Awareness Training 2012 08/17/2012 0.1 IS -00111 Livestock in Disaster 07/20/2009 1.0 IS -00120.a An Introduction to Exercises 12/03/2014 0.5 IS -00139 Exercise Design 08/25/2011 1.5 IS -00200 ICS for Single Resources and Initial Action Incidents, ICS -200 01/26/2006 0.3 IS -00230 Principles of Emergency Management 11/28/2003 1.0 IS -00235.a Emergency Planning 08/24/2011 1.0 IS -00240 Leadership & Influence 02/24/2010 0.9 IS -00241.a Decision Making and Problem Solving 07/01/2011 0.8 IS -00242 Effective Communication 06/11/2009 0.8 IS -00242.a Effective Communication 12/21/2012 0.8 IS -00244 Developing and Managing Volunteers 06/12/2009 1.0 IS -00247.a Integrated Public Alert and Warning System (IPAWS) 05/02/2014 0.2 IS -00248 Integrated Public Alert and Warning System (IPAWS) for the American Public 12/03/2014 0.0 IS -00393.a Introduction to Hazard Mitigation 02/29/2012 1.0 IS -00394.a Protecting Your Home or Small Business from Disaster 02/29/2012 1.0 IS -00700. National Incident Management System (NIMS), An Introduction 04/27/2005 0.3 IS -00700.a National Incident Management System (NIMS) An Introduction 11/30/2012 0.3 Vol. pg. 6/ * One Continuing Education Unit (CEU) is equal to Ica (10) student Tony Russell - contact hours using the guidelines of the American National Superintendent /7 Standards Institute (ANSI) /International Association for Continuing Emergency Management Institute V (�. � Y (( P9 Lr Education and Training (IACET) I-2007 Standard. IACET Course Code and Title Completed CEIJs*' IS -00701 NIMS Multi -Agency Coordination System 02/02/2009 0.5 IS -00702.a NIMS Public Information Systems 09/24/2010 0.3 IS-O0703.a NIMS Resource Management 07/16/2010 0.3 IS -00704 NIMS Communications and Information Management 09/22/2010 0.2 IS -00706 NIMS Intrastate Mutual Aid an Introduction 08/08/2012 0.2 IS -00775 EOC Management and Operations 01/23/2009 0.4 IS -00900 National Response Plan (NRP), an Introduction 06/24/2006 0.3 IS -00900,b National Response Framework, An Introduction 10/13/2009 0.3 IS -00805 Emergency Support Function (ESF) 95 Emergency Management 09/04/2013 0.0 IS -00870 Dams Sector: Crisis Management 09/18/2013 0.2 IS -00906 Basic Workplace Security Awareness 12/02/2015 0.1 IS -00907 Active Shooter: What You Can Do 08/17/2012 0.1 IS -00910.a Emergency Management Preparedness Fundamentals 11/29/2012 0.3 •*r*r*****End of Transcript******* * One Continuing Education Unit (CEU) is equal to Ica (10) student Tony Russell - contact hours using the guidelines of the American National Superintendent /7 Standards Institute (ANSI) /International Association for Continuing Emergency Management Institute V (�. � Y (( P9 Lr Education and Training (IACET) I-2007 Standard. Transcript For: (ficial Texas Division of Emergency Management Training Transcript Classroom Training Courses Texas Division of Emergency Management Texas Department of Public Safety PO Box 4087, Austin, Texas 78773-0220 Transcript Date: iE 44"i`= -: YIYCY �t ky Course NumberF i 'ikk A 4.a4Jy�M1• YJ '4 Vf'X.' Y`�V } 114Y'.li`F'"' i4 Course Date(s)x_ t Course=Ttle/`P,rovitler�(� ;r'ir,F IS -366.a Planning for the Needs of Children in 07/27/2017 - 07/27/2017 Disasters, IS366.a IS -322 Flood Mitigation Basics for Mitigation Staff 04/11/2017 - 04/11/2017 IS -288.a The Role of Voluntary Agencies in Emergency 03/17/2017 - 03/17/2017 Management G-608 Disaster Recovery Workshop 09/27/2016 - 09/27/2016 AWR-330 Incorporating Whole Community Inclusive 03/22/2016 - 03/22/2016 Planning into the Emergency Management Process MGT -315 Critical Asset Risk Management, MGT -315 12/16/2015 - 12/17/2015 IS -906 Basic Workplace Security Awareness, IS -906 12/02/2015 - 12/02/2015 G-318 Local Mitigation Planning Workshop 11/02/2015 - 11/04/2015 AWR-154 Principles of National Incident Mangement 04/08/2015 - 04/08/2015 System (NIMS), Team Building and Risk Communication, AWR-154 AWR-152 Principles of Preparedness for Agroterrorism 04/07/2015 - 04/07/2015 and Food System Disasters, AWR-152 L-146 INDIRECT DELIVERY - Homeland Security 02/10/2015 - 02/11/2015 Exercise and Evaluation Program (HSEEP) Basic Course PER -304 Social Media for Natural Disaster Response 02/03/2015 - 02/03/2015 and Recovery PER -220 Emergency Response to Domestic Biological 01/20/2015 - 01/21/2015 Incidents Printed from the Texas Emergency Management W s t (PreparingTexas.org) Page 1 of 5 Transcript for: Michele,Meade Page 2 of 5 AWR-160 Standardized Awareness Training 12/18/2014 - 12/18/2014 IS -56 Hazardous Materials Contingency Planning 12/16/2014 - 12/16/2014 IS -120.a An Introduction to Exercises 12/03/2014 - 12/03/2014 IS -248 Integrated Public Alert and Warning System (IPAWS) 12/03/2014 - 12/03/2014 IS -247.a Integrated Public Alert and Warning System 05/02/2014 - 05/02/2014 G-310 Hurricane Readiness for Inland Communities 04/14/2014 - 04/14/2014 0-305 Ail -Hazards Incident Management Team Course 01/23/2014 - 01/27/2014 IS -27 Orientation to FEMA Logistics 10/10/2013 - 10/10/2013 IS -870 Dams Sector: Crisis Management 09/18/2013 - 09/18/2013 IS -805 Emergency Support Function (ESF) #5 Emergency Management 09/04/2013 - 09/04/2013 G-393 Mitigation for Emergency Managers 05/15/2013 - 05/17/2013 G-557 Local Situation (RAPID) Assessment Workshop 05/14/2013 - 05/14/2013 G-205 Recovery From Disaster: The Local Government Role 05/13/2013 - 05/14/2013 G-191 ICS - EOC Interface 02/05/2013 - 02/05/2013 H-100 HazMat Awareness 01/12/2013 - 01/12/2013 IS -910.a Emergency Management Preparedness Fundamentals 11/29/2012 - 11/29/2012 IS -907 Active Shooter: What You Can Do 08/17/2012 - 08/17/2012 IS -106 Workplace Violence Awareness Training 2012 08/17/2012 - 08/17/2012 IS -706 NIMS Intrastate Mutual Aid, an Introduction 08/08/2012 - 08/08/2012 IS -42 Social Media in Emergency Management 08/08/2012 - 08/08/2012 G-710 Mitigation Planning Course 03/06/2012 - 03/07/2012 IS -393.a Introduction to Hazard Mitigation 02/29/2012 - 02/29/2012 IS -394.a Protecting Your Home or Small Business from Disaster 02/29/2012 - 02/29/2012 L202 Debris Management Planning for State, Tribal and Local Officials 11/08/2011 - 11/10/2011 IS -139 Exercise Design 08/25/2011 - 08/25/2011 IS -235 Emergency Planning 08/24/2011 - 08/24/2011 G-197 Emergency Planning and Special Needs Populations 07/12/2011 - 07/14/2011 Printed from the Texas Emergency Management Website (PreparingTexas.or)Poge 2 of 5 V a / _.�- P r �—� Transcript -for: Michele,Meade .. -.Page-3--of 5 MGT -333 Emergency Planning for Special Needs Communities 07/07/2011 - 07/08/2011 IS -241 Decision Making and Problem Solving 07/01/2011 - 07/01/2011 IS -702 NIMS Public Information Systems 09/24/2010 - 09/24/2010 IS -704 NIMS Communications and Information Management 09/22/2010 - 09/22/2010 MGT -345 Disaster Management for Electric Power Systems 08/10/2010 - 08/11/2010 MGT -345 Disaster Management for Electric Power Systems 08/10/2010 - 08/11/2010 IS -703 NIMS Resource Management 07/16/2010 - 07/16/2010 G-300 ICS -300: Intermediate Incident Command System for Expanding Incidents 05/16/2010 - 05/27/2010 Leadership & Influence 02/24/2010 - 02/24/2010 Basic Instructional Skills 02/02/2010 - 02/05/2010 G-265 Basic Instructional Skills Course 02/02/2010 - 02/05/2010 National Response Framework, An Introduction 10/13/2009 - 10/13/2009 Livestock in Disasters 07/20/2009 - 07/20/2009 Mass Fatalities Incident Response Planning 07/01/2009 - 07/02/2009 Rail Car Incident Response 06/13/2009 - 06/13/2009 Developing and Managing Volunteers 06/12/2009 - 06/12/2009 Effective Communication 06/11/2009 - 06/11/2009 G-628 Infrastructure Damage Assessment 02/12/2009 - 02/12/2009 G-627 Residential Damage Assessment 02/12/2009 - 02/12/2009 NIMS Multi -Agency Coordination System 02/02/2009 - 02/02/2009 EOC Management and Operations 01/23/2009 - 01/23/2009 PER -229 Introduction to the Computer -Aided Management of Emergency Operations (CAMEO) Suite [ICAMEO] 10/14/2008 - 10/16/2008 Radiological Emergency Preparedness 06/04/2008 - 06/05/2008 Basic Disaster Life Support (BDLS) 04/18/2008 - 04/18/2008 Animal Control Officer Basic Training 03/04/2008 - 03/05/2008 " G-310 Hurricane Readiness for Inland Communities 02/19/2008 - 02/19/2008 G-620 Texas Disaster Recovery Course 01/15/2008 - 01/17/2008 Printed from the Texas Emeroencv Management Website (PreparingTexas.orq�) �P� 3 of 5 f% 0.1 GL / '79 -�0 Transcript for: Michele,Meade Page 4 of 5 MGT -311 Mayoral Institute of WMD/Terrorism Incident Preparedness 10/09/2007 - 10/09/2007 G-620 Texas Disaster Recovery Course 08/01/2007 - 08/03/2007 MAC -100 Texas Multi -Agency Coordination Center Enhanced Training Course (BVCOG & NCTCOG) 07/30/2007 - 08/03/2007 G449 ICS Train -the -Trainer 03/05/2007 - 03/09/2007 Advanced Incident Command System (ICS -400 Equivalent) Training 02/08/2007 - 02/09/2007 Emergency Program Manager, An Orientation to the Position 02/05/2007 - 02/05/2007 L-311 Hurricane Readiness for Coastal Communities 01/09/2007 - 01/11/2007 Are You Ready? An In-depth Guide to Citizen Preparedness 09/27/2006 - 09/27/2006 G-920 TX Exercise Design and Exercise Eval 06/26/2006 - 06/30/2006 National Response Plan (NRP) - An Introduction 06/24/2006 - 06/24/2006 G-290/G289/G291 Basic Public Information Officer Course 06/20/2006 - 06/23/2006 ICS for Single Resources and Initial Action Incidents 01/26/2006 - 01/26/2006 G-193 Incident Command System - Basic 01/10/2006 - 01/12/2006 National Incident Management Incident Command System 01/10/2006 - 01/12/2006 G-288 Donations Management Course 05/11/2005 - 05/13/2005 National Incident Management System (NIMS) - An Introduction 04/27/2005 - 04/27/2005 G-386 Mass Fatalities 03/21/2005 - 03/23/2005 Introduction to the Incident Command System 02/21/2005 - 02/21/2005 H-200 First Responder Operations Level 01/22/2005 - 01/23/2005 Hazardous Materials First Responder Operations 01/22/2005 - 01/23/2005 A Citizen's Guide to Disaster Assistance 08/12/2004 - 08/12/2004 TX010 Animal Issues in Emergency Management 03/09/2004 - 03/09/2004 EOC Management and Operations 03/07/2004 - 03/08/2004 G -235A Emergency Planning Course 01/06/2004 - 01/09/2004 G-230 Principles of Emergency Management 11/17/2003 - 11/21/2003 Printed from the Texas Emergency Management Website (Pre ar'ngTexas.org) Pa e 4 of 5 VI(, J6 9 � Transcript for: Michele,Meade Page 5 of 5. G270.1 Asking for Help 11/17/2003 - 11/17/2003 Senior Officials Workshop (SOW) for WMD/ Terrorism Incident Preparedness 05/13/2003 - 05/13/2003 Animals in Disaster, Community Planning 08/16/2000 - 08/16/2000 Animals in Disaster, Awareness and Preparedness 08/16/1999 - 08/16/1999 Vol. -J- � G Pg. 7 Printed from the Texas Emergency Management Website (PreparingTexas.org) Page 5 of 5 Emergency Management Institute FEMA MICHELE D. BAILEY-MEADE has reaffirmed through completion of the Emergency Management Institute's Professional Development Series a commitment to Standards of Excellence in Emergency Management. Certificate ®f Achievement On this Day, 25 August 2011 S pe " endent (Acting) Emergency Management Institute Vit' 4; gg EMPG Training Completion Certificate kt{�}S 13301-�`ki'i RAEy Y FF a..uiLY�'••s• • . I, Michele Meade (EMC) hereby attest that Jason Ware (EMPG funded staff member) has completed the following required PDS and NIMS training courses. I also verify that copies of certificates of completion/transcripts are maintained at Brazos County (jurisdiction name) for audit purposes. EMPG funded staff member: Jason Ware Position: Deputy EMC Course Completion Date IS 139 or IS 120a 10/17/2016 IS 230.b 10/17/2016 IS 235.b 11/21/2016 IS 240.a 12/1/2016 IS 241.a 11/29/2016 IS 242.a 11/29/2016 IS 244.a 11/29/2016 IS 100 6/21/2005 IS 200 12/13/2006 IS 700 9/20/2005 IS 800 12/13/2006 itfo n: EMCSignature (original signature) '/II zo,R Date Email completed form directly to: Heather. Baxter@dps.texas.gov V01. P9. g e= 9 Official Texas Division of Emergency Management Training Transcript Transcript For: Classroom Training Courses Texas Division of Emergency Management Texas Department of Public Safety PO Box 4087, Austin, Texas 78773-0220 Transcript Date: Course Number`' urt6 t i 0, I I , Co r G-290/G289/G291 Basic Public Information Officer Course(G290)/ 10/10/2017 - 10/12/2017 Public Information Officer Awareness Course (G289)/JIS/JIC Planning for Tribal, State, and Local PIOs(G291) MGT -456 Integration of Cybersecurity Personnel into the 08/01/2017 - 08/03/2017 Emergency Operations Center for Cyber Incidents IS -201 Forms Used for the Development of the 12/21/2016 - 12/21/2016 Incident Action Plan IS -240.b Leadership and Influence 12/01/2016 - 12/01/2016 IS -241.b Decision Making and Problem Solving 11/29/2016 - 11/29/2016 IS -244.b Developing and Managing Volunteers 11/29/2016 - 11/29/2016 IS -242.b Effective Communication 11/29/2016 - 11/29/2016 IS -248 Integrated Public Alert and Warning System 11/23/2016 - 11/23/2016 (IPAWS) for the American Public IS -247,a Integrated Public Alert and Warning System 11/22/2016 - 11/22/2016 (IPAWS) IS -235.c Emergency Planning 11/21/2016 - 11/21/2016 IS -120.a An Introduction to Exercises 10/17/2016 - 10/17/2016 IS -230.d Fundamentals of Emergency Management 10/17/2016 - 10/17/2016 G-400 ICS -400: Advanced Incident Command 10/10/2013 - 10/17/2013 System, Command and General Staff Printed from the Texas Emerciencv Manaqement Webs rinqTexas-qrci) Paqe 1 of 2 —I&f P tF Transcript for: Jason,Ware Page 2 of 2 I-300 Intermediate Incident Command System for 04/12/2008 - 04/20/2008 Expanding Incidents IS -200.b ICS for Single Resources and Initial Action 12/13/2006 - 12/13/2006 Incident IS -800.a National Response Plan (NRP), an 12/13/2006 - 12/13/2006 Introduction, IS -800.a IS -700.a National Incident Management System (NIMS) 03/16/2006 - 03/16/2006 an Introduction IS -700.a National Incident Management System (NIMS) 09/20/2005 - 09/20/2005 an Introduction IS-100.FWa Introduction to Incident Command System for 06/21/2005 - 06/21/2005 Federal Workers Vol. ----� Pg. Printed from the Texas Emergency Management Website (PreparingTexas.org) Page 2 of 2 Emergency Management Institute 9- FEMA JASON E WARE has reaffirmed through completion of the Emergency Management Institute's Professional Development Series a commitment to Standards of Excellence in Emergency Management. Certificate of Achievement On this Day, 01 December 2016 Supenntendent Emergency Management Institute Brazos County Job Description Last Updated: 10/01/2017 I lv�/ I ' /1 6.v t Template Revision 1.2 008811512012 I� Class Number: 1519 Title: Detention Officer -Temporary Pay Group: 16 Department: Sheriff -Jail Admin. FLSA Status: Non Exempt Reports To: Sergeant -Jail Division Approved Date: 10/01/2017 EEOC Category: Protective Service Workers Position End 09/30/2018 Temporary Employee Supervision Date: Received: Signature: Given: General Summa Provides corrections services involving the health, safety, and security of inmates and the public in the Detention facility; monitors prisoners' activities; and maintains necessary records. Essential Duties: Other duties may be assigned. Adheres to the Culture, Mission and Values of the Brazos County Sheriffs Office; Follow the Inmate Behavior Management philosophy; Follow the Direct Supervision model of inmate supervision; Observes and supervises inmates; Performs searches of inmates and persons entering the secured area of the Brazos County Detention Center; Supervises, schedules and documents activity within the jail, including recreational activities, religious activities, educational activities, work activities, telephone activity, family visitations, unclothes searches, library and educational activities, mail activity, head counts of inmates, inmate transportation, riots and disturbances, feeding of inmates, and dispensing of medication; Conducts inspections, shakedowns, and inmate searches, including searching inmates and cells for contraband items; Dresses out inmates and puts them in their cells; Pulls inmates for visitation, recreation, and other activities; May transport Inmates between various facilities; Completes necessary reports and documents; Enters inmate information into the computer, and maintains and updates inmate records; Inspects and maintains safety equipment, detection and alarm systems; Assists with distributing medications to inmates; Intervenes and resolves crisis situations such as fights and medical emergencies, including physical restraint of inmates; Conducts head counts of inmates; Serves meals to inmates; Supervises work performed by inmates; and Operates Detention Center and master control panel. Employees in this job classification that are licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to serve warrants, enforce state laws, serve civil process, and act as a peace officer of the State. Other Duties as assigned. (1%) Supervision Received: From Sergeant, Jail Division Given: This is a non -supervisory position. Experience Req ulred: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Basic certification as a jailer from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); upon hiring or must be obtained within twelve (12) months of employment; and valid Texas motor vehicle operator's license. Preferred: I Vol a P9. �,J Physical Demands Typical: 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 hands to finger, handle, or 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 and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Requirements of Texas Commission on Jail Standards; Texas penal code; Texas criminal and civil laws; first aid procedures; use of fire and safety equipment; department policies and procedures; self-defense tactics; and computers. Operate computers, fire and safety equipment, and firearms; read and write reports, letters, and memos; perform basic mathematical calculations; analyze data; follow instructions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers, prisoners, and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of thisjob. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job, the employee is constantly required to work closely with others as part of a team. The employee is frequently required to perform multiple tasks simultaneously, and to respond to emergency situations in which there is the possibility of danger or physical abuse. APPROVED �3 I Duane Peters Date County Judge Vol. P9 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Executive Offices: 175 Water Street, New York, NY 10038 (212)770-7000 (a capital stock company, herein referred to as the Company) Medical Excess LLC, One MacArthur Place, Suite 620, South Coast Metro, California 92707 (800) 634-7462 APPLICATION FOR INSURANCE COVERAGE Applicant (Plan Sponsor): Brazos County Name of Employer: Brazos County Address: 300 E 26th St, Bryan, TX, 77803-5359 Telephone Number: n/a Type of Business: Executive offices Other Locations: ❑ Yes ® No If yes, where: Proposed Effective Date: January 1, 2018 Initial Premium Deposit: $385,715.00 If any subsidiary or affiliated companies (under common control through stock ownership, contract etc.) are to be included, list legal name, address and nature of business. Name(s): Address: Type Of Business Broker(s): Stop Loss Insurance Services Inc. Third Party Administrator(s): Blue Cross and Blue Shield of Texas PPO Name(s): Blue Cross and Blue Shield of Texas Medical Management Facilities (Entities): Blue Cross and Blue Shield of Texas Address: 6575 West Loop South, Ste 230, Bellaire, TX 77401 Address: 14643 Dallas Parkway, Ste 850, Dallas, TX 75254 Address Coverage Area 14643 Dallas Parkway, Ste 850, Dallas, TX 75254 TX, NIL MO Utilization Management Firm (Other than TPA): Blue Cross and Blue Shield of Texas Address: 14643 Dallas Parkway, Ste 850, Dallas, TX 75254 Address: 14643 Dallas Parkway, Ste 850, Dallas, TX 75254 Benefit Options (Describe all medical plan choices available to all employees during Open Enrollment whether they are included or not included under Stop Loss.) Plan Description(s): Included Not Included Brazos County Managed Health Care Benefit Booklet (Group 9080950) — effective January 1, 2015 X Coverage Applied For: ® Specific Stop Loss ® Aggregate Stop Loss ❑ Life and AD&D — Complete Life Questionnaire M20006-TX-NUFIC 1 of Vol. �Z—y je Pg. Classes of Covered Participants Number of Covered Enrollment at the beginning of the Coverage Period Included Participants Not Included Active Employees and their Eligible Dependents N 857 ❑ Retired Employees and their Eligible Dependents N 117 ❑ Disabled Employees and their Eligible Dependents N ❑ COBRA Employees and their Eligible Dependents N ❑ Enrollment By Coverage Categories Single Employee 599 Family 375 Insurance applied for replaces prior coverage as follows: ❑ Yes N No If yes, Complete Information Below Name of Company Type of Coverage Termination Date SPECIFIC EXCESS LOSS INSURANCE: Included Specific Deductible Amount per Covered Participant for the Coverage Period: $100,000 Annual Limit of Liability per Covered Participant for the Coverage Period: None Lifetime Limit of Liability per Covered Participant: Unlimited Lifetime Limit of Liability for Mental, Nervous, Drug and Alcohol Abuse: As Stated in Plan Document Specific Percentage Reimbursable per Covered Participant: 100% Monthly Premium Rates payable per Covered Participant Unit for the Coverage Period Single Employee $212.94 Family $682.49 MINIMUM PREMIUM: N Is the greater of 1) the sum of the first four months Premiums or 2) the first month's Premium Multiplied by four. ❑ Not Applicable Specific Coverage Basis Incurred and Paide Paid (Renewal Option only) Incurred and Paid with Run -In Period of 12 Months Include Run -In Limit of Incurred and Paid with Run -Out Period of N/A months Incurred in N/A months and Paid within N/A months Specific Benefits Covered Not Covered Medical N ❑ Prescription Drug Plan (Card) N ❑ Optional Specific Benefits Specific Terminal Liability Experimental/Investigational & Medical Necessity Specific Cash Flow Assistance Benefit Aggregating Specific Corridor: N Flat Corridor Amount $60,000.00 ❑ Factor ❑ Minimum Corridor Amount ❑ Adjusted Specific Deductible: M20006-TX-NUFIC 2 of 4 Vol. �_ Pg. ADDITIONS AGGREGATE EXCESS LOSS INSURANCE: Included Monthly Aggregate Factors: Composite $1,236.17 Estimated Annual Aggregate Attachment Point: $14,448,355 Minimum Aggregate Attachment Point $14,448,355 Limit of Liability for the Coverage period $1,000,000 Aggregate Percentage Reimbursable: 100% AGGREGATE PREMIUM PAYABLE: Per Employee Per Month of: $2.29 MINIMUM PREMIUM: INCLUDED NOTINCLUDED ❑ N ® Is the greater of 1) the sum of the first four months Premiums or 2) the first month's Premium Multiplied by four. ❑ Not Applicable Aggregate Coverage Basis: Incurred and Paid Incurred and Paid with Run -In Period of 12 Months Incurred and Paid with Run -Out Period of N/A months Paid (Renewal Option only) Include Run -In Limit of Incurred in N/A months and Paid within N/A months AGGREGATE BENEFITS COVERED NOT COVERED Medical N ❑ Prescription Drug Plan (Card) ® ❑ Dental ❑ N Vision ❑ N Weekly Income ❑ N Optional Aggregate Benefits ❑ Monthly Aggregate Protection Endorsement Premium: ❑ Premium Rate Per Employee Per Month: ❑ Included In Above Aggregate Premium ❑ Annual Premium: ❑ Aggregate Terminal Liability Endorsement Premium: ❑ Premium Rate Per Employee Per Month: ❑ Included In Above Aggregate Premium ❑ Annual Premium: M20006-TX-NUFIC 3 of The Excess Loss Disclosure Statement is to be completed by the Applicant and will be attached to and become a part of this Application. INSURANCE FRAUD WARNING Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement, or conceals information for the purpose of misleading, may be found guilty of insurance fraud and may be subject to criminal and/or civil penalties. . The Applicant hereby applies for Stop Loss, Life, and/or other Insurance coverage and: 1. Represents that the answers included in this application, the attached questionnaires and the Excess Loss Disclosure Statement have been reviewed and are true and complete to the best of the Applicant's knowledge and belief; 2. Understands and agrees that insurance applied for shall not become effective until the application for insurance is approved by the Company. 1 Agrees that if the insurance applied for is approved by the Company, the Applicant will pay all premium due after the effective date of insurance, including any premium which may accumulate between the effective date of the insurance and the date the Policy is issued. This Application, as it may be amended, will become part of the Policy, if issued. Signed at:(Time of Signature) This da of: (Day and Month of Si nature Year: ear of Signature anr-t I I I-aA- ok I U 2 IS! FOR HOME OFFICE USE ONLY Approved: ❑ Yes ❑ No Reviewed/Approved By: Approved Date M20006-TX-NUFIC 4 of 4 Im slim- FOR HOME OFFICE USE ONLY Approved: ❑ Yes ❑ No Reviewed/Approved By: Approved Date M20006-TX-NUFIC 4 of 4 Stop Loss (n.,undlwe selwice 4, A.W:m amvc C'. ,r, PROPOSED COVERAGE FORM Reminder Please notify the Plan Sponsor of the contents of this document. Group Name: Brazos County Effective Date: 1/1/18 Group Address: 300 E 26th St New or Renewal: Renewal Group City/State/Zip: Bryan, TX 77803 Contract Length, in months: 12 yes Post -65 retirees covered: National Union Fire Ins Cc of Administrator: BCBSTX Carrier: Pittsburg PBM: CVS/Caremark yes Plan Mirroring: PreCert UR/CM: BCBSTX Sales Executive: Henry Santos Network: BCBSTX 713.668.0016 x 6102 henry.santos@amwins.com Domestic reimbursement: 0% Account Manager: Ashley Murphy Lasers/Restrictions: 713-668-0016x6107 ashley.murphy@amwins.com Has there been a change of Administrators as of the Effective Date? The greater of 1) the sum of the first If yes, give the name of the Administrator paying the run -out claims? four months Premiums or 2) the first Minimum annual premium: Hasthere been a change of PBM as of the Effective Date? Has there been a change of network as of the Effective Date? a .,45pe'ciflc Coverage Spec Deductible: Actively -at -Work yes COBRA yes Disabled persons yes Pre -65 retirees covered: yes Post -65 retirees covered: yes a .,45pe'ciflc Coverage Spec Deductible: $100,000 Agg Spec Ded(Corridor); $60,000 Spec Benefit Covered: Medical & RX Card Spec Contract: 24/12 Maximum Reimbursement: Unlimited Annual & Lifetime Max. Spec Run -In Limit: $0 Spec Run -Out Limit: $0 Spec Advance: yes Plan Mirroring: no No New Laser: no Rate Cap: no Terminal Liability no Premium/Experience Refund no Lasers/Restrictions: n/a 0 The greater of 1) the sum of the first four months Premiums or 2) the first Minimum annual premium: month's Premium Multiplied by four. Enrollment - " "• { Single or Composite: 599 E+S: 0 E+Ca 0 Family' 375 Total Lives/Aggregate 974 Ben Covered: Contract: 'agate Accommodation sinal Liability Reimbursement: Run -In Limit: Run -Out Limit: le : mum Attachment Point: mum Attachment %: Agg Margin: rated Attachment Point: Medical & RX Card no The greater of 1) the sum of the fii four months Premiums or 21 the fl month's Premium Multiplied by annual premium: _ four. U N ',Tier .'Sold Rates % Monthly.Billed Chaigesi: It is acknowledged that service fees and commissions may be included in the monthly billed charges Monthly premiums are due the first oleach month (e.g., January premium is due January lst). Please advise immediately if this payment schedule is not feasible. Carriers may cancel coverage if payment is not received by them in accordance with policy provisions. Single or Composite: E+S: E+C: Family: SPEC: TLO: $212.94 $0.00 $0.00 $682.49 $0.00 W Z) Single: E+S: E+C: Family: AGG: TLO: AGG: ACCOMMODATION: $2.29 $0.00 $0.00 $2.29 $0.00 $0.00 Est. Monthly Premium Est. Annual Premium $385,715.27 $4,628,583.24 FV a. A GGG Pg t�%� Stop Doss 111"mrance Service,,; An Am Mrs Gmup COIn,ny Contingencies: Please note that any claims paid for an individual (s), after the specific group deductible amount has been satisfied, do not accumulate towards the aggregate attachment point. Also, if an individuals) is assigned a higher deductible (laser), only the group deductible amount will accumulate towards the aggregate attachment point unless specifically excluded. A stop loss policy with the terms and conditions noted herein, subject to the receipt and Carrier approval of the following documentation, will be issued to the Policyholder by the Carrier. All rates, terms and factors quoted are subject to the final review of this documentation and it is understood that rates, terms and/or factors may change based on the outcome of the final review. All documentation is due as soon as it is available but no later than 30 days after the effective date. The Plan Sponsor's coverage is based on Plan Descriptions. Any proposed changes to the Plan Document(s) must be submitted to the Carrier (via SUS) prior to the effective date of the change for Carrier approval. The Plan Sponsor must receive written confirmation from the Carrier that the Plan Document/a mendment(s) has been accepted and approved. Plan Document changes may result in changes to the rates and/or the terms and conditions of the coverage and may impact claim reimbursement. It is important to note that in order to receive reimbursement the stop loss policy obligates the Plan Sponsor and their Claims Administrator(s) to report loss data to the Carrier (please copy SLIS) on a monthly basis. Other conditions: Access, Administrative, Assessment and Capitated services/fees are not covered. See Carrier contingencies submitted with proposal for the following: 1) Rates are subject tore -rating if enrollment changes by more than a specified percentage and/or whenever plan, network or TPA changes occur. 2) Utilization review, Pre -certification and Large Case Management requirement. 3) Any participation requirements. 4) Assumes duplication of current plans and network unless specified. It is acknowledged and agreed by the Plan Sponsor that only the coverage requested above will be submitted for approval and acceptance by the Carrier. The insurance policy issued by the Carrier will be the final determination of the terms and conditions of the coverage Please review the final Policy carefully with each of the Plan Administrators. Any change in coverage after the date of this Form will necessitate that a new Proposed Coverage Form be issued and any change must be approved in writing by the Carrier. Documentation Due: • Large Claims, Paid Claims and Enrollment through 11/31/17 • Current Pion Document, including but not limited to: Schedule of Benefits as of 1/1/18 Wrap Plan Document, if applicable Summary Pion Document, if applicable All Plan Amendments, if applicable • Census as of effective date This is not an insurance contract or binder of coverage. This is a summary of coverage applied for by the undersigned entity or their representative. The actual coverage and contract terms will be determined by the governing contracts. Please review contracts when issued. Above rates may include premium, taxes, commissions, underwriting fees, marketing fees, and other costs not included in the contracts. The undersigned accepts the rates, factors and terms described above and expresses intent to effect the coverage described. Date Stop Loss Insurance Services, Inc. Print Name & Date a CurtoIneklnfoymatlon .,-:S°, t !rt' . •='r'. ., :;; e a» -rs, Commercial Service Order & Agreement va.3 System Address 5uodeniink8u5iness Office Quantity '- unit Price 1820 55 W loop 323 IESLIECONTRERA5 Tyler TX 75702 a CurtoIneklnfoymatlon .,-:S°, t !rt' . •='r'. ., :;; e a» -rs, fAuthailzed Curto`rrscrRe resentatWe— A[count Number , 300-7260759-01 Quantity '- unit Price Full Name IESLIECONTRERA5 Legal Business Internet 50o/50 Telephone (979)3614294 Street Address 1730 N I GNWAY 2IW gbslness Internet Modem Rental Fax 1 $5.00 CI ty IStateIllP N,TX 77803 • �BRYA„ _„ _ Email Address Icontreras@bralpscounlytx.gov _. _ , BIIIing Address ,Z007STexaSAve STE 218. Fede al Tax lD - CIN/Stat¢I2Ip Bryan .'T% ... , 77803',; Reyuesied DelWery Date,_ - '. 'r ,. _ ;. ':It Bar orRestauran[Saount, notate acupancy U -SO, 53IM: 101-150;151-200;201-300: 301.500, Sola are not guaranteed.. S-e21al Ondltions lroryoin'tte oBint and mullipoln4ervlres, Induce the addmseiil alfdrevlt ¢rminailonlotatlansl ,fiVu' . .. r_,. <NL.,I ,z.r s �I a; H L � i':; :Pramotion`xDetalls NOTICE REGARDING 911 SERVICES While9our 5uddenllnk Phone Service may be supported by a battery backup, It Is electrically powered. In the event of a power outage or Suddenlink network failure, 911 services will not be available. You are pruhlbltad from moving the phone 1n6dem from the address where It was Installed. it you move the phone modem, the 911 service may not funhon properly and emergency apentors will not be able to Identify the cal lees locaticn, :i By, signing this Agreement (I) you represent that yawarethe Customer;or Custamers authorized agent; III) you: agree that you have received a copy of and have been given an opportunity to review, this Commerdal Service Order and the Commercial Service Agreement„oi 41,h this Service Order Is apart; (111) you agree to the terms and conditions of the Commerdal Service Agreement, pv) you acknowledge that you 'have read and, undersood the Notice Regarding'9113ei_vices above, and (v) you,adnowledga that THIS BUSINESS SERVICE AGREEMENT CONTAINS A BINDING ARBrIRATiON PROVISION ,WHICH MAY.8 r E ENFORCED BY THE PARTIES This Agreement shall not be deemed efective'unDl it has been e.ecuted by both parties final proposed prices in thio Agreement are vasa (6i.W business'days tram the date below of the Suddenlink signatdry. The prices are firm far the cerin of this Agreement whun signed below by the Cusmmer and by Suddenlink a nann,aumonsen vgmture Date IM.tNa;ne QI1/��[n 1/ 17{1ly_(yyc1 oda Judge. Cagw 8ta(ISdba�SwtQadMSTammullatr��mr. ow - all of tblNtl.-preNllnDlusknefeuMarl�svEaeNlnV} :.Bloc Nome olio _...l of 3 P a g-e'LV-1 VP ov ...+, .aTdkes';and FeasiNotWcluded Service D Description Quantity '- unit Price Term (Mnndul, Monthly Recurring Istel eratafublentPswmpu. - th n10%fnniyllhtnfurl One Time p Fees ion &Setup Feea: Business Internet 50o/50 1 $224.95 ,12 Months $224.95 gbslness Internet Modem Rental 1 $5.00 12 Months $5.00 CI PDr - Totals / $29.95 •download and uploadspeeds are maximum speeds; they may vary and are not guaranteed.. j. J ',Description .' iQuantity Unit price Tot Ipso, S-e21al Ondltions lroryoin'tte oBint and mullipoln4ervlres, Induce the addmseiil alfdrevlt ¢rminailonlotatlansl ,fiVu' . .. r_,. <NL.,I ,z.r s �I a; H L � i':; :Pramotion`xDetalls NOTICE REGARDING 911 SERVICES While9our 5uddenllnk Phone Service may be supported by a battery backup, It Is electrically powered. In the event of a power outage or Suddenlink network failure, 911 services will not be available. You are pruhlbltad from moving the phone 1n6dem from the address where It was Installed. it you move the phone modem, the 911 service may not funhon properly and emergency apentors will not be able to Identify the cal lees locaticn, :i By, signing this Agreement (I) you represent that yawarethe Customer;or Custamers authorized agent; III) you: agree that you have received a copy of and have been given an opportunity to review, this Commerdal Service Order and the Commercial Service Agreement„oi 41,h this Service Order Is apart; (111) you agree to the terms and conditions of the Commerdal Service Agreement, pv) you acknowledge that you 'have read and, undersood the Notice Regarding'9113ei_vices above, and (v) you,adnowledga that THIS BUSINESS SERVICE AGREEMENT CONTAINS A BINDING ARBrIRATiON PROVISION ,WHICH MAY.8 r E ENFORCED BY THE PARTIES This Agreement shall not be deemed efective'unDl it has been e.ecuted by both parties final proposed prices in thio Agreement are vasa (6i.W business'days tram the date below of the Suddenlink signatdry. The prices are firm far the cerin of this Agreement whun signed below by the Cusmmer and by Suddenlink a nann,aumonsen vgmture Date IM.tNa;ne QI1/��[n 1/ 17{1ly_(yyc1 oda Judge. Cagw 8ta(ISdba�SwtQadMSTammullatr��mr. ow - all of tblNtl.-preNllnDlusknefeuMarl�svEaeNlnV} :.Bloc Nome olio _...l of 3 P a g-e'LV-1 VP ov I(r: Commercial Service. Agreement TERMS OF SEP. VICEAPPLICABLE TO ANY AND ALL SET ICE(5): Cuaomer, idemiflcd m the Sendcc Ogle" (Refined in Pa a Israph 3 below), gndoran ads end agrees th.k slid Commerical Ell Agrecmenl, I eRedick will, the Annex and ary ap kcable tariff, (callectively. The'APoareinerd') applies I each And eyr'y Callillullilali0n Service PI OYI ltid 10 CERIOT,er by Suldcold. Cunlmuchlol illi and ally Affiiia to Of.S'Jddenlb:k Conimin i(jeons ,Cal to the extent such afliha!, p: .,ides Services to you tinder this Agreement ('So OdoebAll )("Serviec(sl'7.'yhi ll, may include, it boot plAlilrion, cable Telndsion Piwc, (,video Service"1. I!fyb speed data service j"High Speed Internet Servlc C'). 166. ec"ioc Vftouo Service') ;'.nil related mluipment fTgR pmsA! ). This CCmrTnClal Service Agreement, along with the Annex, ea:b of n,ay are updaled'rom rime 10 lune, cern be Lound on our v+ebsite at Iv'v,Ys A1Tfr ink.cmn 1. Aereenlenr. This Agrearlen: malt be idLect'+e .poo execifnn by lire parties, antl Services shall be provided for the Term (as dNmed in Section S helm.). C.sminh, ag,aes to be bold to this Agreement by: )l) cxcccloo a Copy of the Commercial Service Order presented ED C,5(Omer al The lime of installation ('5o vice Order ). (if) 0s,, daring a Sentice, or (Ilii QAAg are or moue Services e.1 Customer's Aeration. Sudd,nlink Play, in its sole dlscretian, change. Probly, add or remove paltlons o(th'is Agreament at mrIe Bine Ey giving Customer notice in accordance with this Agrteme,nl. Cusli mer, continued ase of the Services foilolving. sets Police trials be deemed as Cuntoners loceplancr. TO any revision in INS Avve(cerl. If Cmtern d docs not agreeto the a6ss'd Assortment. Customer mail i rupledwech no:ili' SuddeuLnk of Customer's intent to Terminale Service and Eaton, ad Equlnmera 2. Selvims and Use. S.ddenhnk strait Use rcAsonablo r.IlpNs Io Plaine the Services available by any requested service dare. Suddenlink Shall not be liable for any damaRe5 whatsaeveirnsuliir;G (rain delays in rlee .ng any sort ice dales due to delays resulting from cCnsBectian or for reasons Beyond its control. The peptics Pcknmvledpe and Peret, that, except foe Well hosting. iFappilnble, pride, of lialwisr set fonh ih Nrc Comme¢ic Searles Order, Cmtomcr may oily use the Services for its oem cal mereal p Looses Whit Pat tile; of any third Parry, and Costenler shall not resell the Services. Customs-, shall be resp;nsibte for any 5011ware and content displayed and distrihuicC by CLICAD, or Custome,'s .rein hailing cudgmet5, if any, Unless ofletwire expressly at Forth in tins, Commercial Service Cedes, Cuslnmer acknowledges that pay per Oow cyedi3 ami premium video and audio sehviilei nilly not be a':naldle, and, if p ... idea , may be subject to adallional charge, beyond the base rale. 5uddenllnk shall provide Clinomer will, the 5Aw(A5 and EVuipmen: tdentlied on CoS:Omer•s Commercial Sen'iLi U,der pwvticd. hGNCyer• IF S.dtleran, detemrlee5 RAA CuStDmer., l.catlm, Is Ilet son"leahle tondo, 5uddaoIi l,,5 normal 14SMIJ."an guide Encs, Suddenlink. Piny pistillate this Agreement. Unless proAded otherv+ise herein, Suddea mR. shall List reasanablc efforts to maintain file services in accordance math applicable Performance Slaloms% however, Suddenlink 'E.And have no responsibility for the mainN"Whce or repair of uetsvosks, Incil'i les and eruillnmur not lurnisbed by Suddenlink. 3. Distribution Svetem and Inside yelonr. "Di5trailtd, iysleni' Shall mrmn(1) u1.. disulhution plant andeisetiareil cicetrEAL5,egU;omoot and wiling instaRBd or provided by SEddenllnkor its predecessors which is pecenary to ch lUute Services ThOLI( FOUL the pmuela. bid SPecTcnlh• cvduding stripe V:iring dehntd beau', ;rid (2) all equipment f., fished by 5edaenlink It the p: emdses. The inStahation of till Distribution System and Inside Wiring by Suddenlink .silt nicer all appleDible FCC spezifi(arionsand will be i installed in a gond,.ask .. sic manner. Ownership of toe D.,Wberian System shall al all time; be enc mmam in Suddenlink and shall be used cxdusnely by SAddeaiink .1anlions, Upon Distillation or terradatlan or this A......... SUddePTink1hahl continue to owl and co.vcle"."Pite U'Ruihub.n S'Sonf. UpoPtenninahi.n of this Ageement and if Suddivrok is no longer providing ServIIcs to IRA p„mise, Soddecink has the option to renioke all or any periipn of Alm taslribulion System, provided Ilial any damage to the prepriles Easel by remuv i OF tint USUntrinlon Sysmm will be ,,Paired by Suadcnlink to Customer's reasonable satisfaction. Any part of the Distnbutlon System r ernanog hA the premises shall become rhe sNt rrapeny of Customcl. "InsiW: Wring” shall mean that wring located v: ilhin rhe Pmoa,ly. O"nfership of he Inside sell .InP, shall as, all rimes be and remain in Customer. Cmtmner shall lie responshile to, the rcpclr and rnalnomince of the (Pride Winne„ Jr. a facet, t,rRkman!ikc, marmot in accordance with all appllcahle codes, regulations, as, laws. 4. Payment 11dOmtr Shall ROY all monthly service clia,ges, [)IRS nOmrecd.... IS, ..¢dune se'-ep, installation andfor construction charges as set forth on the Commercial Serhh s, Order. Payment is re. be made AET 1301 days alar rece'rpr of Invoice. VAhess Stand o:henvise on the CO,pmdrdA! Service Order, Monthly Re.cnning Charges/Ar(efs Charges ("f✓,RCS•) for Services shall begin Enron, and Non Rosining Cha rge/C nenmist Activation and 5etmp Fees t'NRCS") it any shall be one upon, :he commencement of Services. Any amount not received by the rive lose mill be sainted to addltenal fees as sei 1Pn11 bcfow. II applicable to lire Service, CP%O,pr shall pay Sales, Ese. Cross rooegns, excae, access, unbrrml •,crvke fund assessnllints, 911 fees, franchise (des, hypos oI that loom, stall and Federal takes, broadcast E.¢harges m nines charge., imposed on the use of I. Seryicef.IPPO 0.'ill be separately Sl21ed an elle Ctrl InYni[e. Unsaid balance, 0,011 be subl,d to interest or Into ch,rgcs al Enc maatmprth ,are iironed Ig law. Pastore to pay lite total balance'wtirn the rYA, be eroundi Ihr 5 ... IIJA,0 nk to I ... lose all ad'cointrii i,e ICC rARAPdaR1W,C Fee'I in Pc-lihoco v+1N anplicable Inv;. Any Admdlistrrlire fee Imposed on Cnst.mer is inert@d 1n be a ra.Emnblc Advmgl c5F1:arise cl cosi[ of manci lle Past due d[Counti. Smitten] ... k does not assent credit TD Sddflanin RS Fusions, and the Admin!sbatwi, Fee is nal interest, a «edit Solstice cllarye or a finance charge. FRilwe H. receive a bill does not release Customer Front CnAon'er's obbgalioP IO pay. FaHhre to any the HAITI balance ale, due shall Canstitotc a brands Of this Agrecmenl and may hr, grounds for trmination of Service upon Item notice. to CuHnnirn it Cuaomer has failed to confect Soch nom payment shields within fen (10) days Of written nodi[, Imin Suddenlink, removal. of Equipuart from Customer: plcmiscs and/err imposition of as, Administrative fee In nCembd 11 with apPiicab;e lave. S. A,RJEr,ll Fees. In adohien m MRCe. RRCs, fate charges, mAreN, anal 'any AaminiSoll,a'Fee, addar.nat fees may be Imposed, Indierd. lees Io, returned check:, Clung, Terri tilv+yeimck, C'nrly term;r HA,, ra,.nn.... a,, .lad .111ce axis E. Ad Po.onal [M1arECs, indudinB attorney fees, Play nBo be in'posec if callectloh ed;vities arc req.bad to reca... Ra El due Valance, G. Term, Early Terml ntlon. The Ienn of EA SemicC Order shall commence Of he date that Buy Srreicc mlrnrenew and shall temdnate upon Elie, unifier or earlier (erminatmn al the tens set lath an the Service Older ThC'lcrm"). II a 5erirte Cider dors nnl ppncify is farm, the Terris shah be one Ill year heal Did date that any Service m,amences. Upon the expnnlion of the Tum, each Service O,der15) shall R,p,,atimily renew farsvoespy, periods of .err: (1) year each ('Renewal Tefm(sPJ, unless prior notice of nonrenewal It delivered buy airier TROY to Tile artier at least thirty (30; pays before the expiration of pie Srreicc Terni or the then coven( Thi Ternl. EOectivif nt any time after the end of the term and !ram lime to bine theieln. SuddcnbnP Al modify Eire charges for HSI and/or Video Services in reflect tlen{unepL prevacin? pricing subject to dfrly (30) Jays prior notice. CNriioli will have thirty (30) drys from A,,Rpt Al' suab notice to ranee+ the PpplfcabTr Service without hrahri habi0ty. Should Customer fail to Direct 111610 this innichame, Customer will be deemed to have accepted she mudded Service pricing for the remainder of the Nmmaml Tmm, If CL51omCk ravels, Eerar or,s or dolvngladU the Service m me the camplons, of the Term, or. prim, ,, the term of any promotional offer, Customer agrees to BE, Suddenlink, all ,Pyr, d, rich shall beconvl due and 0 is, as of the effective data of the cancella:ioh 01 tenni,-Prim. including: (i) all no rairwring charges reasonably expended by Suddenl'Ink to establish Service to Cuzomer and not remunetated, OR any discmmeRlon, early cancellation Or terminatiDA Charges rersonahry lacune. and pald by Suddenlink to usur parties nn behalf of Cuetnn.I and liii) aR recurring charges lot Cir reiro,sing bnianre of the Trim or term AT the pramoli.nal.Hcr: 7. Disputed Chance Customer meg .ably Suddeniink in v: cin; of billing colors disputes .: requests Inn credit witfun IId«y 1301 days after Cuaemet receives he bill for "Ili , cwrenlou of an nor or credit is sought. The, daze a( the di pule shall be ill, dare 5urkoplulk receives sufficient dac,menlmbn Ic enable SuddrnbnL to im'enigatc If, ,spate The.date At the resolution as ow clue Suddcnbnk completes its invesslirrul , aria na:ifies the untnnle, of the dispusainm of tie dispute. R. De-faPIL, It Customer Iash, !n comply will''try malerial AMPS oo of this Agleemenl, ophP hE, bel not limited 10 Estate to mrkc payment As spirit Pd, then Sin denhi at its spit .puna, may ilect to puma cad as, more of pie (upswing mortes of adlnn h au proffer notice In Cnsminer as required by applirable Fail, (i) Iermioate service whereupon All SLIDE then due and Payable stroll become immediately due and payable, hi) suspend all or any pan of services, oriole, Lill persue any other redladnii, including O.Sonable attorneys' fees. of may be pro•; (Ifl at law or in egolty. including the applicable terrninali.n 9, LIMITATION Oa UARILITY, rxc FPT FOR ANY REFLINOS OR CREDITS AS EXPRr5SLY PROVIDED 11411115 AGREEMENT, SUDDEN(INK, ITS OFFICERS, SHAREHOLDERS, DIRECTORS. EMPLOYEES, ADIUMES, VENDORS. CARRIER PARTNERS, CONTENT PROVIDERS AND, OTHER PERSOPIS OR ENTITIES INVOLVED IN. PROVIUVJG TUE SERVICES OP. EQUIPMENT ICOLLECTRICCLY, THE "SUUDENLINA FMP.TIBS') SHALL NOT RE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, TRENtE, PUNITIVE, EXEMPLARY OIL CO.5EOUENT)AL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED 's,0, LOSS OF PROFITS, ERRNINCS. SU511JESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING BEAM;, PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT By CUSTOMER OR ANYONE ELSE d4NG CUSTOniERS SERVICE ACCOUNT, AHO/OR USE OF THE EQU1PIAEM OR OTHERWISE ARISING IN CONNEM ICN WI➢1 THA: INSTALLATION, MAINTCAMNCE, FAILURE, REMOVAL OR USE OF SERVICES ANO/OR EQUIPMENT OP, CUSTOMER'S RELIANCE ON .THE SERV ICES AND/OR EQUIPMENT, INCLUDING WITHOUT L?MITA'rION ANY LIABILITY THAT ARISES DIRECT LY OR INDIRECTLY OUT Or -THF. USE OR 114AUILIlY TO USE IHF SWRRCES (INCLUDING Tllb INR Ally TO ACCESS Flvirri NCy 911 OR E911 SERVICESI, M15TAKE5, OMISSIONS, INTERRUPTIONS, FAILUiIEOR MALFUNCTION, DELETICN OR CORRUPTION OF FILES, VIORY, STOPPAGE, ERRCRS, DEFECTS, DELAYS IN OPERAMON. DEEMS IN INSTALLATION, FAILURE 10 MAINTAIN PROPER SWEDAR05 OF OPERATION, FAILURE 10 EXERCISE RLISONABU SUPE: VISIO.N', DELAYS IN TRANSNIRSION. BREACH Of WARRANT( OR FAILURE OF PERFORMANCE OF THE SERVICES AND/Ori EOUII'baSklT; OR RF.SUETING OIRECTI Y OR INOIRECILY OUT OF, OR OTHERWISE AR15114G IN E CHJNCi7;ON WITH. ANY dUCCATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT CE THE COPYRRI PASDII', TRADEMARK , TRADE SECRET, CONFIDENTIALITY. PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS or ANY THIRD PARE. Sb DDDILINK'S MAXINIUM LIABILITY TO CUSTOMER ARISING LANDER THIS AGREEMENT SNAIL BE THE LESSER OF $5,000.00 OR THE AMOUNT ACIUALLY PAID By CUSTOMER FOR SERVICES - I IEREUNDEII FOR Tl lL RESPECTIVE REGULAR. BILLING PCRIOO, 10 WARRANTIE5. CUSTOMER AGREES THAT THE SERVCES AND EQUIPMENT ARE PROVIDED BY SUDDZNVNP, ON AN "AS IS" AND 'AS AVAILABLE" BASIS kyIDiOUT WARRANTIES OF ANY KIND, EXCEPT A. PROVIDED Hf.RETN, THERE ARE NO AGRByAjFAHl, Wi.RRA.N11E5 OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN (ACT OR by OPERATION OF LAIN, STATUTORY OR OTNERV/ISE, INCLUDING WARR IITI[S OF TITLE. NON-UPAINCEMRNT MERCHANTABILITY AND FITNESS FOR A FARTICULPI PURPOSE,. REI!•TING TO THE SERVICES. SERVICLS PROVIDED APC A.BEST EFFORTS SERVICE AND SUOBENLINK DOES NOT WA RAIJTTIIATIHE SERVICES, COUIPfi OR SOfT' idir SHALL BE ERROR FR[[ Olt kYNHOUT INTERRUPDON. SUDDENLINK MARES AEG svirRRE(RYAS TO RANSMISSION Olt UPSTREAM OR DOWNSTREAM SPEEDS Of THE 1IFTEYDRK. ALL USE F TIIE SERVICES ARE PROVIDED AT CU5TOIYLR 5 SOLE RISK AhO CUSTOMER ASSUMES TOTAL RKSPONSIFAILITY Pont CUSTOMER'S OR 47 I USERS VSE OF TME SERVICES. THE SUDUENLI;IR; PARTIES MAKE NO WAFRANT ES IHAT THE SERVICE, EQUIPMENT OR SOFTWARE IRS- ..�..�" ^T...� C0 ' "�'L' .POF:SIBIE OR Wa'd'.!' 9721_ ... ._. FOR ANY LOSS 03 IMPAIRMENT OF 5ERVICE Quit IN WHOLE OR IN !PART 10 CUSTOMER EQUIPMENT. THE SfJUUENLIN[[ PARTIB .MACE NO VIAltRANTY AS TO THE 5?CURITy 01 CUSTOMERS CONINIL'NICATICNS VIA 5'JUOENLINA5 FACT UTIC5 OR SERV4`E5, OR THAT TNIRO PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS IO Gil sAQNITOR CUSTOMER'S CC AMUNIlT1RDD5. CUSTOMER AGREES THAT CLJ5IL R HAS 11117 SOLE PCSPONS!iflU7Y TO SECURE CUSTOMER'S COMMUNICATIONS ANO THAT THE SUUDENLIis'1( PARTIES WILL ,JOT GE LIAWIE FOR ANY LOSS ASSCCIA7 ED V✓ITH SW:II UNAUIfIOnI21:0 ACCESS. 11 .Indemnity. Costunerehall inderA.h, and hold SuddeNlnk and its respccthee affiliates, subrontractors, employee,[ or zsen5 harmless (mclmiing payment of dasonabte muvnayz fees) Trent end against airy dei N, aclicos cr demands relating In or adting m; of p ,at trod in any ,3y to Cmlam hr's lie or the Servlcc, any other port os Usc of the Costoneirs eccourr,, the placement or pretence of removal of Soddenllnk's Equip glen:, facd,has and associated wiring on Cuslamei s premises a nilding without hrhilalion (i) at., rsnlrvn or sodvrare displayed, dvnbut ed or othcwise dsominatcd by 102 Cusmnw" its arnpnotes , of users of the Services, (ii) any claim that Crulmner's Use Of inn SUffire Including fire repstmfion and mamlCrlanee of Custoneff" seccied domain ruirne ), inhinpes or, the patent, copwight, Imnemark ar other fhle!leelual properly list,[ of any ddrd party: li'il any moliriorr, act el ace 7n Fi elation of any larvs mmmlued by Clnsonler, its employees or usm using life Service:; and/or h,) vIolehon by. CosTello r, its efu dayres or autbnfi;ed use. of Suddoulink s Acceplabld Use Policy UAUP"). 12. Miscellaneous. Toe Asreemenl consliwtcs theerllife.agle"nent be( vg an 5nddenlin4. and Customer for the Services ane e5dip rent provided herein The Invalidity or unenforccabddy of any term or condition al this Agreement stall not affect the yapdily or eric ceabilip, of sly inner pravislon. This Aerecment nay be hu diite;l, waives ar amended only bi a st*Itten InillumCnl signed by file palufn; provided h0I1cve4 thin 5addenllnk nay madly this Ai;reement and the AUP and If Customer co lh Is In use file Sa,,da, Customer snail be bound by such nlodificat'ont. the rights and of:r'lpliens OI file pontes undo, fill, AyreemCm Shall be governed by t'lc lavas of the Stave of Texal. The failure by either party to exeicisc one or mord rights Provided in this Agreenlelll shell not be deemed a waiver at the r inht to exe¢ise such right in III, lulwe. Notions rnluired by this Agreement shall be in writing and shall he rlclobled either by foisnnal delivery or by mail. I: dch"old by mail, houses staid be seal by any o'erwoot mail IetvilEe v9lh bmal cit receipt. m by certified at regivi red Inad, return recelpe regrlesled. with all postage ami era,,- pr,.Ild. NI notices and other Menden colnrouni:sfcaS under Itis Fgrn,med; shall he addressed to the parries at tae addresses on dfe first It of this Agreement, of as sllMiGed by sbbsagJenl written notice donated ay the gamy Whote adareis has ch0gy'ed. Suddenlins, may also deliver any requitrd or desired police hereunder to Customer at con!acting the telephone norther on Customers Account. All "Pascourna"s, ""'ice, indemnllliauvo , dispute resolution pr ovi,ons and li Arahors of I -at] lily runlaided In figs AgAle apnt f hall s ',,e the Ierminalion of shit Agripl,11%M well as 11, ether oblrsdliaM of the panics hereunder wihid, by Their 1cIm5, would be expected to survive such mrmination or Milch relate To the period prior :o tch-linalion Ortluf ing legal mndihnes, Fay vnent, and SuddenT.nk rights and the rights of others). All notios need :o do In die Primary Account Address tvhien should be 200 South Texas Ave, Suite 218 RrYan, TX 77803, this is whe,d All im ai,bs and correspondent, should go td for this s,mim. 13. ReYotdlne Authority -Force Ntlleu, Tia A"no," eat aro ;he abltgallons of the pnrtips shelf Le sublet! 10 modhiedrial to comply, "eh all aprio3ble laws, regdavons, caul; ruLng;, and fishvinis:rat vis orders, a1 D"Ith t"d. In no event So,% either plot/ ha'. ary cl iul A,Aolft that other It., faibue of performance it such halure is caused by las of God. nahond disasters Including fire, hand. or sAnds, civil or mllimry action, indvding Arl:, cit•il Insurrections or eL15 of !,uaris6 11 If,, taking of proprny by ;ondemnAhon or An, other cause beyond Suddenlim.'s reuowl,le control. Sufic igk may, in Its sold disnetan, inunedl,lo:y terminale this Agreement, iu whale or i;1 part, in the evenu there is a male,.,,; change in any O%v, rule, regulation. Force ttajeare evchn, or Bili of any marl or goyrrnmant aCcrCy, and that change affects 5u1dongnk'S ab,huy to pedovA its obligafimft under Ibis Agreemem. 15, Assignment. Conomer may not assign, in Whale or in pad, this Agreement vdthout the poor vniuthr cnnsen: of Suddenllnk, mb;ch Consent miy be wilhhe;d of Suddeninii discrelioa Subdenllnk nay assign, in whod Or In pan. this Ag,eCmcnt, and Seri= ntay be provided by enc or more legally authorized 5,hhlf rll,uk alhliotns. 3 of/ P a t o Voi. - Pg. R. BID TABULATION 18-032R HYDRATED LIME Previously known as #17-270 April 1, 2018- March 31, 2019 2 AUSTIN WHITE LIME DESCRIPTION PRICE PER TON Extended Price QUICKLIME, GRADE DS $145.39 $29,077.56 HYDRATED LIME $147.39 $29,477.56 DELIVERY TIME AFTER ORDER IS PLACED 2 Business Days FREE TIME 2 Hours free unloading time DEMURRAGE $75/Hour 1st Renewal of 3: Austin White Lime issioner's Court on this 93rd day of J C1Vll la .2018 by holding the position of l� VV Brazos County lY. 1 ..: ll'> t r- a Fec ti` C w {• FIe t n 1 K,i� 'i ii+ <�i 5 i 3 P' Wa 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 January 11, 2018 Austin White Lime Co. Phone: 800-553-LIME(5463) PO Box 9556 Austin, TX 78766 Re: Renewal of Contract #18-032R for Hydrated Lime previously known as 4-270. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Hydrated Lime contract #18-032R, previously known as 17-270. All terms, conditions, and pricing shall remain the same. This renewal tern will be for one year from April 1, 2018 to March 31, 2019. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Imaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, i may be reached at (979) 361-4284. Contact Name: E -Mail: AUSTIN WHITE LIME CO Authorized Signature Z:Q Duane Peters, County Judge Date la3k Date FV_7 �=- P9' '�� RFP # 18-091 Design Build Services for McAllester Lane Rehab. Demonstrated record of experience providing high quality, accurate and timely delivery of services to 1 government and private clients; well established, documented and effective quality control and safety program. 2 Approach to successful remediation of existing conditions. 3 Proposal creativity including budget and schedule considerations. 4 Qualifications of the key project team members who will be assigned to a contract - Firm's Firm's previous experience and past performance in working with projects of a similar nature including the longevity of solution Technical Proposal Total Technical Proposal Points Awarded Cost Proposal Cost Proposal Points Awarded Total Points Awarded -Technical and Cost Proposals Date Approved: I;3 LJ Max Points Available 20 20 15 25 20 100 -layward Baker Brazos Paving 15 15 15 15 5 5 20 18 20 15 75 68 60% 45 40.8 $ 900,449.50 $ 827,591.50 40% 36.76348313 40 81.76348313 80.8 I 4 HAYWARD BAKER A KELLER COMPANY Brazos County 200 S. Texas Ave., Ste. 352 Bryan, TX 77803 Phone: 979.361.4292 Email: cwendt(d,)brazoscountytx.gov Attn: Mr. Wm. Charles Wendt RE: REVISED - Wire Reinforced Gabion Fill Wall - Budgetary RFP No. 18-091 McAllester Lane Rehabilitation Project College Station, TX 77845 OP# 00032901 Mr. Wendt, haywardbaker.com January 3, 2018 We appreciate the opportunity to work with you and to provide a budgetary proposal, complete and in-place, subject to the Notes listed below, the attached General Conditions, and in accordance with the RFP For Design -Build Services For McAllester Lane Rehabilitation Project prepared by Brazos County, Texas dated December 19, 2017, site visit by Mr. John Edens of HBI on September 15, 2017 and by Bill Little on December 12, 2017, and the information provided by Mr. Charles Wendt of Brazos County, Texas, for the following work at the above referenced site: 1.0 Slide Repair at McAllester Lane Using LS $895,000.00 Wire Reinforced Gabion Fill Wall with Anchored Drilled Shaft Foundation ADD: Payment and Performance Bond — 0.7% Notes: 1. Our opinions and statements regarding this project shall remain confidential to yourself and shall not be made available to another party without the expressed written consent of HBI until project award. All concepts and procedures stated in this proposal shall be deemed as intellectual property of HBI. Hayward Baker • 661 Shahan Prairie Road • Little Elm, TX 75068 • P 19721294-5000 • F [972] 294-2664 Equal Opporwnily F.mplo er—Mi CS�F.amaleal0iaebbWet . THINK SAFE Vol. Pg. 2. Engineered shop drawings for the work as proposed prepared by Hayward Baker, Inc. (HBI), a Texas Registered Professional Engineering Firm (F-13273), shall be furnished prior to commencing the work. 3. Budgetary pricing for Item 1.0 - Wire Reinforced Gabion Fill Wall with Anchored Drilled Shaft Foundation; includes provision and placement of the following: a. Generate geotechnical report b. Temporary soil nail shoring at centerline of McAllester Lane c. Excavation of slide mass and use of excavated soils to construct working bench d. installation of drilled shafts infilled with reinforced concrete e. Installation of anchors and construction of reinforced concrete cap beam f. Placement of gabion baskets with geogrid and backfill material g. Construction of below wall slope using on-site material, as required by the design h. Reconstruct pavement section to match existing i. Install metal beam fence along edge of pavement j. Reseeding of R.O.W. drainage ditch (establishment by others) 4. Re-establishment of drainage culvert has not been determined as of the time of this proposal. Any associated costs with drainage re-establishment shall be determined once civil engineering has been completed. 5. This proposal is contingent upon the understanding that there are no conflicts with any underground or overhead lines, wires, pipes, structures or easements with the scope of work as proposed. All locating of utilities will be performed by HBI. Removal and replacement of any and all existing utilities/conflicts, if required by design, is not included in this proposal. 6. Long term monitoring of the proposed retaining wall system and slope is not included in this proposal. Survey monitoring, if required by Brazos County, shall be performed by others. 7. Before the material procurement process begins, HBI requires the receipt of a contract along with the approval of engineered shop drawings. It shall be understood that the minimum material procurement time for the materials required, in this scope is four (4) weeks. 8. HBI estimates the time required to complete the scope of work is approximately two (2) months. Pricing in this budgetary proposal is based on continuous operation of the work without delays. Delays beyond HBI's control shall be paid for at an hourly rate of $1,000.00 per hour. 9. This proposal is based on a five to six (5 - 6) day work week. A schedule for the work as proposed shall be negotiated and mutually agreed upon prior to HAYWARD BAKER � / (/o' A KELLER COMPANY vol O��` P9, ��� acceptance of a subcontract for the work. HBI shall be permitted to work Saturdays as necessary to meet the agreed upon schedule. 10.This proposal is based on one (1) mobilization. Additional mobilizations will be $25,000.00. 11. State sales tax on incorporated materials is not included in this quote. 12. This proposal is good for thirty (30) days. Sincerely; Hayward Baker, Inc. Bill Little Art Pengelly Pre -Construction Operations Vice President Attachment: General Conditions — Public B L/kb Breakdown of Item 1.0 - Slide Repair at McAllester Lane Using Wire Reinforced Gabion Fill Wall with Anchored Drilled Shaft Foundation - $895,000.00. 30% Design Submittal $ 12,000.00 60% Design Submittal & GMP $ 18,000.00 Construction (Includes 18.5% OH) $ 778,500.00 Design Builder's Fee (10% of Total Cost) $ 86,500.00 Total Estimated Contract Amount $ 895,000.00 ADD: P & P Bond ($778,500 x 0.007) $ 5,449.50 BAKER A KELLER COMPANY [V0�t o2lr G Pg. GENERAL CONDITIONS Public Work 1. Final contract amount shall be actual quantity of work complete and in-place when applicable. 2. All permits, approvals, or agreements including any temporary underground easements for anchors/nails from any city, county, state, federal agency, or any other entity shall be secured and paid for by others. 3. No performance and payment bonds are included. i laced file e 6. Al testing other than anchors shall be secured and paid for by others. HBI q 9. Suitable meeess to the wofitsite shall be pfevi 11. Re6teratian aF establishment of vegetation or turf shall be by others. 12. Existing lines, wires, pipes, or other underground structures or improvements shall be located and marked by. HBI shall repair any damage caused by HBI to marked locations. Repairs or replacement of any unmarked locations of the foregoing, or relocation if conflicting with the proposed work, shall be by others. 13. HBI shall furnish valid certificates of insurance evidencing general liability, auto liability, worker's compensation and umbrella coverage, prior to commencing work. 14. EA>4:FFbA6:F9R 15. Contract and HBI seeks to enforce allagrees to pay HBI's reasonable attorney's 16. 5011f"efOR dgmm that any e ... ploym UJ fidll,= U111pluYIDU of 1 flBI V1 dily f till related to 10 .!1— -_1 r employment nor employed in any manner, including part-time em to e ONTt : or any of its parent or affiliated com anies prinapaIs of the foregoing during the course of this agreement and for a .1961.__ _1 -..- 1, year from the 4RAI Res F feF the weirk in this affeemen . 17. CONTRACTOR understands that work methods, techniques, information, equipment, and apparatuses of HBI are proprietary to HBI. CONTRACTOR agrees not to disclose any of the above by any methods including, but not limited to: verbally, drawings, video/photographic, or electronic imaging. HBI County 18. The drawings and other documents prepared by HPI accompanying this bid proposal r submitted subsequently are the property of HBI. HBI is the author of these drawings and d currents and shall retain all commo law, statutory, and other reserved rights, including the copyright. The drawings ands fications shall not be used by the on other projects or for completion of this project by others unlessCIBING is adjudged to be in default of this agreement. Submission of documents to meet official regulatory requirements of for similar purposes in connection with the project is not to be construed as publication in derogation of HBI's reserved rights. 19. WARRANTY - HBI will warrant that the referenced work will be free from defects on materials and workmanship for a period of one (1) year from the date of final billing. Warranty period for temporary shoring, if included as an item in the contract, shall be for the period as specified for duration of temporary shoring. This warranty is in lieu of all other warranties, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. HBI's sole remedy for a breach of the warranty will be the replacement or repair of the defective materials or workmanship and in no event will HBI be liable for any consequential or special damages. Brazos —� 20. Venue for any legal proceedings, or for any other cause, shall be $elves County, Texas. This Contract shall be governed, construed, and enforced in accordance with the laws of the Stale of Texas. 21. This document constitutes the entire agreement between the parties. No previous oral statements or previous written documents shall form a part of the agreement. HMAY ARD BAKER A KELLIER COMPANY Vol. ________._ Hayward Baker Inc. P.O. Box 5000 Little Elm, TX 75068 Tel: 972-294-5000 800-422-4667 Fax: 972-294-2664 December 19, 2017 Brazos County 200 South Texas Avenue Bryan, Texas 77803 C HAYWVARD y Z� BAKER Geotechnical Construction Re: McAllester Lane Rehabilitation Project, RFP No. 18-091 Gentlemen: Hayward Baker, Inc. is pleased to present this technical proposal forthe above referenced project. Hayward Baker is part of the Keller group of companies. Hayward Baker is a corporation incorporated in the State of Delaware. Our contact information for this proposal is: Mr. Bill Little 661 Shahan Prairie Road Little Elm, Texas (972)294-5000 bwlittle@haywardbaker.com Hayward Baker is providingthis technical proposal as a design -build contractor with the design for the earth retention being handled in house by HB engineers. Any additional consulting services necessary are being subcontracted to sub consultants. These services would include Civil and Geotechnical Engineering. Hayward Baker, Inc, is a licensed engineering firm in the State of Texas (License Number F-13273). We appreciate the opportunity to provide this technical proposal as well as the accompanying cost proposal. We look forward to your consideration. Respectfully Submitted, Hayward Baker, Inc. "Ro_ Arthur Pengelly Vice President California • Colorado • Florida Georgia Illinois Maryland - Minnesota Missouri (� New Jersey New York North Carolina Pennsylvania Rhode Island KFL��� Tennessee Texas - Utah Washington Alberta British Columbia ,Ontario <, www.HaywardBaker.com www.Oldeninc.com P Equal Opportunity Employer Vol. g. _ [= Section 2 - Approach to Design The repair work design for this project would done in-house by Hayward Baker engineers. The engineers work with the HB project manager to develop the selected method while keeping the work constructible. The design is developed using equipment that the company owns or that is easily available through rental sources. Designs and methods which have been previously used for similar projects are preferred given prior experience in their application. Hayward Baker's Little Elm office is comprised of three departments consisting of estimating, engineering and project management (operations). Engineering and estimating are typically involved during the feasibility and development phase. Once a project is under contract it is assigned to a project manager who is responsible for the construction phase. Most of the work performed by our office is design build. The project manager will direct the engineers during the final design which involves the production of construction drawings. Once the design is completed and accepted, the project manager will execute the construction phase. For this project, the project manager will also direct the necessary engineering sub - consultants in the design process such that their contributions to the final design will be included within HB's design of the wall and slope repair. For the construction phase of the project, HB will develop a quality control program. HB's quality control program will identify the different processes and phases of the project which will require onsite or laboratory testing. The quality control tests may include such things as grout testing (strength and specific gravity), anchor testing (proof and verification) and load testing of micropile elements (if used). HB may employ an inspector from a certified firm as necessary depending on the work phase being performed at the time. Technique Description The remediation area for this project site is located along the south side of McAllester Lane and is designated as Area 2 in the Request for Proposal documents. Prior to heavy rains produced during Hurricane Harvey, the road was supported along the top of a large cut slope created by an adjacent borrow pit. It is understood that a large volume of water flowed into the area north of the road and dumped into the right-of-way drainage easement along the south edge of road through an existing pipe culvert. The water flow overloaded the existing slope and caused erosion resulting in a deep landslide scarp. The scarp created from the slide extended to approximately the middle of the paved roadway section for a length of approximately 60 feet. The scarp also extends to a depth of approximately 40' below the roadway into the borrow pit. A preliminary analysis of the existing slope indicates that the soil strength parameters for the exposed sandy soil materials provide only a marginal factor of safety for the 1HAV slopes currently excavated in the borrow pit. Without site specific soil boring information, the soil profile for the preliminary design is based on a single uniform layer of clayey, silty sand to a depth of 50 feet, which is approximately the total depth of the exposed borrow pit walls. The analysis assumes a current factor of safety of 1.0 to develop approximate soil strength parameters for design. Based on current FHWA and AASHTO standards, the target factor of HAYWARD BAKER �- Gemechnical Consvuccion I� Vol. Pq- .2 I safety for slopes below a roadway should be a minimum of 1.3 for global stability and 1.5 for wall systems. Based on these requirements, HBI has performed a preliminary analysis to determine the required resistances needed for proper repair of the roadway. Figure 1: Slope Condition prior to Slope Failure (Existing Slope near 1H:1V) To construct the repair, an initial excavation is required to provide a stable working platform. This will necessitate removal of slide material adjacent to the road for a depth of approximately 15 to 20 feet. In order to access the bottom of the excavation with drill equipment, the excavation will be ramped on both ends resulting in an exposed excavation length of approximately 100 to 120 feet. Temporary shoring for the excavation will be accomplished using a soil nail and shotcrete facing system. This temporary shoring system will align approximately with the current roadway centerline (i.e. back of landslide scarp). Figure 2: Soil nail and shotcrete shoring Figure 3: Temporary Shoring Cross-section system HA` WARD BAKER Geotechnical Cormaion Once a working bench hat. .en constructed, solider piers will be it,_ Med along the right-of-way alignment to provide vertical support for a new mechanically stabilized earth (MSE) wall. Piers will extend a sufficient depth to attain required vertical resistance for the design vertical loads. Piers are connected at the working bench elevation with a continuous reinforced concrete pier cap. To add lateral stability for the retaining wall system and slope, a row of permanent tieback anchors will be installed along the cap between piers. These anchors are preloaded to prevent movement of the slope during construction and after completion of the wall when traffic loads are applied. It is not anticipated that these anchors will extend beyond the current ROW limits along the north side of McAllester Lane. Once the anchors have been pre -loaded, the MSE wall will be built using a gabion basket facing and continuous geogrids placed at 3' on Figure 4: Configuration of Final Wall Figure 5: Stress Analysis of Final Wall Ground stress analysis is accomplished using a finite element analysis tool called PLAXIS. This computer program is specially designed for soil -structure interaction models and can derive states of stress and ground movements associated with each stage of construction. The program is used to verify existing soil strength parameters as well as to determine final factors of safety for the retaining wall and slope system. Based on preliminary analyses, the proposed system will provide a final Factor of Safety in excess of 1.5 as required for most highway related structures. Figure 6: Final MSE Wall configuration supported on new foundation elements (Image is for illustrative purposes only — not to scale). In order to maintain the required final Factor of Safety for the wall system, a permanent slope below the wall will be constructed at a minimum of 1.5H to I.M. Future disturbance of the final lower slope may have adverse effects on the stability of the new retaining //wall system. Compliance Page 4 of 18 Vol. with the requirements of the! el design must be understood by all pC :s, including adjacent property owners. The system that is proposed utilizes materials that should provide a typical design life for this type of work. We have been asked to address the longevity of the proposed repair as it relates to the continuation of the excavation of the borrow pit below. Provided that a wedge of soil remains up to the bottom of the retaining wall structure with a minimum slope of 1.5H to 1.0 V, we do not believe that the integrity of our system will be jeopardized. In addition to the current slide location in Area 2, several other potentially unstable areas were identified in the request for proposal documents. This remediation proposal currently addresses Area 2 only. Other remediation systems may be applicable for the additional areas under consideration based on actual soil conditions and slope configurations. At this time, HB believes that the construction schedule is achievable based upon the scope provided. HBI does not currently have an alternate schedule or timeline. Section 3 — Project Team Qualifications The staff members for this project would consist of the following: Principal/Project Manager: Phillip Kihlthau HB Design Engineers: John Edens, PE Marios Kofteros, PE Geotechnical Consultant: CME, Inc. Civil Engineering Consultant: Schultz Engineering Project References: HBI has had significant experience with wall repair projects in the State of Texas. The following projects are provided as references: Page 5 of 18 gyp) ,Z �v Pg. 3r Project Name: PGB Turnpike �' ,cott Mill Road (2015), Carrollton, Tex Client: North Texas Tollroad Authority, Victor Pavloff (214)224-3070 Description: The project involved the removal of embankment and soil nailing to arrest movement in an existing MSE wall along the PGB Turnpike. The work was performed under emergency conditions due the ongoing movement of the wall into traffic lanes below. HB performed the design for the temporary shoring and participated in the design and installation of the permanent repair of the failed section. Project Name: SH 199 Retaining Wall (2015), Azle, Texas Client: McMahon Contracting, Robert Mathis (940)231-7955 Description: The project involved the installation of a soldier pile wall to provide stability to an MSE wall that supported an existing service road which had failed after excessive rainfall. HBI redesigned the soldier pile wall to make it more constructible and to provide overall savings to the project. Project Name: Tyler Ford (2015), Tyler, Texas Client: Riley Harris Construction, Riley Harris (903)565-4664 Description: The project involved the repair of an existing gabion gravity wall which had failed resulting in movement and heave of the parking lot below which serviced the car lot. HB redesigned the wall section to become an anchored soldier pile wall. HB then performed the construction of the new wall after first removing the existing failed gabion section. Page 6 of 1 vol, Project Name: Lebanon at BNSF Slide Repair (2014), Frisco, Texas Client: City of Frisco, Texas, Paul Knipple, PE (214)292-5410 Description: The project involved the repair of an existing sloped embankment which had experienced slide failures. The slides affected both Lebanon Drive but also the private residences located along the top of the embankment. HB provided both a design build solution to the City to solve the issue with a long-term fix. Project Name: CVS Pharmacy (2015), Rockwall, Texas Client: CVS Pharmacy, Inc., Michael Doggett (Winkelman) (972)490-7090 Description: The project involved the repair of an existing MSE wall which supported a parking lot and drive through for the pharmacy. The work had to be done in a manner that did not disrupt the drive through but provide a permanent repair. HB provided a DB method to construct a new wall in front of the existing MSE which prevented any disruption to the parking lot and drive through above. Subconsultants For this project, HB has identified 2 subconsultants to work as members of the project team. These companies are listed as follows: CME —CME, Inc. will provide geotechnical services including field borings and CMT services. Schultz Schultz will provide civil engineering services. Resumes and company profiles for the subconsultants are included at the back of this proposal. Page 7 of 18 Vol. __ P,7 aC ✓ ! _ `i Section 4 — Firm Resources ( (. Hayward Baker is ranked as the largest excavation and foundation contractor in the US by ENR magazine. As such, HB has a full complement of field personnel and equipment to perform our work. HB has performed many similar projects throughout the State of Texas. The Little Elm office of HB maintains a total of 12 crews to perform these types of projects. We are presently staffed with approximately 150 employees locally. Our current backlog stands at approximately $25M in work which is an average amount for this office. HB Technical Capabilities for Other Areas Hayward Baker uses an Enterprise Resource Accounting system called Ground Works that was developed for HB using the Microsoft Access platform. All of our accounting records and expenses can be tracked weekly using this system. As previously stated, HB develops quality control programs as necessary for each project. The programs are based upon the type of work that is being performed. The programs consist of inspections, field and laboratory tests and may be administered by a field engineer depending on project size. Hayward Baker maintains a written safety and accident prevention program known internally as ThinkSafe. Our local office has a full time Safety Coordinator who administers our safety training and inspections. Copies of our program are available upon request. Hayward Baker has worked with the State of Texas as well as various counties and cities through the state including Dallas, Fort Worth, San Antonio and Austin. Some of the case histories included in this proposal are for municipal clients. We can provide a longer list of state and local governments upon request. RESUMES Page 9 of 1 t HAYWARD BAKER, INC. I KEY PERSONNEL RESUMES I. GENERAL MANAGEMENT AND ADMINISTRATION Pengelly Arthur—Vice President Mr. Pengelly is a graduate of the University of Arkansas at Little Rock. Prior to joining Craig Olden as President in 2008 he worked for Hayward Baker. Beginning in 1985, Mr. Pengelly worked in a variety of capacities while at HBI including Senior Vice President. His current duties include overall management of the company including responsibility for P&L and integration of the organization into the Keller Group of companies. II. CONSTRUCTION MANAGEMENT AND FIELD OPERATIONS Dixon Chris - Field Operations Manager Mr. Dixon is an 1978 graduate of Trinity College and has over 25 years' experience in Construction Management. He has been with the company since 1994. Mr. Dixon is responsible for and coordinates all activities in the field, including project scheduling, manpower planning requirements, equipment scheduling, and subcontractor activities. Weaver, Tim — General Superintendent Mr. Weaver is responsible the direct supervision of all project superintendents. He has been with the company since 1994 and has over 25 years of construction experience. His responsibilities include pre -construction planning and supervision of all project superintendents and foremen. III. PROJECT MANAGERS / ENGINEERS Schrantz, Marty — Senior Project Manager Mr. Schrantz has 20 years of construction experience with the last 10 years in Project Management. His responsibilities include managing advanced earth retention projects, estimating, problem solving, QA/QC and monitoring project safety. He assists the Field Operations Manager with manpower planning and project scheduling. McMillan, Bret - Project Manager Mr. McMillan is a graduate of The University of Texas at Arlington, has over 10 years of experience in construction management and design, and is a licensed Professional Engineer in the state of Texas. Mr. McMillan has been with the company since 2012 and is responsible for project management, including contract negotiations, change orders, cost controls, scheduling, invoicing and payments. Joel R. Clark, PE — Senior Design Engineer Mr. Clark has 23 years of experience in civil engineering and construction management and has been with the company since 1993. Areas of expertise include geotechnical engineering; expansive soils, erosion control, ground modification and slope stabilization. He has been Page 10 of 18 vol -�-!/ Pg. ago involved in the design of n (/ ;rous earth retention structures am' ope remediation/stabilization projects. Mr. Clark is responsible for designing and overseeing the construction of earth retention, soil modification and slope stabilization projects. Marios Kofteros M.S.C.E., PE — Senior Desiqn Engineer Mr. Kofteros has 14 years of experience in civil engineering and construction management and has been with the company since 2001. Areas of expertise include geotechnical. engineering, expansive soils, rock mechanics, erosion control and slope stabilization. He has been involved in the design of numerous earth retention structures and slope remediation/stabilization projects. Mr. Kofteros is experienced in in advanced numerical analysis of a wide range of geotechnical project applications and he is responsible for designing and overseeing the construction of earth retention and slope stabilization projects. !V. GENERAL Mitchell Cavin —Warehouse / Maintenance Manager Mr. Mitchell has been employed with Craig Olden, Inc. since 1997. His responsibilities include the purchase, inventory, and shipment of all materials, supplies, and tools to all project sites and warehouse; supervision of maintenance and fabrication for all heavy equipment, vehicles, and construction operations. Page 11 of 1EV-01 � �- -- Pg• I �HULTZ ENGINEERING, LLt Statement of Qualifications Schultz Engineering, LLC is a civil engineering consulting firm located in College Station, Texas. The firm was founded in 2010 by Joe Schultz, P.E. Mr. Schultz has 33 years of engineering experience with 19 years of experience with land development in the Bryan/College Station area. Deven Doyen, P.E. joined Schultz Engineering, LLC in January of 2012. Mr. Doyen has over 10 years of engineering experience in public and private land development. Schultz Engineering, LLC has performed a wide range of engineering services to private, governmental and industrial clients. Our skills and abilities lend themselves well to the following types of work. • Urban & Rural Residential subdivision planning and infrastructure design • Commercial site planning & development • Water distribution main design • Wastewater collection line design • Street construction layout & design • Street rehabilitation design • Storm water drainage improvements • Sidewalk improvements • Feasibility Studies • Private lake design • Hydraulic & Hydrologic Analysis Page 12 of 18 VOI. _ P9• ==- The work experience of the staff of Schultz Engineering, LLC. includes the following representative clients and projects: Client Proiect Greens Prairie Investors, Ltd. Castle Rock Subdivision Castlegate II Subdivision DWS Development Inc 12 @ Rock Prairie Subdivision Pershing Point Villas Subdivision Saddle Creek Partners Saddle Creek Subdivision • Bryan/Traditions, LP The Traditions Subdivision The Traditions Clubhouse Facility Parc Traditions, LP PARC at Traditions Senior Living Center Furman & Keil Architects Greater Texas Foundation Office Building • Johnson Investments Williams Creek Subdivision Williams Creek Lake Estates • Brazos Valley Health Realty TAMU - Health Science Center - Clinical Building 1 Orthopedic Center of Excellence • Heath Phillips Investments, LLC The Barracks II Subdivision 60 -Janes Associates, LLCAggieland Business Park • Spring Creek CS Development, LTD Spring Creek Gardens, Phase 3 • 3D Development Castlegate II Subdivision • TAMU Research Foundation Graham Road Industrial Park I & II TDI/Brooks International Warehouse, Laboratory & Office Facility • City of Bryan Echols Street Rehabilitation Park Hudson Phase 10 Infrastructure Linda Lane Waterline Project • Godfrey Residential Group Gramercy Park Apartments • Caprock Texas Barron Road Medical Office Building Caprock Crossing Development The Shops at Caprock Crossing Mills Park Office Building Ev. �- P9• Ground Shuttle at Caprock Crossing Casa Do Brasil Cunningham Walters Properties Walgreens KBD Group Toyo Ink Expansion MJBS Holleman, Ltd. University Heights Subdivision CC Creations Parking Lot Expansion Traditions Acquisitions Partnership, LP Hidden Bridge Condos Game Day Cottages Stella Hotel Maturewell Facility Traditions Subdivision Aggieland RV Park, LLC Aggieland RV Park Beck Architecture, LLC Nutrabolt Headquarters Brownstone Architects & Planners, Inc. The Hawthorne at Traditions Apartments Children's Design Group Primrose School — College Station Carriage Services, Inc. Hillier Funeral Home Kalcorp Enterprises, Inc. Aggieland Outfitters Williamson Group Architect Black Dental Clinic BCS Leasing LLC Kurten Business Park Kyle Development Heritage Lake Estates R. L. Payne & Associates Kreuz Market BBQ St. Joseph Clinic Brazos County Bank The projects listed above are offered as evidence of our abilities and expertise to provide civil engineering services. These projects typically involve the development of detailed construction drawings for water, sewer, drainage and street systems. Close coordination with the owner, contractor, city staff and other utility providers were necessary to complete the project within the scheduled time frame. HAYWARD BAKER Geotechnical Consvuction EV. Two of the projects listed above are prime examples of continued involvement in project success demonstrated by the professional staff of Schultz Engineering, LLC. The Traditions Subdivision and the Castlegate Subdivision are large, multi-year and multi -phased projects. Initial planning for both involved long-range concepts that were built into the development program to achieve the aesthetics and environment desired by the owner. Mr. Schultz has been involved from the inception of these projects by providing expert advice and professional designs. Changes in the economy, housing market and local government requirements often dictated that adjustments to the original plan be made, and Mr. Schultz has been able to modify its designs as these challenges presented themselves. This flexibility and willingness to adapt are tangible examples of the commitment that Schultz Engineering, LLC offers its clients. References. Eddie Hare Jim Jett Bryan/Traditions, L.P. 60 -Jones, LLC The Traditions Subdivision Aggieland Business Park (979) 821-2582 (979) 571-4341 Wallace Phillips Jesse Durden Greens Prairie Investors, Ltd. Caprock Texas Castlegate Subdivision Caprock Crossing Development (979) 690-7250 (979) 492-0425 Joe Johnson Robert Payne, AIA Johnson Investments, Inc. R. L. Payne & Associates Williams Creek Subdivision Brazos County Bank (979) 229-0311 (979) 696-7272 M.L. Schehin John Jordan Saddle Creek Partners, Ltd. Rose Rock Capital Saddle Creek Subdivision HSC Clinical Building 1 (979)690-2642 (979)823-8525 William A. Brown David Scarmardo Brownstone Architects & Planners, Inc. DWS Development, Inc. The Reserve at Traditions Apartments 12 at Rock Prairie Subdivision (713) 432-7727 (979) 229-5118 Paul Kaspar, P.E. John Godfrey City Engineer Godfrey Residential Group City of Bryan 21 Gramercy Park Apartments (979)209-5030 (979)731-1700 Bernie Bernard Justin Whitworth TDI — Brooks International, Inc. Worth Acquisitions, LLC TDI — Brooks Office/Lab Aggieland RV Park (979) 690-2787 (979) 739-4930 Heath Phillips Heath Phillips Investments, LLC The Barracks II Subdivison (979) 229-5906 HAYWARD BAKER Geotechnical Construction Leon Williamson Williamson Group Architects Black Dental Office (979) 775-1778 Vol. Pc?. '2�z- Joe Schultz, P.E. Manager — Schultz Engineering, LLC. Education Bachelor of Science in Civil Engineering, Texas A&M University, 1984 Professional Engineer Registration Texas No. 65889 Professional Affiliations American Society of Civil Engineers (Past President of Brazos Branch) Continuing Education Mr. Schultz participates in continuing education as required by the Texas Board of Professional Engineers Experience Mr. Schultz has 33 years of consulting and civil engineering experience covering a broad range of projects in the public and private sectors including: commercial site and residential subdivision development; water distribution; wastewater collection; storm water drainage; dams and spillways for recreational, detention and sediment control reservoirs; and surface water control for the lignite mining industry Mr. Schultz's responsibilities have included all levels of project involvement including problem identification, conceptual design, development and analysis of alternatives; preliminary engineering studies and reports, project design, preparation of construction drawings and technical specifications, project management of project team consisting of engineers/technicians/drafters/outside consultants, construction contract administration and client liaison. Mr. Schultz is proficient in computer modeling using computer programs HEC -HMS. WaterCad and AutoCad Civil 3D. Employment History 2010 -Present Schultz Engineering, LLC. — Manager/Principal 2008-2010 Harle Engineering Company, Civil Engineer 2006-2008 Civil Development, Ltd. — Partner & Engineering Manager 1998-2006 Texcon General Contractors — Engineering Division Manager 1990-1998 Texas Municipal Power Agency — Civil Engineer for Lignite Mining Operations 1989-1990 Northwestern Resources — Civil Engineer 1984-1989 BME, Inc. Graduate Engineer for Geotechnical & Materials Testing Firm HAYWARD BAKER P0,J Geotechnial Consvuction CME ENGINEER RESUMES Lead Engineer - M. Frederick Conlin, Jr., P.E., J.D. Texas P.E. License No. 44481— Expiration December 31, 2017 (Will be renewed prior to expiration date) Position Senior Engineer (Geotechnical/Construction Materials/Environmental) Education B.S., Civil Engineering, Tulare University, 1970 M.S., Civil Engineering (Geotechnical/Structural Engineering), University of Texas at Austin, 1972 J.D., University of Houston School of Law, 1977 46 Hours in Graduate Environmental Engineering Work, Oklahoma St University, 1988-1992 Years of Experience 42 Years of Geotechnical Engineering Experience Areas of Expertise Mr. Conlin's experience with geotechnical and structural projects has included the following activities: *Conducted subsurface investigations using convention soil and rock sampling tools as well as geophysical tools. *Assigned and performed geotechnical laboratory testing of soil and rock samples including classification testing, strength testing, consolidation testing, and permeability testing. *Performed seepage analysis for water impoundment structures. *Performed slope stability analysis for earth dams, deep mine excavations, roadway embankments, and drainage channels. *Performed analyses of distressed pavement systems, formulated rehabilitation plans for distressed streets and parking areas, and performed design of new pavement systems. *Performed lateral analysis of foundation elements for onshore energy exploration structures, breasting dolphins, wharfs, and ship piers. *Formulated construction materials testing programs for various projects and oversaw implementation of those programs which included soil testing, Portland cement concrete testing, asphalt concrete testing, structural steel observation and connection testing, slab levelness analysis, and fire proofing testing. *Performed structural design of building superstructures and foundation systems for a variety of office buildings, warehouses, shops, retail stores, sport courts, and residences. Supporting Engineer - G. Taylor Stinson, P.E., M.S. Texas P.E. License No. 127726 — Expiration June 30, 2018 Position Project Engineer (Geotechnical/Construction Materials/Structural/Environmental) Education B.S., Civil & Environmental Engineering (Structural Engineering Focus), Christian Brothers University, 2012 M.S., Civil Engineering (Geotechnical/Seismic Engineering), University of Memphis, 2013 Years of Experience 5 Years of Geotechnical Engineering Experience a6AYO01/` RD BAKER _ 7 Geotechnical Construction uononnsuo] Iemugoasaag U331VS ®av/b1A'0 H Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to 18-091 Request for Proposals for Design -Build Services for McAllester Lane Rehabilitation Project Issued: December 11, 2017 Change: Clarification; Correction Reason: Vendor Questions and Clarifications The following additions, deletions, changes, or clarifications to the Request for Design -Build Services for McAllester Lane Rehabilitation Project are hereby made a part of the originally issued documents as fully and as completely as though the same were included therin. 1. Existing OH Electrical Line The existing overhead electrical line located along the south side of McAllester Lane is located outside of the county Right -Of -Way. The County is coordinating with the provider. 2. Temporary Construction Easement • The temporary construction easement of 30' x 150' as indicated on page 5 of the RFP is amended to be 100' x 200'. • Attached are the temporary easements and access easement. 3. Temporary Road By-pass The County will remove the temporary road by-pass once the project is complete. 4. Agreements to be in place prior to beginning construction activities: • An agreement from the pit owner that there will be no operations within 750 feet of the road repair construction site. • An agreement from the pit owner to indemnify, defend, and hold harmless the County and the County's contractors and subcontractors for any liability related to damage to the adjacent house on the pit owner's side of the road. 5. Attached is the basic structure for the Design -Build contract. EJCDC D-512 — Agreement Between Owner and Design -Builder for Progressive Design -Build EJCDC D-700 — Standard General Conditions of the Contract Between Owner and Design - Builder 91 EVol. �_._---- P9' � , 6. Aesthetic requirements for retaining wall facing. No aesthetic requirements will be used. The retaining wall must be maintainable. 7. As-builts for existing utilities in the R.O.W. Brazos County foes not currently have existing utility as -built information. All know buried utilities are on the North side of the R.O.W. All provisions which are not so amended or supplemented remain in full force and effect. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement Signature: Printed Na s o,, Brazos County *� Purchasing Department of 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #2 to 17-243 Renovation of Building for Employee Medical Clinic & Voter Admin. Issued: December 8, 2017 Change: Clarification; Correction Reason: Vendor Questions The following additions, deletions, changes, or clarifications to the Request for Design -Build Services for McAllester Lane Rehabilitation Project are hereby made a part of the originally issued documents as fully and as completely as though the same were included therin. 1. Existing OH Electrical Line The existing overhead electrical line located along the south side of McAllester Lane is located out side of the county Right -Of -Way. Coordination with provider will be completed by the County 2. Temporary Construction Easement The temporary construction easement of 30' x I50' as indicated on page 5 of the RFP is amended to be 100' x 200'. 3. Temporary By-pass Question: Will the contractor be responsible for removing the temporary by-pass currently used by residents. Answer: No. The County will remove the temporary by-pass once the project is complete. All provisions which are not so amended or This addendum should be signed by an autl with the bid documents asApbcifieA in Acknowledgement of Signature: _ Printed Name: remain in full force and effect. itative of the respondent and returned 1V07,-`:(1:_ P97Z'Z_/ P. Evaluation Waiver By submitting a proposal or response, each firm/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Proposals or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The firm further agrees the Owner reserves the right to waive any requirements under the documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION "The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Respondent's Respondent's Signature: V Date: Subscribed and sworn to me on this day of -beNM64Kin the year Z41 Nc��- Notary Public My Commission expires 01-67- g61 i AUC GARCIA Jotory Public, State of 7ex0 s < Comm. ExplFes Ot-07.2019 Natoty ID 697539-9 11 VCA. --- P�' - I Q. House Bill 89 & Non -Debarment Verification 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 Administration's Excluded Parties List System (EPLS, https://www.sam.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 https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. R. CERTIFICATION OF PROPOSAL The undersigned further affirms �y are duly authorized to execute this Submittal, that this Submittal has no een p par d in coil sion with any other Firm, and that the contents of this Submittal have of unicated o any other Firm prior to the official openin ,c Signed By: Title: l Typed Name Company Name:1 (! l lig �/, —��// Phone No. 7 7,7—'Z9 '? —5O� Mailing Address: !� � � L/1�%� �i� 7nms P. O. Box or Street City State Zip Employer Identification Number: 59'.26,5n Z36 Social Security Number: Acknowledgement of Addendum #1 V/"92 #3_ #4_ 95 Initial Each Received CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF REQUEST FOR PROPOSAL NO. 18-091 By signing below, Brazos County agrees that this RFP 18-091 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 a Attest: Brazos County Clerk, REQUEST FOR PROPOSALS FOR DESIGN -BUILD SERVICES FOR MCALLESTER LANE REHABILITATION PROJECT RFP No. 18-091 DUE DATE: Tuesday, December 19, 2017 @ 2:00 P.M. C.D.T. Brazos County Administration Building 200 S. Texas Ave., Ste. 352 Bryan, TX 77803 (979)361-4292 RFP Contact Wm. Charles Wendt Purchasing Agent 979-361-4292 cwendt@brazoscountytx.gov val. Pg. a2 Pase 1 A. Introduction Brazos County (County) requests proposals in accordance with the instructions in this document, for a Design -Build (DB) firm. This Request for Proposals (RFP) will follow the Government Code, Section 2269.361, utilizing a combination of technical and cost proposals for selecting a DB firm. Each firm shall submit a sealed technical proposal and a separate sealed cost proposal. The RFP provides information necessary to prepare and submit qualifications along with technical proposal information for consideration by the County and the County's Consultant. The County will select one (1) firm based on qualifications and "best value". Technical proposals will be received by the Brazos County Purchasing Department until Tuesday, December 19, 2017 at 2:00 p.m. CST and publicly open and acknowledged at the Brazos County Purchasing Department, Brazos County Administration Building, 200 South Texas Ave., Suite 352„ Bryan, Texas, 77803. Firms may either use their own forces or develop a team with design professionals and/or contractors and sub -consultants and/or subcontractors. If a firm is unable to meet all qualifications in this RFP and requires a sub -consultant or subcontractor to do so, the firm is encouraged to explore the use of firms in the Brazos County area who can help provide services to meet all necessary qualifications. Technical proposals should be submitted in accordance with the requirements set forth herein. Only written technical proposals submitted before the designated deadline shall be considered. Late submittals will not be accepted. Each firm is responsible for ensuring responses to this RFP have been delivered by date, time, and location specified. In order to ensure a fair and objective RFP process, all questions related to this RFP shall be submitted in writing via the Brazos Valley Online Bidding System at https://brazosbid.cstx.gov . The deadline for written questions and inquiries is Tuesday, December 12, 2017 at 5:00 pm, CST. A pre -submittal meeting will be held on Thursday, December 7, 2017 at 2:00 pm CST at the Brazos County Purchasing Department, Brazos County Administration Building, 200 South Texas Ave., Suite 352, Bryan, Texas 77803. The County believes that the data contained in this RFP is sufficient for the preparation of a proposal. Requests for additional information will be considered depending on the RFP timeframe and the availability of the requested information. No responses will be provided to questions submitted in any other manner. va. Pg• Page 2 B. Definitions Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials or Court of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time. d. COUNTY'S CONSULTANT — The County's Engineer consultant representing and assisting the county for the duration of this project. e. FIRM — An entity submitting a proposal in response to this Request for Proposals. f COUNTY - The government of Brazos County, Texas and its authorized representatives. g. FEE PROPOSAL — A Respondent's written response outlining a proposal of fees for services for the described work. h. PROPOSAL, — A Respondent's submittal package including a Qualification Statement. i. RESPONDENT—'An individual or group that submits a submittal package in response to this RFP. C. Tentative Schedule of Events Release of RFP............................................................Wednesday, November 22, 2017 Advertisement Dates .................................................... Wednesday, November 22, 2017 Wednesday, November 29, 2017 Pre -Submittal Meetin.................................... Thursday, December 7, 2017 at 2:00 pm CST Deadline for Questions..................................Tuesday, December 12, 2017 at 5:00 p.m. CST SOQ/ Proposal Submission Deadline .................Tuesday, December 19, 2017 at 2:00 p.m. CST SOQ Review/Notification of award..........................................Friday, December 22, 2017 Anticipated Design Kick-Off...................................................Tuesday, January 2, 2018 30% Design Submittal............................................................Thursday, January 18, 2018 60% Design Submittal.........................................................Thursday, February 1, 2018 Submittal of GMP..............................................................Thursday, February 12018 90% Design Submittal.......................................................Thursday, February 15, 2018 100% Design Submittal..........................................................Thursday, March 1, 2018 Pre -Construction Meeting........................................................Thursday, March 15, 2018 Substantial Completion...........................................................Thursday, May 10, 2018 Final Completion...................................................................Thursday, May 24, 2018 vd. � Pg. 5� I Page 3 D. Pro iectDescription The Project is summarized as follows: The successful team will provide design -build services for the timely remediation and repair of a failure on McAllester Lane, west of Stewart's Meadow in Brazos County. The team must deliver all necessary services associated with the design and construction for the repair work in a time sensitive manner. Those services include but are not limited to: • Site reconnaissance • Site topographic survey • Identification and coordination with all regulatory agencies and determination of necessary permitting authorities (TCEQ, TxDOT, etc.) • Various meetings including stakeholder meetings • Geotechnical investigations and recommendations • Environmental investigation and permitting (if required) • Erosion control • Preparation of drawings, specifications, and opinion of probable construction cost • Generation of a Guaranteed Maximum Price (GMP) • Bid services for any necessary subcontractors • Construction phase services • Record documents The successful design -builder shall provide all necessary design documents to be approved by the County and the County Consultant. This includes all necessary pre -design services, including but not limited to schedule, geotechnical investigation, environmental investigation, recommendations, and topographic surveys. The design must be undertaken by a licensed Professional Engineer in the State of Texas. McAllester Lane is a county road in west Brazos County. The road and right-of-way are adjacent to an existing sand and aggregate pit. The combination of the excavation in the pit and recent rain events have caused erosion that has undermined and damaged the road section and made it un -safe to the public. The County has established a temporary easement and bypass with an adjacent land owner. This temporary solution, however, does not allow for two way traffic or the passage of large vehicles such as school busses, and the temporary easement and bypass that is in place will need to be removed soon. The County seeks to stabilize the adjacent slope, replace the subgrade, repair the failed street section, and have a maintainable Right -Of -Way. The County does not have a plan to achieve this and is seeking experts in the field to submit a turn -key design -build solution. For this submittal the design -builder shall submit a proposed technique to achieve this goal. Additionally, the design -builder should submit similar projects in which this technique has been successful. va. Pg. a<-2 d Page 4 Brazos County expects the successful design -build team to propose a design that utilizes best practices for geotechnical construction and bank and subgrade stabilization. The County seeks to ensure the proposed solution will function for the duration of the street's lifespan. The design - builder can plan to have a 30'x150' working area inside a temporary construction easement, outside of the County's Right -Of -Way (R.O.W.). Time is of the essence and the overall project timeline is very important. The above timeline cannot be exceeded; however the County is very interested in any proposals that may save time on the project and compress the schedule. The design -builder shall submit project schedules for the design and constriction processes. Additionally, the design -builder's submittal shall discuss proposed construction techniques and their impact on the overall design and constriction timelines. E. Technical Proposal— Minimum Requirements. The technical proposal must not exceed 20 pages including the cover letter with a minimum font size of 12 pt. single spaced. The technical proposal should be comprised of four sections that include and address each of the items noted below. Submittals are to provide the information requested below and should reference the identical section headings and section numbering as indicated. A specific response is required to each of the following sections and should include the information described below. Failure of a responding firm to submit a completed technical proposal will render the respondent's submittal to be deemed Non -Responsive and it will be rejected. Section 1 —Letter of Introduction 1. Provide a letter of introduction signed by an authorized officer of the organization. Provide contact information including name, street and email address, and phone number of the firm. State whether firm is a partnership, corporation, or sole proprietorship, where it is organized, office locations and the names of the principals, officers and directors of the firm. 2. Describe the relationship and previous successful partnerships or teaming opportunities between the Engineering firm and construction firm if they are different entities. 3. Certification that the Engineering firm is legally licensed to conduct business in the State of Texas. Section 2 — Statement of Firm/Team Approach 1. Describe the organization and responsibilities of your firm/team for this project and general project management approach, demonstrating overall vol. 02 G Pg. �2 1 Page 5 ability of firm/team to perform the specific services. Include a description of the firm's Quality Control program and procedures. 2. Describe the firm/teams approach and technique to restore McAllester Lane and Right -Of -Way to a usable and maintainable state. 3. If available, propose an alternate schedule and timeline. The proposed time line in this RFP is the maximum available. 4. With the proposed technique life expectancy, how will the system perform and/or react to additional sand pit excavation or disturbance. Section 3 — Proiect Team Qualifications I . Project Team - Identify the staff members within the firm proposed to serve on the project team for the County. Provide their resumes with qualifications and availability to undertake the project. Resumes should not exceed 1 single - sided page and are not included in the 20 -page limit. The following key team members should be included: a. Principal -In -Charge; b. Project Manager(s) / Project Engineer(s); c. Surveyors and other professional staff; d. Professional consultants; e. Construction Superintendent; f. Others as needed. 2. Experience a. List company or individual team member's experience in providing similar techniques proposed. Include name of projects, clients, city and state; and project descriptions for a range of five to ten (5-10) projects completed in the past five (5) years. b. Include for each project at least one reference contact. Contact may include project owner, construction manager of project or general contractor. 3. Sub -consultants - Identify all proposed sub -consultants or sub -contractors. List their license numbers and dates as well as business addresses, phone numbers and fax numbers. Include descriptions of related project experience for appropriate members of these firms. Resumes for sub -consultants should be included with the resumes for prime team members. Section 4 — Firm Resources 1. Provide a statement demonstrating your firm's or team's ability to accomplish work in a comprehensive and thorough manner. Numerous otherprojects may run concurrently or overlap sequentially or work may be required simultaneously. Please define your firm's ability to staff accordingly. Vol. Page 6 2. Provide the current workload for each of the individuals your firm is committing to work on this project, including concurrent projects. 3. Explain the firm's technical capabilities in the following areas: a. Job costing/tracking b. Quality control/assurance procedures. c. Safety/accident prevention Experience working with Brazos County, or other Texas counties or municipalities. F. Evaluation and Award Technical proposals will be reviewed and evaluated by County staff, and ranked based on the following considerations: 20 possible points 1) Demonstrated record of experience providing high quality, accurate and timely delivery of services to government and private clients; well- established, documented and effective quality control and safety program. 20 possible points 2) Approach to successful remediation of existing conditions 15 possible points 3) Proposal creativity including budget and schedule considerations 25 possible points 3) Qualifications of the key project team members who will be assigned to a contract 20 possible points 4) Firm's previous experience and past performance in working with projects of a similar nature including the longevity of solutions. The technical proposals will compose sixty percent (60%) of the final score and cost proposals will compose forty percent (40%) of the final score. After all responsive technical proposals are evaluated, the cost proposals from responsive firms will be opened and evaluated. This cost proposal shall be sealed in a separate envelope and marked as "18-091 Cost Proposal". The cost proposal shall provide the following information: I . A proposed Design -Builder's Fee, expressed as a percentage of the Cost of the Work for design services. 2. A percentage above the Cost of Work that will be paid as profit. The Cost of Work will include actual, documented costs including company overhead. 3. Project estimate will be provided based on the methodology proposed in the technical proposal. This is an estimate only and it is understood that its accuracy is highly variable, depending on actual conditions encountered. In the event that the County requires additional information or clarification, interviews may be conducted with selected individuals or firms. County staff will make a recommendation to the Commissioners Court for the final selection and award. Vol. 07 4/4 Pg.� Page 7 Respondents may be disqualified and their responses not considered, among other reasons, for any of the following specific reasons: The Respondent being involved in any litigation against the County. 2. The Respondent being in arrears on any existing contract or having defaulted on a previous contract 3. Lack of competency as revealed by a financial statement, experience, equipment, questionnaires, etc. 4. Uncompleted work which in the judgment of the County will prevent or hinder the prompt completion of additional work, if awarded. 5. Respondents shall not owe delinquent property tax in Brazos County G. Agreement The selected DB firm will be requested to enter into a Design -Build service agreement with the County. The agreement with the County will provide the selected consultant an opportunity to provide needed services based on a scope of work for each identified project and agreed upon billing rates. An agreement must be executed and returned to the County within seven (7) days after it has been delivered or mailed to the successful firm(s). H. Submittal Form Technical proposals and cost proposals must be submitted SEPARATELY each in a sealed envelope including one (1) original and five (5) hard copies. The one (1) original and five (5) hard copies are to be bound by stapling in the upper left-hand corner. DO NOT submit packages in binders, comb -bindings, or other methods. All submittals must contain the requested information. If the submittal is made by a partnership, the name(s) and address of the general and limited partner(s) and the managing partner(s) must be shown. If made by a corporation, the submittal must show the name of the state under which the laws of the corporation was chartered, and the names, titles and address of the president, secretary, treasurer, manager, and agent for service of process. Both submittals shall be submitted separately in sealed envelopes bearing the name of the individual or firm, their address, and labeled "Design -Build Services for McAllester Lane Rehabilitation Project- Technical Proposal' and "18-091- Cost Proposal". It is the sole responsibility of the individual or firm to ensure that the submittal is received in a timely manner. Any submittals received after the scheduled closing time for receipt of submittals will be returned to the individual or firm unopened. It is mandatory that responses to this RFP be submitted to the attention of the Purchasing Agent - No other collateral or reference materials should be submitted, but a company brochure will be accepted. The total volume of the proposal to comprehensively respond Vol. pg. QZ�� I Page 8 to these items may be no longer than 20 single -sided pages excluding front, back covers, tabs and Project Team resumes. Resumes should be included at the end of the document under a separate tab. Owner reserves the right to negotiate the Design -Builder's Fee, or to propose alternative compensation methods. I. Trade Secrets, Confidential Information and the Texas Public Information Act Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted by awarded firm are subject to release by the County as public information. If the awarded Respondent believes that the Proposal response, or part of it are confidential, as proprietary information, they must specify that either all or part is excepted, and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All parts of the awarded vendor's Proposal which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. All unsuccessful proposals will be returned to the unsuccessful offeror per the Texas Government Code, Chapter 2269.364. No portions of the unsuccessful proposals will be communicated, shared, released or disclosed to any person or vendor, except for the evaluation committee. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Respondents. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. J. Conflict of Interest 1. The Respondent shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this Proposal, the Respondent certifies and represents to the County the Respondent has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. Vol. W pg. 0U3 I Page 9 K. Conditions of Submittal The following instructions apply to all Requests for Proposals and become a part of terms and conditions of any submittal to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Request for Proposals. All Respondents are required to be informed of these terms and conditions and will be held responsible for having done so: 1. Upon acceptance and approval by the Commissioners' Court, this submittal effects as part of the working contract between Brazos .County and the successful respondent for the period and/or project designated. 2. Submittals must be received by the Purchasing Department prior to the time and date specified. Late submittals will not be accepted for any reason. 3. The County reserves the right to accept or reject in part or in whole, any submittal, and to waive any technicalities deemed to be in the best interest of the County. 4. Brazos County will not be responsible for any verbal communication between any employee of the County and any potential firm. Only written Proposals will be considered. 5. Brazos County reserves the right to reject any submittal that is not fully responsive to each specified item. 6. Each Submittal nmst include Employer Identification Number or Social Security Number for the submittal to be valid. 7. Should there be a change in ownership of the awarded firm; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is non -assignable and nontransferable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty (30) days written notice is given. 4. Acceptance of the plans shall be made by Commissioner's Court when all terms and conditions have been met to the satisfaction of the Court, including the submission to the County of any and all documentation as may be required. 10. Submittals cannot be altered or withdrawn after receiving time without written approval of Commissioner's Court. Page 10 11. Submittals will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a submittal be considered if submitted to any other person or department other than specifically instructed department. Submittals shall include full firm name, mailing address and telephone number and be manually signed by an authorized representative. 12. It is our policy not to furnish ranking results over the phone. 13. It is the intent and purpose of Brazos County to solicit competitive responses through the RFP process. It shall be the firm's responsibility to advise the County of any language, requirement, or any combination thereof. inadvertently restricts or limits the requirements stated in this RFP to a single source Such notification must be submitted in writing and must be received by the Brazos County Purchasing Department no later than five (5) business days prior to the Proposal opening date. A review of such notification will be made. 14. Questions regarding this RFP shall be submitted in writing through the Brazos Valley Online Bidding System 15. All RFP's shall be submitted in accordance with the instructions herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. 16. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing Submittals in response to this RFP. 17. At the public opening, there will be no disclosure of contents and Proposals will be kept secret during the negotiation process. 18. This RFP process shall adhere to procedures and requirements of Texas Government Code Chapter 2269 (all respondents are encouraged to review this code). 19. Submittal shall be clear, concise, and in conformance with requirements listed herein. 20. Brazos County is exempt from Federal Excise, State Sales and Transportation taxes. Tax exemption certificates will be executed by the Purchasing Agent upon request. 21. Payment terms are no later than thirty (30) calendar days after the receipt of the invoice by the Brazos County Auditor's office. Payments will be made after Page 11 approval at a regularly scheduled meeting of the Brazos County Commissioners Court. 22. The successful firms will be selected based on demonstrated competence and qualifications and other evaluation factors; and contract negotiations will begin with the most highly qualified firm or firms as determined by the County. If a satisfactory contract cannot be negotiated with the most highly qualified firm or firms, as set out herein; the County shall formally end negotiations with such firm and shall select the next most qualified firm. The County shall negotiate with such firm(s) to reach a fair and reasonable price. This process will continue until a successful agreement can be reached by both parties. 23. Brazos County reserves the right to retain the winning firm for the original term of this contract and no more than two (2) additional one (1) year extensions if approved by both parties. The rates negotiated during this process will apply to those contract extensions. 24. All firms must complete and sign the House Bill 89 & Debarment verification form at the end of this RPP. Prior to award, the successful firm will be required to complete the Texas Ethics Commission 1295 form. L. Addenda and Modifications 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in section R. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the Respondent, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley Online Bidding System website and will become a part of the Proposal package, having the same binding effect as provisions of the original Proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than five (5) business days prior to the Submittal deadline. 3. All addenda, amendments and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing Proposal responses. Val. pg. 02 t° �0 ! Page 12 4. The County does not assume responsibility for receipt of any addendum sent to interested parties. 5. A copy of all addenda issued must be signed and returned with your Submittal. M. Examination of Documents and Requirements 1. Each Respondent shall carefully examine all RFP documents and be thoroughly familiar with all requirements of Submittal. 2. Before submittal, each firm shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve firms of the obligation to comply, in every detail, with all provisions and requirements of the RFP. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, applicants, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos Countv Commissioner's Court meets to consider award of the submittal. Any such contact will be grounds for reiection of the vendor's proposal. N. Award I. Brazos County, at its sole discretion, reserves the right to reject any or all proposals, reject any particular item on a submittal, and to waive immaterial formalities and minor technicalities and to accept the proposal that is most advantageous to the County. 2. All technical proposals are evaluated for compliance with the RFP. Failure to comply with the listed conditions of submittals may result in disqualification. . 3. In case of tie submittals, preference will be given to local firms. Should there be a tie among local Respondents; the tie will be broken by drawing of lots by the County Judge at a regularly scheduled open meeting of the Brazos County Commissioners' Court. 4. Before the County may award a contract to a nonresident Respondent, the nonresident Respondent's Proposal will be subjected to the same criteria that a Texas Respondent would be subjected to as a nonresident Respondent in the nonresident Respondent's home state. Vol. Pg. I Page 13 5. Any contract made, or purchase order issued, as a result of this RFP shall be entered into in the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Respondent agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State and local laws, regulations and executive orders to the extent that the same may be applicable. Respondent further understands and agrees that venue shall be in Brazos County, Texas. 6. NO INDIVIDUAL OR ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT BRAZOS COUNTY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSALS. 7. An agreement must be executed and returned to the County within twenty (20) days after it has been delivered to the successful firm(s). O. Insurance INSURANCE REQUIREMENTS Before commencing work, the successful firm shall be required, at his own expense, to furnish Brazos County Purchasing Department with evidence showing insurance coverage, meeting the minimum levels set forth below, to be in force throughout the term of the contract: The following listed Insurance Requirements are considered the "Minimum" for any Contractor 1 Professional Service Provider to work on behalf of BRAZOS COUNTY l) Commercial General Liability General Liability with a minimum limit of General Aggregate limit shall apply per project Products-Comp/Ops Aggregate Personal Injury & Adv. Liability 2) Automobile Liability Owned/Non-Owned and Hired 3) Workers Compensation Coverage & Employers Liability w/waiver of subrogation 4) Umbrella IExcess Liability 5) Professional Liability (E & O) (Engineers Only) 6) Additional Requirements: MO I 'r $1,000,000 per occur $2,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory $1,000,000 $2,000,000 (Minimum) $1,000,000 (Minimum) Page 14 a. Additional Insured: The General Liability and Umbrella/Excess Liability Insurance Programs will be endorsed to add the following as Additional Insured: Brazos County (ISO Policy Endorsements CG 20 10 or equivalent). b. Additional Insured: The Auto Liability Insurance Program will be endorsed to add the following as Additional Insured: Brazos County c. Waiver of Subrogation: All Insurance Programs including Professional will be. endorsed to provide a Waiver of Subrogation in favor of: Brazos County. d. Subcontractor's General Liability, Auto Liability and Umbrella/Excess Liability Insurance Programs will be endorsed as "Primary" to that of the General Contractor and Brazos County. e. Subcontractor will be responsible for the "Same" Insurance Compliance of other Contractors IProfessional Services Providers hired by the General Contractor. f. All Insurance Programs are to be endorsed to provide a 30 -Day Notice of Cancellation to the Certificate Holder. g. Subcontractor's General Liability and Umbrella Insurance Program are to be endorsed with the Aggregate Per Project Endorsement. h. An "Original Certificate" of Insurance will evidence compliance with the Insurance Requirements. i. It will be the Subcontractor's responsibility to insure their owned or rented tools and equipment required for this project. j. Insurance Carrier's AM Best's Rated A-7 or better and licensed to do business in the State of Texas. Before commencing work, the successful firm shall be required, at his own expense, to furnish Brazos County Purchasing Department with evidence showing insurance coverage, meeting the minimum levels set forth below, to be in force throughout the term of the contract: Please state the limits of each policy you have in effect: A. Engineers Only Professional Liability (E & O) with a minimum limit of $ 1,000,000. B. General Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate. General aggregate limit shall apply per project. C. Auto Liability with a combined limit of $1,000,000. Vol. a L 4, p9• o2-6 Page 15 D. Statutory Worker's Compensation with waiver of subrogation. All insurance shall be occurrence form only. The proof of insurance shall be made on an Accord 25 form and the form shall have an original signature of an authorized representative, not the agent. Description of operations shall include the name of the project. Brazos County is to be named as additional insured on Comprehensive Coverage. The awarded firm agrees to indemnify, defend and hold harmless the County, it's employees, and agents from and against any loss damage. Each insurance policy to be furnished by the successful party shall include, by endorsement to the policy, a statement that a notice shall be given to Brazos County by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, it's officials, employees and volunteers. Any insurance or self-insurance maintained by the County, it's officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's representative and approved by the County before work commences. 1. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. Upon request, certified copies of all insurance policies shall be furnished to Brazos County. Vol. Pg. 02 %b' Page 16 A. Definitions: Certificate of coverage ("certificate ") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the protect - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons roviding services on the project ("subcontractors" in section 406.096 (of the Texas Labor Code,) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. . E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Vol. _2 Pg. I Page 17 F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. K The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,- (6) hereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that Vol. CZ Pg. Page 18 materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 2. CERTIFICATES OF INSURANCE shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. 3. BONDS The successful bidder must provide a performance and payment bond, each in the amount of 100% of the total contract sum, minus the design fees, within ten (10) days of the mutually agreed upon Guaranteed Maximum Price, that will be provided by the contractor after completion of the 60% Design Submittal. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. Brazos County reserves the right to accept or reject any surety company proposed by the bidder. In the event Brazos County rejects the proposed surety company, the successful bidder will be afforded five (5) additional days to submit the required bonds issued by a surety company acceptable to Brazos County. Vol. Pg. Page 19 P. Evaluation Waiver By submitting a proposal or response, each firm/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Proposals or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The firm further agrees the Owner reserves the right to waive any requirements under the documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION "The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Firm's N Respondent's Respondent's Date: Subscribed and sworn to me on this day of in the year Notary Public My Commission expires VOL pg. _� Page 20 Q. House Bill 89 & Non -Debarment Verification 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 Administration's Excluded Parties List System (EPLS, https://www.sani.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 littps://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001. Texas Government Code: 1. `Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Authorized Company Representative: Contract Vol. 7 4 6 P9 -Z,� I Page 21 R. CERTIFICATION OF PROPOSAL The undersigned further affirms that they are duly authorized to execute this Submittal, that this Submittal has not been prepared in collusion with any other Firm, and that the contents of this Submittal have not been communicated to any other Firm prior to the official opening. Signed By: Typed Name: Company Name: Mailing Address: P. 0. Box or Street Employer Identification Number: Social Security Number: Title: Phone No. City State Zip Acknowledgement of Addendum 41 42 #3_ #4_ #5_ Initial Each Received CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF REQUEST FOR PROPOSAL NO. 18-091 By signing below, Brazos County agrees that this RFP 18-091 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. go Brazos County Commissioner's Con Attest: Brazos County Vol. G G Pg. _'' Page 22 Exhibit "A" Scope of Services To be negotiated E c�—& rl Pg. 122- McALLESTER LANE REHABILIITATION PROJECT AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER FOR PROGRESSIVE DESIGN -BUILD THIS AGREEMENT is by and between BRAZOS COUNTY, TEXAS ("Owner") and HAYWARD-BAKER, INC. ("Design -Builder"). PROJECT INFORMATION Project: McAllester Lane Rehabilitation Project Design -Build Contract: McAllester Lane Rehabilitation Project Agreement Between Owner and Design - Builder for Progressive Design -Build ("Contract") Owner's Consultant: Gessner Engineering, LLC Authorized Representatives: Owner and Design -Builder each hereby designates a specific individual — — ----- - ---authorized -to-act-as-representative--with -respect -to -the performance -of--responsibilities -under this..-- ....--.-. Contract. Such an individual shall have authority to transmit instructions, receive formal notices, receive information, and render decisions relative to this Contract on behalf of the respective party that the individual represents. 1. Owner's Authorized Representative: Mr. Gary Arnold Road Administrator Brazos County 2617 W. Hwy 21 Bryan, TX 77803 (979)822-2127 garnold@brazoscount)rtx.gov 2. Design -Builders Authorized Representative: Mr. Art Pengelly Vice President Hayward Baker, Inc. P.O. Box 5000 EJCDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 12 Vol. a2 G Pg, �2_ %V1 l Little Elm, TX 75068 (972) 294-5000 adpengelly@craigoldeninc Owner and Design -Builder further agree as follows: ARTICLE 1—THE WORK 1.01 General Description: Design -Builder shall complete all Work as specified or indicated in the Contract. The Work is generally described as the design and construction of the following: Design and construction of the rehabilitation of the McAllester Lane erosion and failure. 1.02 Work Stages: A. Preliminary Stage: As set forth in more detail in Exhibit A, which is attached and incorporated by reference, Design -Builder shall perform the following in the Preliminary Stage: Topographic Survey; Study and Geotechnical Report services; drafting of Preliminary Technical Documents which include 30% and 60% plans and specifications; and Construction Planning services (including preparation of proposed Completion Stage Price). B. Completion Stage: If Owner and Design -Builder advance to the Completion Stage pursuant to Paragraph 3.03, then Design -Builder shall perform the following in the Completion Stage: Preparation of 90% and 100% Construction Drawings and Construction Specifications, based on the Preliminary Technical Documents; Construction; Start-up, Testing, and Commissioning; and Correction Phase services. C. Regardless of stage, the Work is subject to the terms of the Standard General Conditions. ARTICLE 2 — CONTRACT TIMES 2.01 Time of the Essence A. — All time -limits for Design -Builder's attainment of Milestones; -Substantial Completion, and — completion and readiness for final payment, as stated in the Contract, are of the essence of the Contract. 2.02 Contract Times: Preliminary Stage A. Design -Builder shall complete the Work under the Preliminary Stage within 60 calendar days of the Effective Date. B. In addition to Design -Builder's Preliminary Stage completion commitment above, the parties shall meet the following Preliminary Stage Schedule: PRELIMINARY STAGE SCHEDULE Party Action Schedule Owner Design kick-off meeting January 17, 2018 E1CDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 12 Vol. C�'z 0 (a Pg. Design -Builder Furnish four (4) review copies of the Within fourteen (14) calendar days of the geotechnical report, topographic Effective Date. survey, and 30% design documents (preliminary submittal) to Owner. Owner Submit comments regarding Within seven (7) calendar days of the preliminary submittal to Design -Builder, receipt of the preliminary submittal from Design -Builder. Design -Builder Furnish four (4) copies of the 60% Within fourteen (14) calendar days of the design documents and proposed receipt of Owners comments regarding Guaranteed Maximum Price (GMP) or the preliminary submittal completion price to Owner. Owner Submit comments regarding 60% Within seven (7) calendar days of the design documents and proposed GMP receipt of the 60% design documents and or proposed contract price to Design- GMP or completion price submittal from Builder. Design -Builder. Design -Builder Furnish revised 60% design documents Within seven (7) calendar days of the and adjusted GMP or proposed receipt of Owner's comments regarding completion price addressing comments 60% design documents and GMP or by the Owner. completion price. Owner Finalize GMP or completion price and Within seven (7) calendar days of the take necessary actions to amend receipt of the revised 60% design contract to reflect final completion documents and GMP or completion price stage price. submittal from Design -Builder. Design -Builder Furnish four (4) copies of the 90% Within fourteen (14) calendar days of the design documents to Owner. amended contract. Owner- - - - Submit comments regarding 90%----- Within seven (7) calendar days of the - design documents to Design -Builder. receipt of the 90510 design documents submittal from Design -Builder. Design -Builder Furnish to Owner final 100% design Within fourteen (14) calendar days of the documents for construction, receipt of Owners comments regarding 90% design documents. 2.03 Contract Times: Completion Stage A. The Work will be substantially completed within ninety-five (95) calendar days after Owner approves a binding Completion Stage Price. B. An additional ten (10) float days (calendar) will be provided in addition to the substantially complete days. Float days will be converted to abnormal weather days as needed. 2.04 Liquidated Damages A. Construction: Design -Builder and Owner recognize that time is of the essence as stated in Paragraph 2.01 and that Owner will suffer financial and other losses if the Work is not EJ CDC* D-512, Agreement Between Owner and Design-Builderfor Progressive Design -Build. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. of 12 Vol. ,Zv {O_ p,, -.;7 Y6 completed within the times specified in Paragraph 2.03, as such may be revised in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving, in a lawsuit or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Design -Builder agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Design -Builder shall pay Owner two thousand dollars ($2,000.00) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 2.03.0 for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Design -Builder shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, as specified in Paragraph 2.03.D above, then Design -Builder shall pay Owner two thousand dollars ($2,000.00) for each day that expires after such until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion, final completion, and Milestones (if applicable) are not additive, and will not be imposed concurrently. Liquidated damages for failing to attain Substantial Completion shall take precedence. ARTICLE 3 — CONTRACT PRICE 3.01 Contract Price Definitions A. For purposes of this Agreement, the following definitions apply: 1. Contract Price—The money that Owner has agreed to pay Design -Builder for performance and completion of the Work in accordance with the Contract Documents. Contract Price is comprised of the Preliminary Stage Price and the Completion Stage — -- --- -----Price,-and-when-applicable-the-Owner-'s.-Completion-Contingency... Contract -Price is ---- subject to and governed by any duly established Guaranteed Maximum Price. 2. Preliminary Stage Price—the portion of the Contract Price established in Paragraph 3.02, as Design -Builder's compensation for the performance of the Preliminary Stage Work. 3. Completion Stage Price—the portion of the Contract Price established in Paragraph 3.03, as Design -Builder's compensation for the performance of the Completion Stage Work. 4. Owner's Completion Contingency—When applicable, a contingent amount included in the Contract Price for use by Owner, at its sole discretion, in funding the Completion Stage Price. 3.02 Preliminary Stage A. For performance of the Preliminary Stage Work in accordance with the Contract Documents, Owner shall pay Design -Builder the Preliminary Stage Price (1) pursuant to the following compensation methods, and (2) in the amounts that follow, subject to adjustment under the Contract, and subject to the applicable terms of Exhibit B: I Cateeory I Compensation Method I Amount 30% Price EJCDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 12 vol. 2 y1 � Pg. ��— 60% DesignStipulated Price $18,000.00 Total: Preliminary Stage Price $30,000.00 B. Monetary amounts stated for portions of the work to be performed on a Stipulated Price basis are fixed and binding. For portions of the Work subject to the Direct labor Costs Times a Factor or Standard Hourly Rates methods of payment, the stated monetary amounts are estimates of the amounts that will become payable for the specified services; such stated amounts are for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Design -Builder under the Agreement. 3.03 Completion Stage A. As part of Construction Planning under the Preliminary Stage, Design -Builder is required to determine an estimate of the cost of completion of the Work, including completion of the design and all Construction labor, administration, equipment, materials, and subcontracts ("Completion Cost Estimate"). Any categories of Construction that are not included in the Construction Cost Estimate, because their price will be determined by competitive bidding as set forth in Exhibit B, should be noted. Design -Builder shall use the final Completion Cost Estimate as the basis for developing and submitting to Owner a proposed Completion Stage Price based on: 1. the Cost of the Completion of the Work Plus Design -Builders Fee, Subject to a Guaranteed Maximum Price, method of compensation, as set forth in Exhibit B. [or] 2. the Stipulated Price method of compensation, as set forth in Exhibit B. B. The proposed Completion Stage Price shall be based on the Contract Times established in this Agreement; or if no Contract Times were established with respect to the Completion Stage when the Agreement was executed, then upon proposed or mutually -agreed Contract Times developed during the Preliminary Stage and expressly stated as an essential part of --Design-Builder's Completion -Stage Price submittal to Owner. -- - - - C. The proposed Completion Stage Price submitted by Design -Builder to Owner constitutes an offer that is binding on Design-Buiider for 30 days. D. After receipt of the proposed Completion Stage Price from Design -Builder, Owner shall either (1) accept the Completion Stage Price, in which case the Completion Stage Price is binding on both Owner and Design -Builder for the performance of the Completion Stage Work; or (2) enter into negotiations with Design -Builder regarding the Completion Stage Price and the corresponding scope of Work and schedule, or (3) reject the Completion Stage Price. If Owner accepts the Completion Stage Price, or an accord is reached through negotiations, the parties shall prepare and enter into a Change Order or special amendment to the Contract, memorializing the acceptance of such Completion Stage Price, as modified by any negotiations, and establishing an adjusted Contract Price or Guaranteed Maximum Price based upon such Completion Stage Price. If Owner does not accept the proposed Completion Stage Price, and negotiations (if any) are not successful, then the Contract shall terminate for convenience. Under such a termination for convenience, 1. Design -Builder shall be entitled to full payment for all Preliminary Stage Work; EICDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright Q2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. _ Page 5 of 12 Vol. C,2 4 kI— pg.. aC Z.2 2. Owner shall not be entitled to use of the Preliminary Technical Documents. E. Owners Completion Contingency. The Contract Price includes the following contingency for use by Owner at its sole discretion, under Owner's full control, for purposes of paying for the Completion Stage Work: eight hundred seventy thousand five hundred fifty dollars and 00/100 ($870,550.00) ("Owner's Completion Contingency"). After Owner's acceptance of the Completion Stage Price, or an accord reached through negotiations, and entry into a Change Order or special amendment to the Contract, memorializing the acceptance of such Completion Stage Price, as modified by any negotiations, and establishing an adjusted Contract Price or Guaranteed Maximum Price based upon such Completion Stage Price, or after any termination of the Contract because an accord is not reached, any remainder of the Owners Completion Contingency shall be returned to Owner by Change Order or otherwise. ARTICLE 4 — PAYMENT PROCEDURES 4.01 Submittal and Processing of Payments A. Design -Builder shall submit Applications for Payment for processing by Owner in accordance with Article 14 of the General Conditions. 4.02 Progress Payments,, Retainage A. During the Preliminary Stage the Owner shall make payment within 30 days of the receipt of Design -Builder's invoice for Preliminary Stage services. Owner shall not withhold any portion of such payment as retainage. B. During the Completion Stage the Owner shall make progress payments on account of the Completion Stage Price on the basis of Design -Builder's Applications for Payment on or about the twenty-fifth (25") day of each month during construction as provided in been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: a. Ninety-five (95) percent of the Cost of Work completed (or in the case of a Stipulated Price contract, such percentage of the value of Work completed), with the balance being retainage; and b. Ninety-five (95) percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Design -Builder to ninety-five (95) percent of the Work completed, less such EJCDC° D-512, Agreement Between owner and Design -Builder for Progressive Design -Build. Copyright O 2016 National Society of Professional Engineers, American council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 12 Vol. -2 L � Pg. amounts set off by Owner pursuant to Paragraph 14.01.G of the General Conditions, and less one -hundred (100) percent of Owners estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 3. Notwithstanding the provisions above, no retainage shall be withheld with respect to the portion of an Application for Payment pertaining to engineering, design, and other professional services. C. For Design -Builder's fee: In the case of a Cost of the Work contract, progress payments on account of the Design -Builder's fee will be made as follows: 1. If Design -Builder's fee is a fixed fee, payments prior to Substantial Completion will be in an amount equal to ninety-five (95) percent of such fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work on the number of units completed), and upon Substantial Completion in an amount sufficient to increase total payments to Design -Builder on account of his fee to ninety-five (95) percent of Design -Builder's fee. In the event there is no Schedule of Values the progress of the Work will be measured as provided elsewhere in the Contract. 2. If Design -Builder's fee is a percentage fee, payments prior to Substantial Completion will be in an amount equal to ninety-five (95) percent of such fee (less in each case payments previously made on account of such fee) based on the Cost of the Work completed, and upon Substantial Completion in an amount sufficient to increase total payments to Design -Builder on account of that fee to ninety-five (95) percent of Design - Builder's fee. D. Notwithstanding any provision above, no retainage shall be withheld with respect to the --- — portionofa payment application, pertaining -to engineering -design, and -other -professional- ---- ---- — services. 4.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.06 of the General Conditions, Owner shall pay the final amount due. ARTICLE 5 —INTEREST A. Not Used ARTICLE 6 —INSURANCE AND BONDS 6.01 Insurance A. Design -Builder and Owner shall obtain and maintain insurance as required by the General Conditions and Supplementary Conditions. 6.02 Performance, Payment, and Other Bonds A. As part of the Work under the Completion Stage, the Design -Builder shall furnish a performance bond and a payment bond, each in an amount equal to the Completion Stage Price as duly established and modified under this Contract, as security for the faithful EICDC° D-512, Agreement Between owner and Design -Builder for Progressive Design -Build. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 12 Vol. G G Pfl• .dff, performance and payment of Design -Builder's obligations under the Completion Stage. These bonds shall be in the form prescribed by the Contract and governed by the provisions of Paragraph 6.01 of the General Conditions. Design -Builder shall also furnish such other bonds as are required by other specific provisions of the Contract. ARTICLE 7—DESIGN-BUILDER'S REPRESENTATIONS 7.01 Representations A. Design -Builder makes the following representations for Owner's reliance: 1. Design -Builder has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. 2. Design -Builder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Design -Builder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Design -Builder has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that Owner has identified or made available to Design -Builder, especially with respect to Technical Data in such reports and drawings, and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site, that Owner has identified or made available to Design -Builder, especially with respect to Technical Data in such reports and drawings. 5. Design -Builder has.considered the information known to Design -Builder itself, and to Construction Subcontractors and Project Design Professionals that Design -Builder has selected as of the Effective -Date' information c"o"mmonly known"to "desgn professionals, design -builders, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings (if any) identified in the Contract Documents or otherwise made available to Design -Builder, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Design -Builder; and (3) Design -Builder's safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, Design -Builder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary prior to entry into the Contract at the Contract Price, subject to the Contract Times. 7. Design -Builder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. EJCDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. B of 12 vol. �Z G 6 p9, oZ fr5� 8. Design -Builder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Design -Builder has discovered in the Contract Documents, and the written response from Owner is acceptable to Design -Builder. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Design -Builder's entry into this Contract constitutes an incontrovertible representation by Design -Builder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8 —ACCOUNTING RECORDS 8.01 Maintaining and Preserving Cost Records A. Design -Builder shall keep such full and detailed accounts of materials incorporated and labor, services, and equipment utilized for the Work as may be necessary for proper financial management under this Agreement. Subject to prior written notice, Owner shall be afforded reasonable access during normal business hours to all Design -Builder's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to cost -based or time -based compensation or reimbursement of any type or description, including but not limited to direct labor hours, standard rate hours, reimbursable expenses, change order pricing, and the Cost of the Work (if applicable). Design -Builder shall preserve all such documents for a period of three years after the final payment by Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 12, inclusive). 2. General Conditions (pages Ito 61, inclusive). 3. Conceptual Documents. 4. Exhibit A, Preliminary Stage Work. S. Exhibit B, Compensation. 6. RFP 18-091. 7. Addenda (numbers 1 to 2). 8. Design -Builders Proposal and Revisions. 9. Proposal Amendment. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Performance Bond (in the form attached). b. Payment Bond (in the form attached). EJCDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. V01. _�_�S` - 1'9. c. Construction Drawings and Construction Specifications. d. Work Change Directives. e. Change Orders. f. Record Drawings and Record Specifications. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 —MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 10.03 Successors and Assigns _. ....... A. Owner and Design -Builder each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract. 10.04 Severability A. Any provision or part of the Contract held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Design -Builder, who agree that the Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Design -Builder's Certifications A. Design -Builder certifies that it has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: EJCDC° D-512, Agreement Between Owner and Deslgn-Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 10 of 12 va. ---W- `G Pg. 1. "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions EJCDC3 D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 11 of 12 Vol. v2 �,- � pg. IN WITNESS WHEREOF, Owner and Design-B2ild ave igned this Agreement. This Agreement will he effective on January �15, 2018 (which is the Effective Date of the Contract). By: Title: &%j tjj n FCIr m_RI w nf:p• Attes4w G Attest: Title: _B%/10zPS C©f A)q G19P-L Title: Address forgiving notices: i Address for giving notices: MIII i 9 MA,♦+ License No.: (where applicable) E1CDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved._ Page 12 of 12 Vol. 2 P9' This is EXHIBIT A, consisting of three (3) pages, referred to in and part of the Agreement between Owner and Design -Builder for Progressive Design -Build dated January 46; 2018. EXHIBIT A— PRELIMINARY STAGE WORK ARTICLE 1—BASIC SERVICES: Preliminary Stage A1.01 Preliminary Technical Documents A. Design -Builder shall: 1. Conduct necessary field surveys and topographic and utility mapping for the purpose of preparing Preliminary Technical Documents. Comply with the scope of work and procedure for the identification and mapping of existing utilities selected during the Study and Report phase based on ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data," consistent with the provisions of Paragraph 5.05 of the General Conditions. 2. Conduct necessary geotechnical investigation and report for the purposes of preparing Preliminary Technical Documents. 3. Visit the Site as needed to prepare the Preliminary Technical Documents. 4. Make measured drawings and conduct additional investigation of the Site. S. Prepare or furnish Preliminary Technical Documents (including but not limited to final design criteria;30% and 60% preliminary drawings and specifications; and written descriptions of the Pro)ect) that show or describe the character, scope, and intent of, the Construction to be performed or furnished by Design -Builder in the Completion Stage. The Preliminary Technical Documents will be taken to a point of sixty (60) percent of the final design. B. Design -Builder's Work under the Preliminary Technical Documents Phase of the Preliminary Stage will be considered complete on the date when Design -Builder has delivered final copies of the 60% Documents to Owner. A1.02 Construction Planning A. Planning Tasks: Concurrent with Design -Builder's development of the Preliminary Technical Documents, Design -Builder shall begin to plan and organize anticipated construction activities. Tasks shall include (but are not limited to) the following: 1. Identification of potential Construction Subcontractors and Suppliers. 2. Constructability reviews, with ongoing feedback to the design professionals. 3. Development and refinement of the construction schedule, with the addition of greater scheduling detail as the design and construction planning progresses. 4. Identification of potential for phased or fast-track construction. 5. Consideration of off-site fabrication options. 6. Identification of the need for or advantage in making long lead-time equipment and materials purchases. EXHIBIT A— Preliminary Stage Work. EICDC® D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved_ Page 1 of 3 Vol. Pg. 7. Development of Subcontract bid packages that will be let by competitive bidding B. Development of Completion Cost Estimate: Throughout the Preliminary Stage, Design - Builder shall develop and refine the Completion Cost Estimate, based on Site information, square -foot or similar estimated costs, the draft design, budget considerations, construction planning, projected schedule, quantity estimates, unit prices, cost of materials and labor, anticipated allowances, permits and taxes, storage and transportation costs, insurance costs, information from prospective Subcontractors and Suppliers, construction -phase engineering services, standard contingencies, administrative costs, Contract terms and conditions, and other relevant factors. Design -Builder shall conduct the development and refinement of the Completion Cost Estimate using a transparent "open book" process. Under the open book process: 1. Owner and Design -Builder shall meet as needed to review the status of the draft Completion Cost Estimate, including detailed line item components and supporting data and information. 2. Owner may at any time during the Preliminary Stage indicate to Design -Builder ways in which the draft Completion Cost Estimate might be improved, including opportunities for Owner to furnish materials or equipment, access to improved information regarding the Site or local conditions, changes in scope or schedule, and enhancing competition. C. Final Completion Cost Estimate: After delivering the final Preliminary Technical Documents, as duly reviewed and revised, to Owner, as required in Paragraph A1.02 above, Design - Builder shall prepare a final Completion Cost Estimate, based on such final Preliminary Technical Documents and all other relevant factors relevant to cost. D. Completion Price: Pursuant to the Preliminary Stage Schedule, Design -Builder shall submit to Owner proposed Completion Price(s) as set forth in Paragraph 3.03 of this Agreement. The proposed Completion Price(s) shall indicate the Contract Times applicable to each specific Contract Price. A1.03 Initial Equipment and Materials Procurement A. As Design -Builder develops the Preliminary Technical Documents, it shall: 1. identify equipment to be installed during construction that (a) requires early procurement to allow sufficient time for manufacture or customization, and delivery to the Site, or (b) will not be readily available, or will be inordinately expensive if not procured well in advance of construction. 2. Identify materials needed for construction that (a) should be procured and stockpiled to avoid potential shortages, (b) are currently priced advantageously and should be procured or ordered to avoid possible price fluctuations, (c) require early procurement to give sufficient time for shipment and delivery. B. In the case of any such item, Design -Builder shall propose to Owner early procurement, prior to completion of the Preliminary Technical Documents. Owner shall at its option (1) procure the item itself, and make the item available to Design -Builder during construction, (2) authorize Design -Builder to purchase the item, for mutually agreed compensation or reimbursement based on cost and standard mark-ups, or (3) inform Design -Builder that the item is not to be procured until a later point, with acknowledged acceptance by Owner of the risk of adverse price or schedule impacts. EXHIBIT A—Preliminary Stage Work. EJCDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright© 2016 National Society of Professiona I Engineers, American Council of Engineering Companies, and American Soclety of Civil Engineers. All rights reserved. --7 Page 2 of S ivo1. Com_ P7. l ARTICLE 2 — ADDITIONAL SERVICES A2.01 Owner's Authorization in Advance Required A. If authorized in writing by Owner, during the Preliminary Stage the Design -Builder shall furnish or obtain from others Additional Services of the types listed below. These services will be paid for by Owner as indicated in Article 4 of the Agreement. 1. Prepare applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; prepare or review environmental assessments and impact statements; review and evaluate the effects on the design requirements for the Project of any such statements and documents prepared by others; and assist in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the -Project. 2. Verify the accuracy of drawings or other information furnished by Owner. 3. Perform services resulting from significant changes in the scope, extent or character of the portions of the Project presented or specified by Design -Builder or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revise previously accepted studies, reports, technical exhibits, or other Contract Documents when such revisions are required by changes in Laws or Regulations enacted subsequent to the Effective Date of the Agreement, or are due to any other causes beyond Design - Builder's control. 4. Perform services required as a result of Owner's providing incomplete or incorrect Project information. 5. Provide renderings or models for Owners use 6. Undertake investigations and studies of Owners operations including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; prepare feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; -- -- ----assist in obtaining -financing -for -the -Project; evaluate processes available.for- licensing, and assist Owner in obtaining process licensing, audits, or inventories required in connection with construction performed by Owner. 7. Perform services requiring out-of-town travel by Design -Builder, other than for visits to the Site or Owner's office. 8. Prepare for, coordinate with, participate in, and respond to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and perform or furnish services required to revise studies, reports, Technical Documents or other Proposal Documents as a result of such review processes. EXHIBIT A— Preliminary Stage Work. E1CDC0 D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of Vol. oc &/ C Pg. This is EXHIBIT B-1, consisting of one (1) pages, referred to in and part of the Agreement between Owner and Design -Builder for Progressive Design -Build dated January iv, 2018. 23 I B-1: PRELIMINARY STAGE—STIPULATED PRICE Article 3 of the Agreement is supplemented as follows: B3.01 Preliminary Stage Work Subject to Stipulated Price Compensation A. For each phase of Work under the Preliminary Stage that is subject to Stipulated Price compensation under Paragraph 3.02 of the Agreement, Owner shall pay Design -Builder for performance of such Work the Stipulated Price indicated in that paragraph. B. The Stipulated Price includes compensation for the subject Work and the services, labor, and materials furnished by Design -Builders Project Design Professionals and Construction Subcontractors, if any. Appropriate factors have been incorporated into the Stipulated Price to account for labor, overhead, profit, and expenses. C. The portion of the Stipulated Price billed will be based upon Design -Builder's estimate of the proportion of the total Work actually completed during the billing period to the Stipulated Price for the phase. EXHIBIT B-1: Preliminary Stage—Stipulated Price. E1CDC3 D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. I Page 1 of P Vol. ,�. This is EXHIBIT B-2, consisting of four (4) pages, referred to in and part of the Agreement between Owner and Design -Builder for Progressive Design -Build dated B-2: COMPLETION STAGE—COST OF COMPLETION OF THE WORK PLUS A FEE, SUBJECT TO A GUARANTEED MAXIMUM PRICE ARTICLE 1— completion Stage price 1.01 Owner shall pay Design -Builder as the Completion Stage Price for performance of the Completion Stage Work in accordance with the Contract Documents an amount equal to the sum of the amounts determined for (a) Cost of the Completion of the Work and (b) Design - Builders Fee; subject to (c) the Guaranteed Maximum Price. ARTICLE 2— COST OF COMPLETION OF THE WORK 2.01 Cost of Completion of the Work shall be determined as follows: A. Purpose for Determination of Cost of Completion of the Work: The term Cost of Completion of the Work means the sum of all costs necessary for the proper performance of completion of the Work at issue, as further defined below. The provisions of this Paragraph B-2: 2.01 are used to determine Cost of Completion of the Work when such is a component of the Contract Price. B. Costs Included: Cost of Completion of the Work shall not include any of the costs itemized in Paragraph B-2: 2.01.C, and shall include only the following items of Completion Stage Work: 1. Payroll costs for employees in the direct employ of Design -Builder in the performance of such Work under schedules of job classifications agreed upon by Owner and Design - Builder. a._Such .employees, shall...include without,limitationsuperintendents, forem-en,_and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages (including overtime wages) plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto. The expenses of performing Work outside the hours or days permitted by this Contract shall be included in the above to the extent such performance of Work is authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services as employees of Design -Builder. For purposes of this Paragraph B-6: 2.01.A.1, Design -Builder shall be entitled to payment for such employees based on stipulated price for services in the performance of the subject Work. 2- Payroll costs and other compensation of Design -Builder's officers executives principals (of partnerships and sole proprietorships) general managers, estimators, attorneys, EXHIBIT B-2: Completion Stage—Cost of Completion of the Work Plus a Fee, Subject to a Guaranteed Maximum Price. EJCDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. -. �// Page 1of4 Vol. Pg. auditors accountants purchasing and contracting agents expediters timekeepers clerks and other personnel_ employed by Design -Builder whether at the Site or in Design -Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed-upon schedule of job classifications referred to in Paragraph B-2: 2.01.13.1, all of which are to be considered administrative costs covered by the Design -Builder's fee. 3. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage of the materials and equipment, and Suppliers' field services required in connection with the materials and equipment. All cash discounts shall accrue to Design -Builder unless Owner deposits funds with Design -Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design -Builder shall make provisions so that they may be obtained. 4. Cost of permits obtained by Design -Builder. 5. Payments made by Design -Builder to Construction Subcontractors for Work performed or furnished by such Construction Subcontractors. If any subcontract provides that the Construction Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Construction Subcontractor's Cost of the Work and fee shall be determined in the same manner as Design -Builder's Cost of the Work and fee. 6. Payments made by Design -Builder for Design Professional Services provided or furnished under a Design Agreement. 7. Costs of special consultants (including Project Design Professionals), including but not limited to testing laboratories, attorneys, and accountants, retained for services specifically related to the Work. 8. Supplemental costs including the following items: a.._The..proportion of necessary transportation, travel, and subsistence _expe_nses of . .............. . Design -Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Design -Builder. c. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design -Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Design -Builder is liable, imposed by Laws or Regulations. EXHIBIT B-2: completion Stage—Cost of Completion of the Work Plus a Fee, Subject to a Guaranteed Maximum Price. EJCDV D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 Vol. o� Ptd. e. Deposits lost for causes other than negligence of Design -Builder, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design -Builder in connection with the furnishing and performance of the Work provided they have resulted from causes other than the negligence of Design -Builder, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design -Builder's fee. g.. The cost of utilities, fuel, and sanitary facilities at the Site h. Minor expenses such as long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. Cost of premiums for all Bonds and insurance Design -Builder is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Completion of the Work shall not include any of the following items: 1. Expenses of Design -Builders principal and branch offices other than Design -Builder's office at the Site. 2. Any part of Design -Builder's capital expenses, including interest on Design -Builder's capital employed for the Work and charges against Design -Builder for delinquent payments. -- - - -- - - 3: -Costs due to the negligence of Design -Builder, any. Construction Subcontractor, Engineer - ..---- or other Project Design Professionals, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 4. Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in Paragraph B-6: 2.01.8. D. Documentation: Whenever the cost of any Work is to be determined pursuant to Paragraph B-2: 2.01.13 and B-2: 2.01.0, Design -Builder will establish and maintain cost records in accordance with generally accepted accounting practices, and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. ARTICLE 3 - DESIGN -BUILDER'S FEE 3.01 Design -Builder's fee shall be determined as follows: A. A fee based on ten 10 percent of the Cost of Completion of the Work. EXHIBIT B-2: Completion Stage—Cost of Completion of the Work Plus a Fee, Subject to a Guaranteed Maximum Price. EJCD0 D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 va. Pg. B. Design -Builder guarantees that the amount payable by Owner in accordance with Paragraph B-2: 3.01.A as a percentage fee will not exceed $[ ° i]. (Guaranteed Maximum Fee), subject to increases or decreases for changes in the Work as provided in Paragraph B-2: 5.01. [or] A. A fixed fee of $[ _`:j, which shall be subject to increases or decreases for changes in the Work as provided in Paragraph B-6:5.01. ARTICLE 4— GUARANTEED MAXIMUM PRICE 4.01 Design -Builder guarantees that the maximum amount payable by Owner for the sum of the Cost of Completion of the Work plus Design -Builders fee under B-2: Article 3, together with the Preliminary Stage Price, will not exceed $[('1 j'i], subject to increases or decreases for changes in the Work. 4.02 If the final Contract Price, as duly adjusted during the term of the Contract, is less than the Guaranteed Maximum Price, Owner shall pay Design -Builder fourty (40) percent of the difference of the Guaranteed Maximum Price and the final Contract Price. Such payment shall become due at the end of the correction period established in Paragraph 14.08 of the General Conditions. ARTICLE 5 —CHANGE OF CONTRACT PRICE 5.01 Changes in the Contract Price—Cost Plus a Fee/GMP Methodology., The amount of any increases or decreases in Design -Builder's fee, in any Guaranteed Maximum Price, or in any Guaranteed Maximum Fee, which results from a Change Order, shall be set forth in the applicable Change Order subject to the following: A. If Design -Builder's fee is a fixed fee, any increase or decrease in the Design -Builder's fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with Paragraph 11.04.13 of the General Conditions, subject to any Guaranteed Maximum Price and the provisions of Paragraph B-2: 5.01.6. [or] A. If Design -Builder's fee is a percentage fee, Design -Builder's fee will adjust automatically as the Cost of the Work changes, subject to any Guaranteed Maximum Fee and Guaranteed Maximum Price, and the provisions of Paragraph B-2: 5.01.8. B. Whereverthere is a Guaranteed Maximum Price or Guaranteed Maximum Fee: 1. In the case of net additions in the Work, the amounts of any increase in either Guaranteed Maximum (Price or Fee) shall be proportional to the increase in Contract Price for such additions to the Work, exclusive of any mark-ups for profit, overhead, or fees of Design -Builder, Construction Subcontractors, or Suppliers. 2. In the case of net deletions in the Work, the amount of any decrease in either Guaranteed Maximum (Price or Fee) shall be proportional to the decrease in Contract Price for such deletions to the Work. EXHIBIT B-2: completion Stage—Cost of Completion of the Work Plus a Fee, Subject to a Guaranteed Maximum Price. E1CDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 COMMISSIONER COURT MINUTES OF JANUARY 23, 2018 ARE CONTINUED IN VOLUME 267 PAGE 1 Vol. �"= P9� COMMISSIONER COURT MINUTES OF JANUARY 23, 2018 ARE CONTINUED FROM VOLUME 266 Vol. P9• �— This is EXHIBIT B-3, consisting of one (1) pages, referred to in and part of the Agreement between Owner and Design -Builder for Progressive Design -Build dated B-3; COMPLETION STAGE PRICE—STIPULATED PRICE ARTICLE 1—STIPULATED PRICE 1.01 Owner shall pay Design -Builder for performance of the Completion Stage Work in accordance with the Contract Documents the following stipulated amount: V25 (Completion Stage Price). EXHIBIT B-3: Completion Stage Price—Stipulated Price. E1CDC° D-512, Agreement Between Owner and Design -Builder for Progressive Design -Build. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. l of Vol. .� % - P9..� McALLESTER LANE REHABILITATION PROJECT STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN -BUILDER TABLE OF CONTENTS EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved, ' Page Vol, P9. Page ARTICLE 1— DEFINITIONS AND TERMINOLOGY............................................................................................1 1.01 Defined Terms........................................................................................................................1 1.02 Terminology...........................................................................................................................6 ARTICLE 2 — PRELIMINARY MATTERS............................................................................................................ 7 2.01. Delivery of Bonds and Evidence of Insurance........................................................................7 2.02 Copies of Documents.............................................................................................................7 2.03 Conceptual Documents..........................................................................................................7 2.04 Before Starting the Work.......................................................................................................8 2.05 Authorized Representatives... ..... .......................................................................................... 8 2.06 Initial Conference...................................................................................................................8 2.07 Review of Schedules..............................................................................................................8 2.08 Electronic Transmittals..........................................................................................................9 ARTICLE 3— DOCUMENTS: INTENT, AMENDING, REUSE.............................................................................9 3.01 Contract Documents..............................................................................................................9 3.02 Reference Standards............................................................................................................10 3.03 Resolving Discrepancies.......................................................................................................10 3.04 Ownership and Reuse of Documents...................................................................................10 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK................................................................11 4.01 Commencement of Contract Times.....................................................................................11 4.02 Starting the Work.................................................................................................................11 4.03 Progress Schedule................................................................................................................11 4.04 Delays in Design -Builder's Progress.....................................................................................11 ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS........................................................................................................................13 5.01 Availability of Lands.............................................................................................................13 5.02 Use of Site and Other Areas.................................................................................................13 5.03 Reference Points..................................................................................................................14 5.04 Differing Site Conditions......................................................................................................14 EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved, ' Page Vol, P9. 5.05 Underground Facilities.........................................................................................................15 5.06 Hazardous Environmental Conditions at Site......................................................................16 ARTICLE6 – BONDS AND INSURANCE.........................................................................................................18 6.01 Performance, Payment, and Other Bonds...........................................................................18 6.02 Insurance—General Provisions............................................................................................19 6.03 Design -Builder's Insurance...................................................................................................20 6.04 Owner's Liability Insurance..................................................................................................24 6.05 Property Insurance...............................................................................................................25 6.06 Waiver of Rights................................................................................................................... 27 6.07 Receipt and Application of Property Insurance Proceeds...................................................28 ARTICLE 7 – DESIGN -BUILDER'S RESPONSIBILITIES.....................................................................................28 7.01 Design Professional Services................................................................................................28 7.02 Construction.........................................................................................................................28 7.03 Supervision and Superintendence of Construction.............................................................28 7.04 Labor; Working Hours..........................................................................................................29 7.05 Services, Materials, and Equipment....................................................................................29 7.06 "Or Equals" and Substitutions..............................................................................................29 7.07 Concerning Project Design Professionals, Construction Subcontractors, Suppliers, and Others.................................................................................................................................. 30 7.08 Patent Fees and Royalties....................................................................................................31 7.09 Permits and Utility Charges..................................................................................................32 7.10 Taxes.................................................................................................................................... 32 7.11 Laws and Regulations...........................................................................................................32 7.12 Record Documents...............................................................................................................33 7.13 Safety and Protection ................................................ :......................................................... 33 7.14 Safety Representative..........................................................................................................34 7.15 Hazard Communication Programs.......................................................................................34 7.16 Emergencies.........................................................................................................................34 7.17 Post -Construction Phase......................................................................................................34 7.18 Design -Builder's General Warranty and Guarantee............................................................35 7.19 Indemnification.................................................................................................................... 35 ARTICLE8 – SUBMITTALS............................................................................................................................ 36 8.01 Design -Builder's Preparation of Submittals.........................................................................36 EJCDCB D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page li Vol'. � Y QQ' -`/74 1 8.02 Owner's Review ofSubmittals ............................................................................................. 37 ARTICLE9—OTHER CONSTRUCTION .......................................................................................................... 38 9.01 Other Work .......................................................................................................................... 3D 4.02 Coordination ........................................................................................................................ 39 8.03 Legal Relationships ............................................................................................................... 39 ARTICLE l0'VVVNER'S RESPONSIBILITIES ........................................ ........................................................ 4V 1081 General .—'.--^...—......--....,~...................................................... 40 10.02 |nsu/oune............—.~......—...`—......----....—....,4I 1018 Limitations onOwner's Responsibilities .............................................................................. 4l 10.04 Undisclosed Hazardous Environmental Condition ............................................................... 4Z 10D5 Owner's Site Representative ................................................................................................ 42 10.06 Owner's Consultants and Managers .................................................................................... 4I 10J07Safety Programs ................................................................................................................. .4I 10{)8 Permits and Approvals ......................................................................................................... 43 ARTICLE 1l— AMENDING THE CONTRACT DOCUMENTS; CHANGES |@ THE WORK ................................... 43 11.01 Amending and Supplementing Contract Documents ..................... .................................... 43 11.02 Authorized Changes inthe Work ......................................................................................... 43 11.03 Unauthorized Changes inthe Work ..................................................................................... 43 11.04 Changes Involving the Design .............................................................................................. 44 11.05 Change ofContract Price ......................... ........................................................................... 44 11.06 Change ofContract Times ..—....,.......................................................................... .45 11{)7 Execution ufChange Orders ................................................................................................ 45 1188 Notice toSureties .................................................... ............................................................ 40 ARTICLE 1l— COST OFTHE WORK 8D)U5TIVIENTS;UNIT PRICE WORK ...................................................... 46 1I.01 ConioftheVVurk...................................................................... ........................................... 46 12.02 UnitPhoeVVork.................................................................................................................... 49 ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION................................................................................................................... 49 13'01 Access tvConstruction ................................................ ........................................................ 49 13.0I Tests, Inspections, and Approvals ........................................................................................ 49 15J8Uncovering Construction ............................................. ....................................................... 50 13.04 Defective Construction ........................................................................................................ 51 ococ°o-7voStandard General Conditions athe Contract Between Owner and Design -Builder. 13.06 Costs.....................................................................................................................................51 13.07 Owner's Acceptance of Defective Construction..................................................................52 13.08 Owner May Stop Construction............................................................................................ 52 ARTICLE 14—PAYMENTS TO DESIGN -BUILDER; COMPLETION...................................................................52 14.01 Progress Payments...............................................................................................................52 14.02 Design -Builder's Warranty of Title.......................................................................................54 14.03 Substantial Completion........................................................................................................54 14.04 Partial Use or Occupancy.....................................................................................................55 14.05 Final Inspection....................................................................................................................56 14.06 Final Payment.......................................................................................................................56 14.07 Waiver of Claims.................................................................................................................. 57 14.08 Correction Period.................................................................................................................57 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION........................................................................58 15.01 Owner May Suspend Work..................................................................................................58 15.02 Owner May Terminate for Cause.........................................................................................58 fS.03 Owner May Terminate for Convenience.............................................................................59 15.04 Design -Builder May Stop Work or Terminate......................................................................59 ARTICLE16 — DISPUTES...............................................................................................................................59 16.01 Methods and Procedures.....................................................................................................59 ARTICLE17 — MISCELLANEOUS................................................................................................................... 60 17.01 Giving Notice.......................................................................................................................60 17.02 Computation of Times.........................................................................................................60 17.03 Cumulative Remedies..........................................................................................................60 17.04 Limitation of Damages.........................................................................................................61 17.05 No Waiver............................................................................................................................61 17.06 Survival of Obligations......................................................................................................... 61 17.07 Controlling Law....................................................................................................................61 17.08 Headings...............................................................................................................................61 EJCDC® D-700, Standard General Conditions of the Contract Between owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. r- Page iv STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN -BUILDER ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda: Written or graphic instruments issued by Owner prior to the opening of Proposals which clarify, correct, or change the Request for Qualifications, Request for Proposals, or the proposed Contract Documents, including the Conceptual Documents. 2. Agreement: The written instrument, executed by Owner and Design -Builder, that sets forth the Contract Price and Contract Times, identifies the parties, and designates the specific items that are Contract Documents. 3. Application for Payment: The form which is to be used by Design -Builder during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Authorized Representative: The individual designated by a party to represent it with respect to this Contract, as indicated in the Agreement. 5. Change Order: A document which is signed by Design -Builder and Owner and authorizes an addition, deletion, or revision in the Work, Or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 6. Claim: A demand or assertion by Owner or Design -Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A request or proposal for a Change Order is not a Claim. 7. Conceptual Documents: The documents prepared by or for the Owner to describe the Work to be performed, issued to Proposers during the design -builder selection process, and expressly identified in the Agreement. S. Constituent of Concern: Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other Laws or Regulations regulating, E1CDC° 0-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 9. Construction: The part of the Work that consists generally of making physical improvements at the Site, and is the result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work (including any correction of defective Construction), and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents and Construction Drawings and Construction Specifications, as duly modified. 10. Construction Drawings: Documents prepared by or for Design -Builder, and approved by Owner for purposes of allowing Design -Builder to proceed with the Construction or specific portions of the Construction, and consisting of drawings, diagrams, illustrations, schedules, and other data that graphically show the scope, extent, and character of the Construction (or specific portions of the Construction) to be performed by or for Design - Builder. Construction Drawings are not Contract Documents. 11. Construction Specifications: Documents prepared by or for Design -Builder, and approved by Owner for purposes of allowing Design -Builder to proceed with the Construction or a specific portion of the Construction, and consisting of written requirements for materials, equipment, systems, standards, workmanship, and administrative procedures as applied to the Construction (or a specific portion of the Construction). Construction Specifications are not Contract Documents. 12. Construction Subcontract: A written agreement between Design -Builder and a Construction Subcontractor for provision of all or a portion of the Construction, and any delegated Design Professional Services. 13. Construction Subcontractor: An individual or entity (other than a Supplier) having a direct contract with Design -Builder or with any other Construction Subcontractor for the performance of a part of the Construction, and any delegated Design Professional Services. 14. Contract: The entire and integrated written agreement between Owner and Design - Builder concerning the Work. 15. Contract Documents: Those items so designated in the Agreement, and which together comprise the Contract. 16. Contract Price: The money that Owner has agreed to pay Design -Builder for completion of the Work in accordance with the Contract Documents. 17. Contract Times: The numbers of days or the dates stated in the Agreement to (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 18. Design -Builder: The individual or entity with which Owner has contracted for performance of the Work, as designated in the Agreement. 19. Design Professional Services: That part of the Work comprised of the furnishing of engineering, surveying, architecture, and other design services, and including but not limited to providing research, analysis, and conclusions regarding engineering and related matters; exercising professional judgment with respect to technical issues; the preparation of plans, reports, calculations, models, schematics, drawings, specifications, EICDC- D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright 912016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 61 Vol. 7 Pg. Iq - Design Submittals, the Construction Drawings, Construction Specifications, and other instruments of service; other services included in the Contract Documents and required to be performed by or under the responsible charge of licensed design professionals; and the review of shop drawings, observation of construction, response to requests for information or interpretation, analysis of the technical aspects of Change Orders, and other engineering and related professional services provided by or for licensed design professionals during Construction. 20. Design Agreement: A written agreement between Design -Builder and a design firm or entity for provision of Design Professional Services. 21. Design Submittal. A Submittal that pursuant to Laws and Regulations or this Contract must be prepared by or under the supervision of a licensed engineer or other licensed design professional, including drawings, specifications, Construction Drawings, Construction Specifications, and revisions to such documents (but not including Record Documents). 22. Effective Date of the Contract: The date indicated in the Agreement on which the Contract becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 23. Engineer: The Project Design Professional identified as Engineer in the Agreement, and engaged by Design -Builder to provide engineering and related professional services under a Design Agreement. 24. Hazardous Environmental Condition: The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 25. Laws and Regulations, Laws or Regulations: Any and all applicable laws, statutes, rules, regulations, ordinances, binding resolutions, codes, decrees, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens: Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 27. Milestone: A principal event in the performance of the Work that the Contract requires Design -Builder to achieve by an intermediate completion date or by a time prior to Substantial Completion of Construction. 28. Notice of Award: The written notice by Owner to a Proposer stating that Owner will enter into the design -build contract with the Proposer. 29. Notice to Proceed: A written notice by Owner to Design -Builder fixing the date on which the Contract Times will commence to run and on which Design -Builder shall start to perform the Work. 30. Owner. The individual or entity with which Design -Builder has contracted regarding the Work, and which has agreed to pay Design -Builder for the performance of the Work, pursuant to the terms of the Contract. EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 61 Vol. Pg. �`-' 31. Owner's Consultant: An individual or entity with which the Owner has contracted to furnish services (typically including planning, preparation of Conceptual Documents, and advisory services) to Owner with respect to the Project, and which is identified as such in the Agreement. 32. Owner's Site Representative: A representative of Owner at the Site, as indicated in Paragraph 10.05. 33. Project: The total undertaking to be accomplished for Owner by engineers, consultants, Design -Builder, subcontractors, and others, including planning, study, design, construction, testing, start-up, and commissioning, and of which the Work to be performed under the Contract Documents is a part. 34. Project Design Professionals: The Engineer and any other independent entities or individuals, or employees of Design -Builder, engaged by Design -Builder or a Construction Subcontractor to provide Design Professional Services with respect to a portion of the Work. 35. Proposal: The documents submitted by Design -Builder in response to the Request for Proposals, setting forth technical concepts, proposed prices, and other conditions for the Work to be performed, and stating any proposed revisions, modifications, clarifications, exceptions, or supplements to the proposed Contract Documents. 36. Proposal Amendment: A Contract Document that is prepared after submittal of Design - Builder's Proposal; identifies mutually agreed revisions, modifications, exceptions, supplements, and clarifications to the Proposal or proposed Contract Documents; and is executed by Owner and Design -Builder. 37. Proposer: An entity that submits a Statement of Qualifications or Proposal to Owner. 38. Record Documents: The record copy of all Construction Drawings, Construction Specifications, Addenda, Change Orders, Work Change Directives, and approved Submittals maintained by Design -Builder at the Site, including any annotations to such documents made by Design -Builder during.Construction. 39. Record Drawings and Record Specifications: Documents depicting the completed Project, or a specific portion of the completed Project, based on or comprised of the Record Documents delivered to Owner by Design -Builder at the completion of the Construction. 40. Request for Proposals: The document prepared by or for Owner specifying and describing Owner's objectives, the procedures to be followed in preparing and submitting a Proposal, and the process for evaluating Proposals and awarding a contract. 41. Request for Qualifications: The document prepared by or for Owner requesting that Proposers submit a Statement of Qualifications with respect to their candidacy for selection as Design -Builder. 42. Schedule of Values: A schedule, prepared and maintained by Design -Builder, allocating portions of the Contract Price to various portions of the Work, and used as the basis for reviewing Design -Builder's Applications for Payment. EJICDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder - Copyright Oc 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 61 _ Vol. Pg. /6 43. Site: Lands or areas indicated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for use of Design - Builder. 44. Statement of Qualifications: The document submitted by a Proposer in response to the Request for Qualifications, including any completed forms, attachments, and exhibits. 45. Submittal: A written or graphic document, prepared by or for Design -Builder, which the Contract Documents require the Design -Builder to submit to the Owner. Submittals may include reports, preliminary drawings and specifications, cost estimates, proposed Construction Drawings and Construction Specifications, progress schedules, cash flow projections, Schedules of Values, shop drawings, product data, samples, delegated designs, certifications, proposed modifications to the Construction Drawings and Construction Specifications, results of tests and evaluations, results of source quality control testing and inspections, results of field or Site quality control testing and evaluations, sustainable design information, information on special procedures, operations and maintenance data, sustainable design closeout information, record documents, records of spare parts and extra stock materials, and other such documents required by the Contract Documents. Submittals, whether approved or accepted by Owner or not, are not Contract Documents. Claims, notices, Change Orders, Applications for Payment, and requests for information/interpretation are not Submittals. 46. Substantial Completion: The time at which the Construction (or a specified part thereof) has progressed to the point where it is sufficiently complete, in accordance with the —' Contract Documents, so that the Construction (or the specified_ part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete' and "substantially completed" as applied to all or part of the Construction refer to Substantial Completion thereof. 47. Supplementary Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier: A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Design -Builder or with any Construction Subcontractor to furnish materials or equipment to be incorporated in the Work by Design -Builder or a Construction Subcontractor, and any lessor of rental equipment used by Design -Builder or a Construction Subcontractor during Construction at the Site. 49. Technical Data: Data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding (a) subsurface conditions at the Site, (b) physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), or (c) environmental conditions at the Site, that are set forth in any geotechnical or environmental report prepared for the Project and relied upon by Design -Builder in agreeing to a price (either stipulated, or a Guaranteed Maximum Price) that includes Construction. 50. Underground Facilities: All underground lines, pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems, including but not limited to those that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, EICD0 D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, - -- ) Page 5 of 61 heat, gases, oil, crude products, liquid petroleum products, water, steam, waste, wastewater,. storm water, other liquids or chemicals, fire or police signal systems, or traffic or other control systems; and any encasements containing such facilities or systems. 51. Underground Facilities Data: Information and data shown or indicated in the Contract Documents or otherwise provided to Design -Builder by Owner with respect to existing Underground Facilities at or adjacent to the Site. 52. Unit Price Work: Work to be paid for on the basis of unit prices. 53. Work: The entire design and construction or the various separately identifiable parts thereof required to be performed or furnished by Design -Builder under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents and all labor, services, and documentation necessary to produce such Design Professional Services and Construction; furnishing, installing, and incorporating all materials and equipment into such Construction; and related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 54. Work Change Directive: A written directive to Design -Builder, issued on or after the Effective Date of the Contract, signed by Owner, ordering an addition, deletion or revision in the Work. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.8 are not defined terms that require initial capital letters, but when used in the Contract Documents have the indicated meanings. B. Intent of Certain Terms or Adjectives: 1. The word "daffy' shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2. The word "defective," when modifying the word "Construction" refers to Construction that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Owner's final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner. 3. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 4. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials or equipment or equipment complete and ready for intended use. EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Vol. - / 401/ Pin. /,2 - 5. The words "perform" or "provide' when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 6. When "furnish," "install," "perform," or "provide is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Design - Builder, "provide" is implied. 7. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Design -Builder delivers the executed Agreements to Owner, Design -Builder shall also deliver to Owner such Bonds as Design -Builder may be required to furnish in accordance with Paragraph 6.01.A. B. Evidence of Insurance: Before any Work is started, Design -Builder shall deliver the those certificates of insurance that Design -Builder is required to purchase and maintain in accordance with Article 6. 2.02 Copies of Documents A. Owner shall furnish to Design -Builder one (1) printed copy of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract. Owner shall make such original printed record version of the Contract available to Design -Builder for review. 2.03 Conceptual Documents A. Design -Builder's Review of Conceptual Documents: 1. Design -Builder acknowledges that the Conceptual Documents furnished by Owner are preliminary and incomplete, and subject to stated limitations and reservations. 2. Design -Builder shall carefully review, analyze, and verify the contents and suitability of the Conceptual Documents before proceeding with the Work (including but not limited to the Design Professional Services). 3. Design -Builder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy that Design -Builder may discover in the Conceptual Documents, whether during such review or at any later point. 4. Upon receipt of a report from Design -Builder that there is a conflict, error, ambiguity, or discrepancy in the Conceptual Documents, Owner shall either provide a written interpretation, clarification, or correction to Design -Builder, or authorize Design -Builder to correct or resolve the issue under a Change Order providing an equitable adjustment in Contract Times or Contract Price, or both. EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 61 S. Design -Builder shall not proceed with any Work affected by a reported conflict, error, ambiguity, or discrepancy in the Conceptual Documents until the issue is resolved. B. Owner shall not be responsible for any deficiency in the Conceptual Documents that Design - Builder does not discover or report to Owner. C. Subject to the foregoing review and reporting obligations, Design -Builder may use the Conceptual Documents as a partial basis for performing or furnishing Design Professional Services, including the preparation of Design Submittals such as the Construction Drawings and Construction Specifications, but despite any such use of the Conceptual Documents the Design -Builder nonetheless shall be responsible to Owner for the quality and soundness of the Design Professional Services. 2.04 Before Starting the Work A. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design -Builder shall submit the following to Owner for Owners timely review: 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. A preliminary schedule,of Submittals (including Design Submittals) which will list each required Submittal and the times for submitting, reviewing, and processing each Submittal; 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work; and 4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance. 2.05 Authorized Representatives A. The Authorized Representative for each party has been designated in the Agreement. A party may change its Authorized Representative at any time by giving notice to the other party of the name, mailing and delivery addresses, e-mail address, and telephone numbers of the new Authorized Representative. 2.06 Initial Conference A. Within 20 days after the Contract Times start to run, Design -Builder will arrange a conference attended by Owner and Design -Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in Paragraph 2.04.A, procedures for handling Submittals, processing Applications for Payment, maintaining required records, and other matters. 2.07 Review of Schedules A. Not less than 10 days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design -Builder will arrange a conference attended by Design -Builder, Owner, and others as appropriate to review and discuss the rJCD0 D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, schedules submitted in accordance with Paragraph 2.04.A. Design -Builder shall have an additional 10 days after the conference to make corrections and adjustments and to complete and resubmit the schedules for Owner's acceptance. No progress payment shall be made to Design -Builder until Design -Builder submits schedules that comply with the following requirements: 1. Design -Builder's progress schedule shall provide an orderly progression of the Work to completion within any specified Milestones and the Contract Times. 2. Design -Builder's schedule of Submittals shall provide a workable arrangement for submitting, reviewing, and processing Submittals in accordance with Article 8. 3. Design -Builder's Schedule of Values shall provide a reasonable allocation of the Contract Price to component parts of the Work. 2.08 Electronic Transmittols A. Except as otherwise stated elsewhere in the Contract, the Owner and Design -Builder may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner and Design -Builder shall jointly develop such protocols. C. Unless expressly stated otherwise elsewhere in this Contract, Design -Builder shall not be obligated to furnish documents (including but not limited to Construction Drawings, Construction Specifications, or Record Drawings and Record Specifications) to Owner in any executable, native -file format. D. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 —DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Contract Documents A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to require the design and construction of a functionally complete project (or part thereof). C. Design -Builder shall prepare or furnish Construction Drawings and Construction Specifications that are in accord with the Contract Documents and that describe a functionally complete Project (or part thereof) to be constructed in accordance with such Construction Drawings and Construction Specifications, as duly modified. D. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. E. Design -Builder will furnish or perform all labor, documentation, services (including professional services), materials, and equipment that may reasonably be inferred from the EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 61 vcl. _ _— ___ Pq. / Contract Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called, for at no additional cost to Owner. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws or Regulations: 1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect on the Effective Date except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or instruction of a Supplier, shall be effective to change the duties and responsibilities of Owner, Design - Builder, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner or its officers, directors, members, partners, employees, agents, consultants, or subcontractors any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Resolving Discrepancies A. If there is a discrepancy between (1) the Conceptual Documents or other Contract Documents issued with the Request for Qualifications or Request for Proposals and (2) the Proposal, the Proposal will control. B. If there is a discrepancy between (1) the Conceptual Documents, other Contract Documents issued with the Request for QualificationsorRequest for Proposals, or the Proposal and (2) the Proposal Amendment, the Proposal Amendment will control. C. If there is a discrepancy between (1) the Contract Documents and (2) the Construction Drawings and Construction Specifications, the Contract Documents will control unless Design -Builder gave notice of the discrepancy in a Submittal, and Owner approved the Submittal, pursuant to the provisions of Article 8. 3.04 Ownership and Reuse of Documents A. All documents prepared for or furnished to Owner by Design -Builder pursuant to this Contract (including but not limited to Design Submittals) are instruments of service. With respect to such documents: 1. Design -Builder shall have and retain the ownership, title, and property rights, including copyright, patent, intellectual property, and common law rights, in the documents. 2. During the course of the Project, Design -Builder will provide copies of Design Submittals to Owner for purposes of review and comment. Owner may retain copies of such documents for its records. 3. Owner may use its copy of the Record Drawings and Record Specifications for Owner's purposes in operating and maintaining the constructed facilities. 4. Upon Owner's termination of this Contract for cause pursuant to Paragraph 15.02, Owner shall receive a limited, non-exclusive license to use any completed Design Submittals in continuing the Project, subject to the limitations in this Paragraph 3.04. EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, 5. The documents prepared or furnished by Design -Builder under this Contract, regardless of ownership, transfer, license, completion status, or termination of the Contract, are for Design -Builder's use, and are not intended or represented to be suitable for use on the Project by Owner or any party other than Design -Builder, or for reuse by Owner or others on extensions of the Project or on any other project, except as otherwise stated in this Contract. Any use or reuse by Owner or others on Owner's behalf will be at Owner's sole risk, and without liability or legal exposure to Design -Builder, the Project Design Professionals, or their subconsultants, and Owner shall indemnify and hold harmless Design -Builder, the Project Design Professionals, and their subconsultants from all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from any such use or reuse. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times A. The Contract Times will commence to run on the Effective Date of the Contract. 4.02 Starting the Work A. Design -Builder shall start to perform the Work as of the Effective Date of the Contract. No Construction shall be done at the Site prior to the Effective Date of the Contract. 4.03 Progress Schedule A. Owner may rely on the progress schedule established in accordance with Paragraph 2.04, as duly adjusted, in planning and conducting ongoing operations and other work at the Site. .B. Design -Builder shall adhere to the progress schedule established in accordance with Paragraph 2.04 as it may be adjusted from time to time, as provided below: 1. Design -Builder shall submit to Owner proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Owner shall accept such adjustments provided that Owner, in planning and conducting ongoing operations and other work at the Site, has not reasonably relied on the schedule element that is proposed to be adjusted. If Owner has so relied, then Owner and Design -Builder shall promptly meet and seek a resolution that addresses the objectives of both parties, or adjust the Contract Price. 2. Design -Builder shall submit proposed adjustments in the progress schedule that will change the Contract Times (including Milestones) in accordance with the requirements of Paragraph 11.06. Such adjustments may only be made by a Change Order. C. Continuing the Work: Design -Builder shall continue the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Design -Builder and Owner may otherwise agree in writing. 4.04 Delays in Design -Builder's Progress A. If Owner or anyone for whom Owner is responsible delays, disrupts, or interferes with the performance or progress of the Work, then Design -Builder shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Design -Builder's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design -Builders ability to complete the Work within the Contract Times. EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. j Page 11 of 61 Vol. - _ _ P91 _ �% B. Design-Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference within the control of Design-Builder. Delay, disruption, and interference attributable to and within the control of a Project Design Professional, Construction Subcontractor, or Supplier shall be deemed to be delays within the control of Design-Builder. C. If Design-Builder's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Design-Builder, and those for which they are responsible, then Design-Builder shall be entitled to an equitable adjustment in Contract Times. Design-Builders entitlement to such an adjustment of the Contract Times is conditioned on such adjustment being essential to Design-Builder's ability to complete the Work within the Contract Times. Such an adjustment shall be Design- Builder's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, .or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; a. If "abnormal weather conditions' as set forth in Paragraph 4.04.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request shall be documented by data substantiating each of the following: (i) that weather conditions were abnormal for the period of time in which the delay occurred, (ii) that such weather conditions could not have been reasonably anticipated, and (iii) that such weather conditions had an adverse effect on the Work as scheduled. b. The existence of abnormal weather conditions shall be determined on a month- by-month basis in accordance with the following: 1) Every workday CONTRACTOR shall contact OWNER'S REPRESENTATIVE and agree if weather constitutes abnormal weather conditions. 3. Acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 9); and 4. Acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 9.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Design-Builder shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Design-Builder. EJCDC° 0-700, Standard General Conditions of the Contract Between owner and Design-Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All ri htsr w 9/ 1 Page 12 of 61 Va. __ c• P9 ��i-- G. If Design -Builder seeks an adjustment in Contract Price or Contract Times under this paragraph, Design -Builder shall submit a request for a Change Order to Owner within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLES—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Design -Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Design -Builder will have to comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Design -Builder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws or Regulations. C. Design -Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Design -Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design - Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of Work, Design -Builder shall promptly settle with such other party by negotiation, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law. 3. To the fullest extent permitted by Laws or Regulations, Design -Builder shall indemnify and hold harmless Owner, Owners consultants, and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution casts) arising out of or resulting from any claim brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design - Builder's performance of the Construction. B. Removal of Debris: During the performance of the Construction, Design -Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations. EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American So iet�of CivI EnEineens.All rights reserved. 13 of 61 Vol. w pg. �� C. Cleaning: Prior to Substantial Completion, Design -Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design -Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Design -Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design -Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it. 5.03 Reference Points A. Design -Builder shall be responsible for laying out the Work and shall protect and preserve reference points and property monuments established by Owner, and shall make no changes or relocations of such reference points or monuments without the prior written approval of Owner. Design -Builder shall report to Owner whenever any reference point or property monument is lost or destroyed, or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 5.04 Differing Site Conditions A. Design -Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site (whether_ discovered during investigation of the Site or during Construction) which differ materially from those indicated in the Contract Documents, or in any Technical Data, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. 1. No reports of explorations or tests of subsurface conditions at or adjacent to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. B. Owner will investigate the Site conditions promptly after receiving the notice. Design - Builder shall supplement the notice by promptly submitting to Owner any additional information regarding schedule and cost impacts, and a specific request for a Change Order. Owner shall then make a determination regarding the site condition and the impact, if any, on Contract Price and Contract Times. If the conditions do materially so differ and cause an increase or decrease in the Design -Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 11. C. No request by Design -Builder for an equitable adjustment under this Paragraph 5.04 shall be allowed unless Design -Builder has given the written notice required. D. The provisions of this Paragraph 5.04 are not intended to apply to a Hazardous Environmental Condition or Underground Facility uncovered or revealed at the Site. E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, 5.05 Underground Facilities A. Procedure for Identifying Underground Facilities: Promptly after the Effective Date of the Contract, Design -Builder shall review the Underground Facilities Data furnished by Owner and use ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data;' as a basis for establishing a procedure ("Underground Facilities Procedure') for the further identification, investigation, and mapping of Underground Facilities at or adjacent to the Site. Design -Builder shall establish and use the Underground Facilities Procedure to aid in the provision of Design Professional Services and the performance of Construction, and to reduce and manage risks associated with Underground Facilities. Such Underground Facilities Procedure shall take into account the Site and the nature of the Project. 1. The Underground Facilities Procedure shall include a plan to keep Underground Facilities information current as Design -Builder proceeds with the provision of Design Professional Services, and to add new or relocated Underground Facilities information to the base utility or Site drawings. 2. To manage the potential impact of design changes on Underground Facilities, Design - Builder shall modify or reapply the Underground Facilities Procedure as the design progresses and changes. B. Design -Builder's Responsibilities: Unless otherwise expressly provided in the Contract, Design -Builder shall have full responsibility for the following; and, subject to the provisions of Paragraphs 5.05.0, D, and E, the cost of all of the following will be included in the Contract Price; 1. Establishing and executing the Underground Facilities Procedure referred to in Paragraph 5.05.A, including updating, modification, and reapplication duties; 2. Coordinating the Work with the owners (including Owner) of such Underground Facilities, during the provision of Design Professional Services and Construction; 3. Verifying the actual location of specific Underground Facilities through exposure, as needed for the Design Professional Services; 4. Complying with applicable state and local utility damage prevention Laws and Regulations during Construction; and 5. The safety and protection of all existing Underground Facilities at the Site, and repairing any damage to such Underground Facilities resulting from the Construction, subject to the provisions of Paragraph 5.05.D. C. Results of Design -Builder's Execution of Underground Facilities Procedure: If, during the execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, the Design -Builder identifies an Underground Facility that was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy, causing an increase or decrease in the Design -Builder's cost of, or the time required for, providing Design Professional Services or performing the Construction, then Design -Builder shall submit to Owner a request for a Change Order seeking an equitable adjustment to the Contract Price or Times under this clause. Such request shall be made within 30 days of the identification of the Underground Facility in question. EJCDC® D-700, Standard General Conditions of the contract Between Owner and Design -Builder. Copyright © 2016 National Societyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. I Page 15 of 61 � VO4. _ C� Pg. I D. Underground Facility Found During Construction: If Design -Builder believes that an Underground Facility that is uncovered, exposed, or revealed at the Site during Construction was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy, and also that such Underground Facility was not identified or mapped with reasonable accuracy despite Design -Builders adequate establishment and execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, then Design -Builder shall promptly give written notice to Owner, and supplement the notice by submitting to Owner a request for a Change Order seeking an equitable adjustment to the Contract Price or Times under this clause. Such request shall be made within 30 days of the uncovering or revealing of the Underground Facility in question. 1. Owner's Review: Owner will investigate the Underground Facility found during Construction promptly after receiving the notice. If Owner concurs with Design -Builder that the Underground Facility that is uncovered, exposed, or revealed at the Site was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy, and further was not identified or mapped with reasonable accuracy despite Design -Builder's adequate establishment and execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, causing an increase or decrease in the Design -Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the actual location, then an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 11. If Owner does not concur with Design -Builder, then Owner shall so indicate in writing, with a specific explanation of the reason for non -concurrence. 2. No request by Design -Builder for an equitable adjustment under Paragraph 5.05.1) shall be allowed unless Design -Builder has given the written notice required. E. Inadequate Establishment or Execution of Underground Facilities Procedure: If Design - Builder does not establish an Underground Facilities Procedure that is (1) adequate for the Site and the nature of the Project and (2) consistent with the guidelines set forth in ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data," or Design -Builder does not adequately execute a duly established Underground Facilities Procedure, then Design -Builder shall bear all costs associated with the presence of an Underground Facility that was not identified or located with reasonable accuracy, including but not limited to delay, redesign, relocation, and increased Construction costs, if such Underground Facility would have been identified and located with reasonable accuracy by an adequate and properly executed Underground Facilities Procedure that was consistent with ASCE 38. 5.06 Hazardous Environmental Conditions at Site A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Design -Builder shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. C. Design -Builder shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Design -Builder, Project Design Professionals, EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright m 2016 National Society of Professional Engineers, American Council of Engineering Companies, Construction Subcontractors, Suppliers, or anyone else for whom Design -Builder is .responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. D. If Design -Builder encounters, uncovers, or reveals a Hazardous Environmental Condition (whether during Site investigation or during Construction) whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Design -Builder or anyone for whom Design -Builder is responsible creates a Hazardous Environmental Condition, then Design -Builder shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.16); and (3) notify Owner (and promptly thereafter confirm such notice in writing). Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take corrective action, if any, and take such actions as are necessary to permit Owner to timely obtain required permits and provide Design -Builder the written notice required by Paragraph 5.06.E. If Design -Builder or anyone for whom Design -Builder is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. E. Design -Builder shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice -to Design -Builder either. (1) specifying that such condition and 4ny affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. F. If after receipt of such written notice Design -Builder does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then the portion of the Work that is in the area affected by such condition shall be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 9. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Design -Builder, Project Design Professionals, Construction Subcontractors, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Contract Documents or the Technical Data, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Design -Builder or by anyone for whom Design -Builder is responsible. Nothing in this Paragraph 5.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Design -Builder shall indemnify and hold harmless Owner and its officers, directors, members, partners, employees, agents, E1CDC® D -loo, Standard General Conditions of the Contract Between Owner and Design- Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engiineers. All rights reserved."' -'---1 iI w 7 _ w 9 I -Page 17 of 61 consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the Design -Builder's failure to control, contain, or remove a Constituent of Concern brought to the Site by Design -Builder or by anyone for whom Design -Builder is responsible, or to a Hazardous Environmental Condition created by Design -Builder or by anyone for whom Design -Builder is responsible. Nothing in this Paragraph 5.06.H shall obligate Deign -Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. ARTICLE 6— BONDS AND INSURANCE 6.01 Performance, Payment and Other Bonds A. Design -Builder shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Design -Builder's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due, or until completion of the correction period specified in Paragraph 14.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other specific provisions of the Contract. Design -Builder shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Design -Builder shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Design -Builder is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state orjurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Design - Builder shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Design -Builder has failed to obtain a required bond, Owner may exclude the Design - Builder from the Site and exercise Owner's termination rights under Article 15. F. Upon request to either Owner or Design -Builder from any Construction Subcontractor, Project Design Professional, Supplier, or other person or entity claiming to have furnished labor, services,, materials, or equipment used in the performance of the Work, the recipient of the request shall provide a copy of the payment bond to such person or entity. rJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, 6.02 Insurance—General Provisions A. Design -Builder shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Design -Builder shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A -VII or better. C. All insurance required by the Contract to be purchased and maintained by Design -Builder shall be primary and without contribution by insurance maintained by Owner. D. Alternative forms of insurance coverage, including but not limited to self-insurance and "Occupational Accident and Excess Employer's Indemnity Policies," are not sufficient to meet the insurance requirements of this Contract, unless expressly permitted in the Supplementary Conditions. E. Design -Builder shall require (a) its Construction Subcontractors and Engineer (and any other Project Design Professional that is an independent individual or entity) to purchase and maintain commercial general liability, automobile liability, workers' compensation, employer's liability, professional liability (as applicable), and umbrella or excess liability insurance, and (b) itsConstruction Subcontractors to purchase and maintain contractor's pollution -liability insurance. All such required insurance shall meet the same requirements for the applicable category of insurance established in this Contract for Design -Builder, unless otherwise indicated in the Supplementary Conditions. F. Design -Builder shall deliver to Owner, with copies to each additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Design -Builder has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Design -Builder shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, documentation of applicable self-insured retentions (if permitted) and deductibles, and evidence of insurance required to be purchased and maintained by Design -Builder's Construction Subcontractors, Engineer, and any other Project Design Professional that is an independent individual or entity. Design -Builder may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. G. Failure of Owner or Design -Builder to demand such certificates or other evidence of the other party's full compliance with these insurance requirements,. or failure of Owner or Design -Builder to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. H. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright 0 2016 National Society of Professional Engineers, American Council of Engineering Companies, I. If Design -Builder has failed to obtain and maintain required insurance, Owner may exclude the Design -Builder from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 15. J. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. K. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Design -Builder or Design -Builder's interests. L. The insurance and insurance limits required herein shall not be deemed as a limitation on Design -Builder's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Design -Builder's Insurance A. Workers' Compensation and Employer's Liability: Design -Builder shall purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. Claims for damages because of bodily injury, occupational 3icknt=sr6r disease, or death of Design -Builder's employees (by stop -gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Design -Builder shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Design - Builder, on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design -Builder's employees. 2. Claims for damages insured by reasonably available personal injury liability coverage. 3. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability—Form and Content: Design -Builder's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Design -Builder shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. E1CDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Eneineers. All riehts reserved. Page 20 of 61 ' Vol. 4 p9. - 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Design -Builder's contractual indemnity obligations in Paragraph 7.19. 3. Broad form property damage coverage. 4. Severability of interests and no insured -versus -insured or cross -liability exclusions. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 04 13 and CG 20 37 10 01 (together). If Design -Builder demonstrates to Owner that the specified ISO endorsements are not commercially available, then Design -Builder may satisfy this requirement by providing equivalent endorsements. 8. For design professional additional insureds, ISO Endorsement CG 20 32 04 13 "Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, shall not include any of the following: 1. Any modification of the standard definition of "insured contract." 2. Any exclusion for water intrusion or water damage. 3. Any provisions resulting in the erosion of insurance limits by defense costs 4. Any exclusion of coverage relating to earth movement. 5. Any exclusion for the insured's vicarious liability, strict liability, or statutory liability 6. Any limitation or exclusion based on the nature of Design -Builder's work. 7. Any professional liability exclusion broader in effect than ISO form CG 22 79 04 13. E. Automobile liability: Design -Builder shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. F. Umbrella or excess liability: Design -Builder shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry -standard exclusions, the coverage afforded shall be procured on a "follow the form" basis as to each and every one of the underlying policies. Design -Builder may meet the combined limits of insurance (underlying policy plus applicable umbrella or excess) specified for employer's liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policies and an umbrella or excess liability policy that follows the form of the underlying policy, as specified herein. EiCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Soaety.pf.Civil Engineers. All rights reserved. Page 21 of 61 Pg. 77 t G. Contractor's pollution liability insurance: Design -Builder shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Design -Builder's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. H. Additional insureds: The Design -Builder's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and any individuals or entities identified as required additional insureds in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Design -Builder shall obtain all necessary endorsements to support these requirements. I. Professional liability insurance: 1. Design -Builder shall be responsible for purchasing and maintaining professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which Design -Builder is legally liable. 2. If in the performance of this Contract any Design Professional Services, or other professional engineering or similar services, are to be performed by an independent design professional, under direct contract to Design -Builder or.at any lower contractual tier, then Design -Builder shall be responsible fayassuring that such independent design professional purchases and maintains professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the independent design professional is legally liable. 3. If a Construction Subcontractor at any tier will provide or furnish design, engineering, or other similar professional services under this Contract, as the result of a delegation of professional design responsibilities or otherwise, then Design -Builder shall assure that such Construction Subcontractor purchases and maintains applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. 4. Any professional liability insurance required under this Contract shall be maintained throughout the duration of the Contract and for a minimum of three years after Substantial Completion. For each claims -made professional liability policy furnished and maintained to satisfy the requirements of this Paragraph 6.03.1, the retroactive date on the policy shall pre -date the commencement of furnishing services on the Project. 1. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. Include at least the specific coverages provided in this Article. 2. Be written for the limits of coverage provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright 0 2016 National Society of Professional Engineers, American Council of Engineering Companies, 3. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days' prior written notice has been given to Design -Builder. Within 3 days of receipt of any such written notice, Design -Builder shall provide a copy of the notice to Owner and each other insured under the policy. 4. Remain in effect at least until final payment and Design -Builder's departure from the Site (and longer if expressly required elsewhere in this Contract), and at all times thereafter when Design -Builder may be correcting, removing, or replacing defective Construction as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. Provide applicable protection from claims that may arise out of or result from the performance of the Work, whether such performance is by Design -Builder, a Project Design Professional, any Construction Subcontractor or Supplier, or anyone directly or indirectly retained by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under Paragraph 6.03.A of the General Conditions: State:- Federal, tater Federal, if applicable (e.g., Longshoreman's): Jones Act coverage,If'applicable: Bodily injury by accident, each accident Bodily injury by disease, aggregate Employer's Liability: Bodily injury, each accident Bodily injury by disease, each employee Bodily injury/disease aggregate Statutory- Not Applicable $ Not Applicable $ Not Applicable $ 500,000 $ 500,000 $ 500,000 For work performed in monopolistic states, stop- gap liability coverage shall be endorsed to either the worker's compensation or commercial general liability policy with a minimum limit of: $ As Applicable Foreign voluntary worker compensation Statutory 2. Design -Builder's Commercial General Liability under Paragraphs 6.03.B and 6.03.0 of the General Conditions: EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Societv.of.CivilEnidneers. All rlshts.reserved_-____ Page 23 of 61 General Aggregate Products - Completed Operations Aggregate Personal and Advertising Injury $ 1,000,000 $ As Applicable $ As Applicable Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000 3. Automobile Liability under Paragraph 6.03.E. of the General Conditions: Bodily Injury: Each person Each accident Property Damage: Each accident 4. Excess or Umbrella Liability: Per Occurrence General Aggregate $ 500,000 $ 1,000,000 $ 500,000 $ 1,000,000 $ 2,000,000 S. Additional Insureds: In addition to Owner, include as additional insureds the following: a. Owner's Consultant 6. Design -Builder's Professional Liability: Each Claim Annual Aggregate 6.04 Owner's Liability Insurance $ 1,000,000 $ 1,000,000 A. In addition to the liability insurance required to be provided by Design -Builder, the Owner, at Owner's option and expense, may purchase and maintain Owner's own liability insurance to protect Owner against claims which may arise with respect to the Project. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Design -Builder, and Design -Builder cannot rely upon Owner's liability policies for any of Design -Builder's obligations to the Owner or third parties. EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Design -Builder shall purchase and maintain builder's risk insurance upon the Construction on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the Owner and Design -Builder as named insureds, and all Construction Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. Be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Construction, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Design -Builder 3. Cover, as insured property, at least the following: (a) the Construction (including but not limited to all buildings, structures, foundations, excavations, underground property, pilings, underground pipes, flues, drains, wiring, cables, and the like) and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into the Construction, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent Construction but which are intended to provide working access to the Site, or to the Construction, or which are intended to provide temporary support for the Construction, including scaffolding, form work, fences, shoring, lighting, cribbing, falsework, and temporary structures. 4. Cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. Extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but,not including property stored at the premises of a manufacturer or Supplier). 6. Extend to cover damage or loss to insured property while in transit E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 20IG National Society of Professional Engineers, American Council of Engineering Companies, and American Societv,of.Civil,Engineers. Ail rights reserved.. Page 25 of 61 Vol. _tL_.__ Pct. 7. Allow for partial occupation or use of the Construction by Owner, such that those portions of the Construction that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. Provide for the waiver of claims and waiver of the insurer's subrogation rights, as set . forth in Paragraph 6.06. 9. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. Not include a co-insurance clause. 11. Include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. Include performance/hot testing and start-up. 13. Be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Construction by Owner, until the Construction is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days' prior written notice has been given to the purchasing policyholder. Within 3 days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Construction prior to Substantial Completion of all the Work as provided in Paragraph 14.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Design - Builder) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Construction that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Construction not .yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Design -Builder elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Design -Builder's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Design -Builder, a Construction Subcontractor, or an employee of Design -Builder or a Construction Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, G. Loss of Use and Delay in Start-up: Unless otherwise expressly stated elsewhere in this Contract, the Owner is responsible, at its option, for purchase and maintenance of insurance to protect Owner against the loss of use or delays in start-up caused by property damage. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against any Project Design Professional or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Design - Builder waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Construction; and, in addition, waive all such rights against the Project Design Professionals, their consultants, all Construction Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Design -Builder as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Design -Builder, the Project Design Professionals, and the Construction Subcontractors, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. Loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Construction caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. Loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 14.04, after Substantial Completion pursuant to Paragraph 14.03, or after final payment pursuant to Paragraph 14.06. C. Any insurance policy maintained by Owner covering any loss, damage, or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that the insured is allowed to waive the insurer's rights of subrogation against Design -Builder, Project Design Professionals, Construction Subcontractors, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, in a written contract executed prior to the loss, damage, or consequential loss. D. Design -Builder shall be responsible for assuring that each Construction Subcontract contains provisions whereby the Construction Subcontractor waives all rights against Owner, Design - Builder, all individuals or entities identified in the Supplementary Conditions as insureds, the Project Design Professionals, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss EJCDCm D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, covered by builder's risk insurance and any other property insurance applicable to the Project. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of property insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall maintain such funds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Construction shall be repaired or replaced, the money so received applied on account thereof, and the Construction and the cost thereof covered by Change Order, if needed. —ARTICLE RESPONSIBILITIES 7.01 Design Professional Services A. Design -Builder shall provide the Design Professional Services needed to successfully perform and complete the Work required under this Contract. B. Standard of Care: The standard of care for all Design Professional Services performed or furnished by Design -Builder under this Contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. 7.02 Construction A. Design -Builder shall perform and furnish the Construction pursuant to the Contract Documents, the Construction Drawings, and the Construction Specifications, as duly modified. B. Design Builder shall keep Owner advised as to the progress of the Construction. 7.03 Supervision and Superintendence of Construction A. Design -Builder shall supervise, inspect, and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design - Builder shall be solely responsible for the means, methods, techniques, sequences, and procedures of Construction. B. At all times during the progress of Construction, the Design -Builder shall assign a competent resident superintendent who shall not be replaced without written notice to Owner except under extraordinary circumstances. E1CDC® D-700, Standard General Conditions of the ContractBetween Owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. of 61 Vol. v / pg. 7.04 Labor; Working Hours A. Design -Builder shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. Design -Builder shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, and in the absence of any Laws or Regulations to the contrary, Design -Builder may perform the Construction on legal holidays, during any or all hours of the day, and on any or all days of the week, at Design -Builder's sole discretion. 7.05 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design -Builder shall furnish or cause to be furnished and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified by Owner or in the Construction Drawings or Construction Specifications, and unless specified otherwise shall be new and of good quality. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If required by Owner, Design -Builder shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 7.06 "Or Equals" and Substitutions A. If an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, then during the preparation of the proposed Construction Drawings and Construction Specifications, the Design -Builder may request that Owner authorize the use of other items of material or equipment, or items from other proposed suppliers, by including the proposed items in the proposed Construction Drawings or Construction Specifications, with required notice to Owner that the Submittal contains a variation from the Contract Documents. Owner in its sole discretion may approve the use of the item if Owner determines that the item is functionally equal to that named and sufficiently similar so that no change in related Work will be required, taking into consideration whether the item: 1. Is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2. Will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3. Has a proven record of performance and availability of responsive service; and 4. Is not objectionable. EJCDC°' D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, Page 29 of 61 B. Effect of Owner's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The denial of an "or -equal' request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. C. Substitutes: During the preparation of the proposed Construction Drawings and Construction Specifications, the Design -Builder may propose a substitute to an item of material or equipment that is required to be furnished by the Contract Documents. Any such proposal shall be made in a transmittal to Owner that is separate from and independent of any Design Submittals. The proposal shall describe the advantages, disadvantages, and changes in Contract Price or Contract Time associated with the proposed substitute. Approval of the proposed substitute shall be at Owner's sole discretion. If approved, the substitute item shall be incorporated in the Construction Drawings and Construction Specifications. D. Design Professional Review: Before Design -Builder transmits its proposal to Owner, the Project Design Professional that designed the portion of the Work affected by the proposed ,or equal' or substitute shall review and approve the proposal. E. Construction Drawings and Construction Specifications: "Or equal' or substitute proposals with respect to items of material or equipment that are required in the Construction Drawings and Construction Specifications shall be considered proposed modifications of the Construction Drawings and Construction Specifications, and shall be governed by the provisions of Paragraph 8.02.H. 7.07 Concerning Project Design Professionals, Construction Subcontractors, Suppliers, and Others A. Design -Builder may retain Project Design Professionals, Construction Subcontractors, and Suppliers for the performance of parts of the Work. Such Project Design Professionals, Construction Subcontractors, and Suppliers must be acceptable to Owner. B. Design -Builder shall retain specific Project Design Professionals, Construction Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents (including but not limited to the Proposal Amendment) as of the Effective Date. C. Prior to entry into any binding Design Agreement, Construction Subcontract, or purchase order, Design -Builder shall submit to Owner the identity of the proposed Project Design Professional, Construction Subcontractor, or Supplier (unless Owner has already deemed such proposed contractual party acceptable, during the bidding process or otherwise). Such proposed contractual party shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. D. Owner may require the replacement of any Project Design Professional, Construction Subcontractor, Supplier, or other entity retained by Design -Builder to perform any part of the Work solely on the basis of substantive, reasonable objection after due investigation. Design -Builder shall submit an acceptable replacement for the rejected Project Design Professional, Construction Subcontractor, Supplier, or other entity. E. If Owner requires the replacement of any Project Design Professional, Construction Subcontractor, Supplier, or other entity retained by Design -Builder to perform any part of the Work, then Design -Builder shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement. EJCDC0 D-700, Standard General Conditions of the Contract Between owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and America^ c^rmry or_QhAl Engineers. All rights reserved. Page 30 of 61 F. No acceptance by Owner of Engineer or of any Project Design Professional, Construction Subcontractor, Supplier, or other entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. G. Design -Builder shall be fully responsible to Owner for all acts and omissions of the Project Design Professionals, Construction Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work, just as Design -Builder is responsible for Design -Builder's own acts and omissions. H. Design -Builder shall be solely responsible for scheduling and coordinating the services and work of the Project Design Professionals, Construction Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. I. Design -Builder shall restrict all Project Design Professionals, Construction Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating directly with Owner, except in case of an emergency or a matter involving public health, safety, or welfare, or as otherwise expressly allowed herein. J. Owner may furnish to any Project Design Professional, Construction Subcontractor, or Supplier, to the extent practicable, information about amounts paid to Design -Builder on account of Work performed for Design -Builder by the requesting party. K. Nothing in the Contract Documents: 1. Shall create for the benefit of any Project Design Professional, Construction Subcontractor, Supplier, or other third -party individual or entity any contractual relationship between Owner and such third -party individual or entity; nor 2. Shall create any obligation on the part of Owner to pay or to see to the payment of any money due any Project Design Professional, Construction Subcontractor, Supplier, or other third -party individual or entity except as may otherwise be required by Laws and Regulations. 7.08 Patent Fees and Royalties A. Design -Builder shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Conceptual Documents or other Contract Documents for use in the performance of the Construction, and if to the actual knowledge of Owner its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, then Owner has disclosed the existence of such rights to Design -Builder in the Conceptual Documents or other Contract Documents. B. To the fullest extent permitted by Laws or Regulations, Design -Builder shall indemnify and hold harmless Owner and Owner's Consultant, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the EICDC01 D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright m 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society,of,Civil.Engineers.AO.riEhtknUerved.Z7 Page 31 of 61 Vol. -_.��® Fig. _ specification or incorporation in the Work of any invention, design, process, product or device, except those required by the Contract Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design -Builder and its officers, directors, members, partners, employees or agents, Project Design Professionals, Construction Subcontractors, and Suppliers from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device required by the Contract Documents, but not identified by Owner as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. 7.09 Permits and Utility Charges A. The Contract Documents allocate responsibility for obtaining and paying for specified permits, licenses, certificates of occupancy, and approvals of governmental authorities having jurisdiction over the Work. Each party shall assist the other, when necessary, in obtaining such permits, licenses, certificates, and approvals. B. Design -Builder shall pay all charges of utility owners for temporary service to the Work. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work, and for capital costs related thereto. 7.10 Taxes A. Design -Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design -Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. B. Owner's Tax -Exempt Status 1. Owner is exempt from payment of sales and compensating use taxes of the State of Texas and of cities and counties thereof on all materials to be incorporated into the Construction. 2. Owner will furnish the required certificates of tax exemption to Design -Builder for use in the purchase of supplies and materials to be incorporated into the Construction. 3. Owner's exemption does not apply to construction tools, machinery, or equipment purchased by or leased by Design -Builder, or to supplies or materials not incorporated into the Construction. 7.11 Laws and Regulations A. Design -Builder shall give all notices required by and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design - Builder's compliance with any Laws or Regulations. B. If Design -Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design -Builder shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of_C,vil Engineers. All rights reserved. I Page 32 of 61 �1 � other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. C. Changes in Laws or Regulations that occur after the date on which the Design -Builder committed to the Contract Price (whether by negotiation or making an offer or proposal) and affect the cost or time of performance shall be the subject of an equitable change in Contract Price or Contract Times. 7.12 Record Documents A. Design -Builder shall maintain the Record Documents in good order, in a safe place at the Site. Design -Builder shall annotate the Record Documents to show all changes and clarifications made (whether in the field or otherwise) during performance of Construction. The Record Documents, as annotated, will be available to Owner for reference. Upon completion of the Construction, Design -Builder shall deliver the Record Documents, as annotated, to Owner. B. After receipt and review of the Record Documents from Design -Builder upon completion of Construction, the Owner may comment on any possible inaccuracies. After Owner and Design -Builder collaboratively address any such comments, the Record Documents shall be deemed to be Record Drawings and Record Specifications. C. The Record Drawings and Record Specifications are Contract Documents, and are binding upon Design -Builder with respect to its obligations to comply with the Contract Documents, including but not limited to correction period responsibilities and warranty obligations. 7.13 Safety and Protection A. Design -Builder shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Construction Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Design -Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation, or replacement in the course of Construction. B. Design -Builder shall comply with applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design -Builder shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. EJCDC® D -70D, Standard General Conditions of the Contract Between Owner and Design -Builder. copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. Alldahts resenred�---� 33 of 61 C. Design -Builder shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Design -Builder shall inform Owner of the specific requirements of Design -Builder's safety program with which Owner and its employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.13.A.2 or 7.13.A.3 caused, directly or indirectly, in whole or in part, by Design -Builder, any Construction Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design -Builder. F. Design -Builders duties and responsibilities for safety and for protection of the Construction shall continue until such time as all the Work is completed, Owner has issued a notice to Design -Builder in accordance with Paragraph 14.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion), and Design - Builder has left the Site. G. Design -Builder's duties and responsibilities for safety and protection shall resume whenever Design -Builder or any Construction Subcontractor, Supplier, or other representative returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Safety Representative A. Design -Builder shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.15 Hazard Communication Programs A. Design -Builder shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design -Builder is obligated to act to prevent threatened damage, injury or loss. Design -Builder shall give Owner prompt written notice if Design -Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design -Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.17 Post -Construction Phase A. Design -Builder shall: 1. Provide assistance in connection with the start-up and testing of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American SocietlLof Civil Engineers. All rights reserved. of 61 Vol. G / pg. 7.18 Design -Builder's General Warranty and Guarantee A. Design -Builder warrants and guarantees to Owner that Design -Builder will perform and complete the Construction as required by the Contract Documents, and that all Construction will be in accordance with the Contract Documents, the Construction Drawings, and the Construction Specifications (as duly modified in accordance with the Contract), and will not be defective. B. Design -Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse, modification or improper maintenance or operation by persons other than Design -Builder, Construction Subcontractors, or Suppliers or any other individual for whom Design -Builder is responsible; or 2. Normal wear and tear under normal usage. C. None of the following will constitute an acceptance by Owner of Work that is not in accordance with the Contract Documents or a release of Design -Builder's obligation to perform the Work in accordance with the Contract Documents, unless expressly stated otherwise in writing: 1. Observations by Owner; 2. The making of any progress or final payment; 3. The issuance of a certificate of Substantial Completion; 4. Use or occupancy of the Work or any part thereof by Owner; S. Any review and approval of a Submittal; 6. Any inspection, test, or approval by others; or 7. Any correction of defective Construction by Owner. 7.19 Indemnification A. To the fullest extent permitted by Laws and Regulations, Design -Builder shall indemnify and hold harmless Owner, Owner's Consultant, and their officers, directors, members, partners, employees, agents, consultants, and subcontractors, from losses, damages, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third -party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Design -Builder, a Project Design Professional, any Construction Subcontractor, any Supplier, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors. B. In any and all claims or actions against Owner, Owner's Consultant, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Design -Builder, a Project Design Professional, any Construction Subcontractor, any Supplier, any individual or entity directly or indirectly employed or retained by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright ® 2016 National Society of Professional Engineers, American Council of Engineering companies, and American SociEtyof CivilrEngineerc.AllrightS reserve. Page 35 of 61 '' _ P9._ / under Paragraph 7.19.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Design -Builder, a Project Design Professional, or any Construction Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Design -Builder under Paragraph 7.19.A shall not extend to the liability of Owner's Consultant, other consultants or design professionals of Owner, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. ARTICLE 8 —SUBMITTALS 8.01 Design -Builder's Preparation of Submittals A. Design Submittals shall be prepared by Project Design Professionals, on behalf of Design - Builder. B. The appropriate Project Design Professional shall review and approve each Submittal (including but not limited to all Design Submittals), other than those Submittals not involving technical or engineering matters, before Design -Builder's transmittal of such Submittal to Owner. Such review and approval shall account for the following, as appropriate: 1. That any items covered by such Submittal will, after installation or incorporation in the Construction, comply with the information and requirements in the Contract Documents and the Construction Drawings and Construction Specifications, as duly modified, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, Construction Drawings, and Construction Specifications, as duly modified. 2. That if the Submittal includes any proposed modification of the Contract Documents, Construction Drawings, or Construction Specifications, or any proposed variation from the requirements of such documents, such proposed modification or variation is acceptable based on the standards of the engineering profession (or other applicable design profession), and if implemented will be supported by signing or sealing by a licensed design professional, as necessary. C. Before Design -Builder's transmittal of a Submittal to Owner, the Design -Builder shall, as applicable: 1. Review and coordinate the Submittal with other Submittals and with the requirements of the Work, the Contract Documents, the Construction Drawings, and the Construction Specifications, as duly modified; 2. Determine and verify all field measurements, quantities, dimensions, specified . performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal, and confirm that the Submittal is complete with respect to all related data included in the Submittal; 3. Determine and verify the suitability of proposed materials and equipment with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation; and EICDCO D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, 4. Determine and verify all information relative to Design -Builder's responsibilities for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto. D. Design -Builder shall give Owner specific written notice of any proposed modification of the Contract Documents, Construction Drawings, or Construction Specifications, and any variations that a Submittal may have from the requirements of the Contract Documents, Construction Drawings, and Construction Specifications, as duly modified. This notice shall be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Submittal in drawing form, by a specific notation made on the drawing itself. E. Each Submittal shall bear a stamp or specific written certification by Design -Builder that it has satisfied its obligations under the Contract Documents with respect to preparation of the Submittal, and that Design -Builder approves the Submittal. F. All Submittals must be acceptable based on compliance with form and content requirements of the Contract Documents. Design -Builder shall submit Design Submittals for Owner's review and approval. Other Submittals shall not require express approval, except as indicated in the Supplementary Conditions or elsewhere in the Contract Documents. 8.02 Owner's Review of Submittals A. Owner will review all Submittals, and may comment on any Submittal. Any response to a Submittal by Owner shall be in accordance with the schedule of required Submittals accepted by Owner as required by Paragraph 2.07, and the provisions of the Contract Documents. B. For those Submittals requiring Owner's review and approval, Owner's response will be in writing and will indicate either that Owner approves the Submittal or rejects the Submittal. Owner may also include comments regarding the approved or rejected Submittal. For those Submittals that do not require approval, the Submittal shall be deemed acceptable to Owner unless Owner responds with a timely objection or adverse comment. C. Unless a specific provision of the Contract Documents expressly provides otherwise, Owner's review of a Submittal will be to determine if the Submittal complies with and is consistent with the Contract Documents. If Owner concludes that a Submittal requiring approval complies with and is consistent with the Contract Documents, the Owner shall approve such Submittal. D. Owner's approval, rejection, or acceptance of a Submittal will not extend to the means, methods, techniques, sequences, or procedures of Construction, or to safety precautions or programs incident thereto. E. Owner's review, comments, approval, rejection, or acceptance of Submittals shall not relieve Design -Builder from responsibility for (1) performance of the Work in accordance with the Contract Documents, (2) the scheduling and progress of the Work, (3) the means, methods, sequences, techniques, and procedures of Construction, and safety precautions and programs incident thereto, or (4) any variation from the requirements of the Contract Documents, unless Design -Builder has in a separate written communication at the time of submission called Owner's attention to each such variation, and Owner has given written approval of each such variation; nor shall Owner's review, comments, approval, rejection, or acceptance of a Submittal impose any such responsibility on Owner. EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, F. Construction tasks and expenditures by Design -Builder prior to Owner's review and approval or acceptance of any Submittal will be at the sole risk of Design -Builder. G. In reviewing, approving, rejecting, accepting, or commenting on any Design Submittal, Owner does not assume responsibility for the design, for any deficiencies in the Design Submittal or in the Design Professional Services by which they were prepared, or for constructability, cost, or schedule problems that may arise in connection with the Design Submittal. H. The parties acknowledge that Design -Builder's design responsibilities continue after commencement of Construction. During the course of Construction, the Design -Builder may propose modifications to the Construction Drawings and Construction Specifications. Owner shall approve such proposed modifications if (1) they comply with and are consistent with the Contract Documents, (2) Design -Builder has demonstrated that the modification is minor in character, or will not be detrimental to the quality and function of the Work, (3) the appropriate Project Design Professional has reviewed and approved the proposed modification with respect to any technical or engineering matters, and (4) Owner has not relied on the previously -approved Construction Drawings and Construction Specifications, such that the proposed modification would be detrimental to the Owners interests. At its option, Owner may also approve more substantial or divergent proposed modifications, provided that the appropriate Project Design Professional has reviewed and approved the proposed modification with respect to any technical or engineering matters. ARTICLE 9 —OTHER CONSTRUCTION 9.01 Other Work A. In addition to and apart from the Work to be performed and furnished by Design -Builder under the Contract Documents, the Owner may perform other construction work at or adjacent to the Site during the course of the Project. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Design -Builder written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third -party utility work at or adjacent to the Site, Owner shall provide such information to Design -Builder. C. Design -Builder shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and to Owner, if Owner is performing other work with Owner's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Design -Builder shall do all cutting, fitting, and patching of the Construction that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Design -Builder shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Design -Builder may cut or alter others' work with the written consent of Owner and the others whose work will be affected. EICDCO D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, Page 38 of 61 Pg.. D. If the proper execution or results of any part of the Construction depends upon work performed by others under this Article 9, Design -Builder shall inspect such other work and promptly report to Owner in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the Construction. Design -Builder's failure to so report will constitute an acceptance of such other work as fit and proper for integration with the Construction, except for latent defects and deficiencies in such other work. 9.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Design -Builder prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. If the Supplementary Conditions do not identify the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors, Owner shall have sole authority and responsibility forsuch coordination. 9.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owners employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Construction or to the property of Design - Builder or the Construction Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Construction, through actions or inaction, then Design -Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Design -Builder in the Contract Documents, and any provisions in Laws or Regulations concerning utility action or inaction, or related remedies. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Design -Builder assigning to Owner all Design -Builders rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Design -Builder's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design -Builder's ability to complete the Work within the Contract Times. B. Design -Builder shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Design -Builder fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Design -Builder, and assign to such other contractor or utility owner the Owners contractual E)CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, rights against Design -Builder with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Design -Builder shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Design -Builder's failure to take reasonable and customary measures with respect to Owners other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Design -Builder. D. If Design -Builder damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Design -Builders failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Design -Builder's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Design -Builder or Owner, then Design -Builder shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and its officers, directors, members, partners, employees, agents, consultants and subcontractors from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 10 — OWNER'S RESPONSIBILITIES 10.01 General A. Owner shall do the following in a timely manner so as not to delay the services of Design - Builder: 1. If requested in writing by Design -Builder, furnish reasonable evidence satisfactory to Design -Builder that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, Design -Builder is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days' notice to the Owner; 2. Make payments to Design -Builder promptly when they are due, as provided in Paragraph 14.01 and 14.06; 3. Furnish the Site as set forth in Paragraph 5.01; arrange for safe access to and make all provisions for Design -Builder to enter upon public and private property as may reasonably be required for Design -Builder to perform Work under the Contract. 4. Furnish to Design -Builder, as required for performance of the Work, the following, all of which Design -Builder may use and rely upon in performing services under this Agreement: a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of-way, and other special engineering surveys or data; EJCDC- D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 61 Vol. % Pg. c. Property descriptions; d. Zoning, deed, and other land use restrictions; e. Utility and topographic mapping and surveys; f. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; any information or data known to Owner concerning underground facilities at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; with appropriate professional interpretation of such information or data; g. Any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site; h. Engineering surveys to establish reference points which in Owner's judgment are necessary to enable Design -Builder to proceed with the Work; I. Assistance to Design -Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; and j. Permits, licenses, and approvals of government authorities that the Contract Documents expressly require Owner to obtain. 5. Provide information known to Owner relating to the presence of materials and substances at the Site that could create a Hazardous Environmental Condition. B. If an obligation ascribed to Owner in Paragraph 10.01.A is expressly assigned to Design - Builder, in the description of the Work or elsewhere in the Contract Documents, then such express assignment to Design -Builder shall supersede the provision in Paragraph 10.01.A. C. Recognizing and acknowledging that Design -Builder's services and expertise do not include the following services, Owner shall furnish or obtain, as required for the Project: a. Accounting, bond and financial advisory (including, if applicable, "municipal advisor' services as described in Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. b. Legal services with regard to issues pertaining to the Project as Owner requires, or Design -Builder reasonably requests. c. Such auditing services as Owner requires to review cost submittals or ascertain how or for what purpose Design -Builder has used the money paid. D. Examine all studies, reports, alternate solutions, sketches, drawings, specifications, proposals, Submittals (including Design Submittals), and other documents presented by Design -Builder (including obtaining advice of an attorney, insurance counselor, and other consultants as Owner deems appropriate with respect to such examination), and if a decision is required with respect to any such document, render such decision in writing pursuant to any specific schedule, or if no specific schedule pertains, within a reasonable time after receipt of the document. EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civif'Engineem Ali rights reserved._--_ Page 41 of 61 10.02 Insurance A. Owner's responsibilities with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 10.03 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design -Builder's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Design -Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design -Builder's failure to perform the Work in accordance with the Contract Documents. 10.04 Undisclosed Hazardous Environmental Condition A. Owner's responsibility with respect to undisclosed Hazardous Environmental Conditions uncovered or revealed at the Site is set forth in Paragraph 5.06. 10.05 Owner's Site Representative A. Owner may furnish an Owners Site Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Owner's Site Representative and assistants will be as provided in the Supplementary Conditions. 10.06 Owner's Consultants and Managers A. Owner's Consultant, if any, is identified in the Agreement: B. Owner shall advise Design -Builder of the identity and scope of services of any other independent consultants or managers retained by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, constructability review, program management, project management, or contract administration. C. Neither Owner's Consultant, Owner's Site Representative, nor any other consultant or manager retained by Owner, has any duties, responsibilities, or authorities with respect to Design -Builder, unless expressly provided in this Contract. Owner's Consultant and such other consultants and managers shall not supervise, direct, or have control or authority over, nor be responsible for, Design -Builder's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design -Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work; and will not be responsible for Design -Builder's failure to perform the Work in accordance with the Contract Documents. 10.07 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Design -Builder's safety programs of which Owner has been informed pursuant to Paragraph 7.13.D. B. Owner shall inform Design -Builder of any specific requirements of safety or security programs that are applicable to Design -Builder while at the Site. E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright 0 2016 National Society of professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 42 of 61 Vol Pg. 10.08 Permits and Approvals A. Owner shall obtain reviews, approvals, certificates, and permits from governmental authorities having jurisdiction over the Project as indicated in the Contract Documents. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order or a Work Change Directive. 1. Change Orders: If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. 2. Work Change Directives: The Work modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order. When a Work Change Directive is issued, the parties will promptly meet to attempt to negotiate the Work Change Directive's effect, if any, on the Contract Times and Contract Price. The effect, if any, on Contract Times and Contract Price, together with the Work Change Directive's addition, deletion, or revision to the Work, will be set forth in a subsequently issued Change Order. B. Either Owner or Design -Builder may propose or request a Change Order. With respect to -- certain events, this Contract may indicate specific times in which such requests or proposals must be submitted to the other party. With respect to all other events, the request or proposal shall be submitted to the other party within 30 days of the event giving rise to the request or proposal. 11.02 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, and notwithstanding any other provision of the Contract, Owner may, at any time or from time to time, order or authorize additions, deletions, or revisions in the Work within the general scope of the Contract. Such changes may be accomplished by a Change Order, if Owner and Design - Builder have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Design -Builder shall promptly, proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Design -Builder to undertake work that Design - Builder reasonably concludes cannot be performed in a manner consistent with Design - Builder's safety or professional obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Design -Builder shall not be entitled to an increase. in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents, as duly amended, except in the case of an emergency as provided in Paragraph 7.16, or in the case of uncovering Construction as provided in Paragraph 13.03.A.3. EJCDC'ID D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright ® 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 61 Vigil. � ,% ���, 11.04 Changes Involving the Design A. To the extent a change, whether proposed by Design -Builder or Owner, ordered by Owner, or set forth in a proposed Change Order or in a Work Change Directive, involves the design (as set forth in the Construction Drawings, Construction Specifications, or otherwise) or other engineering or technical matters, such changes must be reviewed and approved by the applicable Project Design Professional. The review and approval may occur at the time the change occurs, or as part of Design -Builder's provision of Professional Design Services in response to the change. 11.05 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim regarding an adjustment in the Contract Price shall be presented by written notice to the other party in accordance with Paragraph 16.01. B. If the Contract Price is based on Cost of the Work, then the provisions in the Agreement regarding Cost of the Work and changes in the Design -Builder's fee, Contract Price, Guaranteed Maximum Price, and Guaranteed Maximum Fee, apply. C. The value of any Work covered by a Change Order or of any adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.02); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.05.13); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents, and agreement to a lump sum is not reached under Paragraph 11.05.C.2, then on the basis of the Cost of the Work for price adjustments (determined as provided in the Cost of the Work provisions in the Agreement, if applicable, or in Paragraph 12.01), plus a Design -Builder's Fee for overhead and profit (determined as provided in Paragraph 11.05.D). D. Design -Builder's Fee: The Design -Builder's fee for overhead and profit on Change Orders shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 12.01.13.1.a. and 12.01.B.2, the Design -Builder's fee shall be 15 percent; b. For costs incurred under Paragraph 12.01.13.3, 12.01.6.4, 12.01.13.5, and 12.01.6.6, the Design -Builder's fee shall be 5 percent; c. With respect to Construction Subcontracts, where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of this Contract is that the Design -Builder's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraph 12.01 by the subcontractor that EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American society of civil Engineers. All rights reserved. Page 44 of 61 VOL ._... =. L. Pg. J?� actually performs the Work, at whatever tier, and (2) with respect to Design -Builder itself, and to any Construction Subcontractors of a tier higher than that of the Construction Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Construction Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Construction Subcontractor that actually performs the Work; d. With respect to Design Agreements, the Engineer or other invoicing Project Design Professional under a Design Agreement may add a fee of 5 percent to an invoice from a lower tier design entity , and Design -Builder may add a fee of 5 percent to an invoice from Engineer or other invoicing Project Design Professional; Owner shall not be responsible for any other mark-up at any tier (other than those incorporated in a factor, multiplier, hourly rate, or stipulated sum from the entity performing the subject Design Professional Services); e. No fee will be payable on the basis of costs itemized in Paragraph 12.01.8.7 or 12.01.C; f. The amount of credit to be allowed by Design -Builder to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Design -Builder's fee by an amount equal to 5 percent of such net decrease; and g. When both additions and credits are involved in any one change, the adjustment in Design -Builder's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.05.D.2.a through 11.05.D.2.e., inclusive. 11.06 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim regarding an adjustment of the Contract Times shall be presented by written notice to the other party pursuant to Paragraph 16.01. B. Design -Builder's entitlement to an adjustment of the Contract Times under this Contract is conditioned on such adjustment being essential to Design -Builder's ability to complete the Work within the Contract Times. 11.07 Execution of Change Orders A. Owner and Design -Builder shall execute appropriate Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Design -Builder has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owners correction of defective Work under Paragraph 13.05 or Owner's acceptance of defective Work under Paragraph 13.07, or (c) agreed to by the EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. vol.._,?Z / Pg. parties (all subject to the need for review and approval by the applicable Project Design Professional pursuant to Paragraph 11.04); and 4. Changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Article 16. B. If Owner or Design -Builder refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Design -Builder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. ARTICLE 12 —COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK 12.01 Cost of the Work A. Costs of the Work Adjustment: When the price of Work covered by a Change Order or an adjustment in Contract Price is to be determined on the basis of Cost of the Work, the Cost of the Work adjustment means the sum of all costs necessarily incurred and paid by Design - Builder in the proper performance of the specific portion of the Work. The costs to be reimbursed to Design -Builder will be only those additional or�incPdmental costs required because of the change of the Work or because of the event giving rise to the adjustment. If the Agreement contains Cost of the Work provisions, such provisions shall govern in determining the Cost of the Work for Change Order or adjustment purposes. If the Agreement does not contain Cost of the Work provisions, then the provisions in Paragraph 12.01 shall apply. B. Costs Included: The Cost of the Work adjustment does not include any of the costs itemized in Paragraph 12.01.0, and shall include only the following items with respect to the subject Work: 1. Payroll costs for employees in the direct employ of Design -Builder in the performance of the subject Work, under schedules of job classifications agreed upon by Owner and Design -Builder in advance of such performance. a. Such employees shall include without limitation superintendents, foremen, and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the subject Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto. The expenses of performing the subject Work outside the hours or days permitted by this Contract shall be included in the above to the extent such performance of Work is authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services as employees of Design -Builder. EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright 0 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 61 Vol, _, _� Pg, For purposes of this Paragraph 12.01.B.1.b, Design -Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, as designated in the Agreement, for services in the performance of the subject Work. 2. Cost of all materials and equipment furnished and incorporated in the subject Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Design -Builder unless Owner deposits funds with Design -Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design -Builder shall make provisions so that they may be obtained. 3. Cost of permits obtained by Design -Builder. 4. Payments made by Design -Builder to Construction Subcontractors for subject Work performed or furnished by such Construction Subcontractors. If any subcontract provides that the Construction Subcontractor is to be paid on the basis of Cast of the Work plus a fee, the Construction Subcontractor's Cost of the Work and fee shall be determined in the same manner as Design -Builder's Cost of the Work and fee. 5. Payments made by Design -Builder for Design Professional Services provided or furnished with respect to the subject Work under a Design Agreement. 6. Costs of special consultants (not including Project Design Professionals), including but not limited to testing laboratories, attorneys, and accountants, retained for services specifically related to the subject Work. 7. Supplemental costs including the following items: a. The proportion of necessary transportation, travel, and subsistence expenses of Design -Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed that remain the property of Design -Builder. c. Rentals of all construction or engineering equipment and machinery, and their parts, whether rented from Design -Builder or from others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal of such equipment, machinery, and parts. All such costs shall be in accordance with the terms of such rental agreements. The rental of any such equipment, machinery, or parts shall cease when its use is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the subject Work, and for which Design -Builder is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Design -Builder, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. PJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Societvof Civil Engineers. All rights reserved. 1 Page 47 of 61 f. Losses, damages, and related expenses caused by damage to the subject Work not compensated by insurance or otherwise, sustained by Design -Builder in connection with the furnishing and performance of the Work provided they have resulted from causes other than the negligence of Design -Builder, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design -Builder's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site, as applicable to the subject Work. h. Minor expenses such as long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. Cost of premiums for all Bonds and insurance Design -Builder is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design -Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, estimators, attorneys, auditors, accountants, purchasing and contracting agents,., expediters, t>ekeepers, clerks, and other personnel employed by Design -Builder y+he`ther- ai'tfie Site or in Design -Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.6.1, all of which are to be considered administrative costs covered by the Design -Builder's fee. 2. Expenses of Design -Builder's principal and branch offices other than Design -Builder's office at the Site. 3. Any part of Design -Builder's capital expenses, including interest on Design -Builder's capital employed for the subject Work and charges against Design -Builder for delinquent payments. 4. Costs due to the negligence of Design -Builder, any Construction Subcontractor, Engineer or other Project Design Professionals, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in Paragraph 12.01.B. D. Design -Builder's Fee: When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design -Builder's fee shall be determined as set forth in Paragraph 11.05.D. E. Documentation: Whenever the cost of any Work is to be determined pursuant to Paragraph 12.01.8 and 12.01.C, Design -Builder will establish and maintain cost records in accordance EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. - . Page4gof61 Vol. '71-V / Pg. with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 12.02 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified.item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Design -Builder will be made by Owner. B. If Design -Builder's compensation is based on Cost of the Work, this Contract will not include compensation under unit prices unless expressly stated otherwise. C. Each unit price will be deemed to include an amount considered by Design -Builder to be adequate to cover Design -Builder's overhead and profit for each separately identified item. D. Design -Builder or Owner may seek an adjustment in the Contract Price if: 1. The quantity of any item of Unit Price Work performed by Design -Builder differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. Such an adjustment would not duplicate, and is coordinated with, any other related adjustments of Contract Price; and- - 3. Design -Builder has incurred additional expense, or less expense, as a result of the variation in quantity. ARTICLE13-TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION 13.01 Access to Construction A. Owner, Owner's Consultant, Owner's Site Representative, and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design -Builder shall provide them proper and safe conditions for such access and advise them of Design -Builder's Site safety procedures and programs so that they may comply therewith as applicable. 13.02 Tests, Inspections, and Approvals A. Design -Builder shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. By Laws and Regulations, unless the Contract Documents or Laws and Regulations expressly allocate responsibility for a specific inspection or test to Owner; 3. To attain Owner's acceptance of materials or equipment to be incorporated in the Construction; EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. of 61 Vel, _ _ o� 2 P9 s_ZL 4. By manufacturers of equipment furnished under the Contract Documents; 5. To meet the requirements of the Construction Drawings and Construction Specifications; 6. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Construction; and 7. For acceptance of materials, mix designs, or equipment submitted for approval prior to Design -Builder's purchase thereof for incorporation in the Construction. B. Owner shall be responsible for arranging, obtaining, and paying for all inspections and tests expressly required by the Contract Documents or Laws and Regulations to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Construction shall be governed by the provisions of Paragraph 13.03. C. All inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Design -Builder. D. If the Contract Documents require the Construction (or part thereof) to be approved by Owner or another designated individual or entity, then Design -Builder shall assume full responsibility for arranging and obtaining such approvals. E. Design -Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, and approvals. F. Design -Builder shall give Owner timely notice of readiness of the Construction (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. G. Each party shall provide the other with copies of any certificates of inspection or approval obtained with respect to tests and inspections. H. Both parties may rely on the results of inspections and tests, performed pursuant to this paragraph and the governing provisions of the Contract Documents, Laws and Regulations, and the Construction Drawings and Construction Specifications. I. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design -Builder without written concurrence of Owner, then Contractor shall, if requested by Owner, uncover such Construction for observation. Such uncovering shall be at Design -Builder's expense unless Design -Builder has given Owner timely notice of Design -Builder's intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. 13.03 Uncovering Construction A. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, then Design -Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection, or testing, as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material, and equipment. 1. If the Construction had been covered contrary to the written request of Owner or a requirement of the Contract Documents, then uncovering it for Owner's observation and re-covering it shall be at Design -Builder's expense, regardless of whether it is defective. E1CDC° D-700, Standard General Conditions of the Contract Between owner and Design -Builder. Copyright 0 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 61 2. If it is found that the covered Construction is defective, Design -Builder shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement, re-covering, or reconstruction (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. 3. If the covered Construction is not found to be defective, Design -Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, re-covering, and reconstruction, subject to the provisions of Paragraph 13.03.A.1. 13.04 Defective Construction A. It is Design -Builder's obligation to assure that the Construction is not defective B. Owner shall give Design -Builder prompt written notice of all defective Construction of which Owner has actual knowledge. Owner may reject, accept, or correct defective Construction. C. Promptly after receipt of written notice of defective Construction, unless Owner expressly indicates that it will accept the defective Construction, Design -Builder shall correct all such defective Construction, whether or not fabricated, installed, or completed; or, if Owner has rejected the defective Construction, remove it from the Project and replace it with Construction that isnot defective. D. When correcting defective Construction, Design -Builder shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Construction. 13.05 Owner May Correct Defective Construction A. If Design -Builder fails within a reasonable time after written notice from Owner to correct defective Construction or to remove and replace rejected Construction, or if Design -Builder fails to perform the Construction in accordance with the Contract Documents, or if Design - Builder fails to comply with any other provision of the Contract Documents, Owner may, after 7 days' written notice to Design -Builder, correct and remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.05 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Design -Builder from all or part of the Site, take possession of all or part of the Construction, and suspend Design -Builder's services related thereto, and incorporate in the Construction all materials and equipment stored at the Site or for which Owner has paid Design -Builder but which are stored elsewhere. Design -Builder shall allow Owner, Owners Consultant, Owner's Site Representative, and Owner's other representatives, agents, employees, and contractors, access to the Site to enable Owner to exercise the rights and remedies under this paragraph. 13.06 Costs A. Design -Builder shall bear all costs arising out of or relating to the.correction, removal, or replacement of defective Construction, including but not limited to repair of adjacent Work or property; delay costs and impacts; fees and charges of engineers, architects, attorneys, and other professionals; and all court, arbitration, or other dispute resolution costs. EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 51 of 61 Vol. C,-� ro I Pg. B. All costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising its rights and remedies arising from defective Construction under this Article will be charged against Design -Builder, by set-off against payment or otherwise. C. Design -Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to defective Construction. 13.07 Owner's Acceptance of Defective Construction A. If, instead of requiring correction or removal and replacement of defective Construction, Owner prefers to accept it, Owner may do so. If such acceptance is proposed prior to final payment, it shall be subject to confirmation by the applicable Project Design Professional that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety. Design -Builder shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Construction. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction so accepted. 13.08 Owner May Stop Construction A. If Construction is defective, or Design -Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction in such a way that the completed Construction will conform to the Contract Documents, Owner may order Design -Builder to stop Construction or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design -Builder or any other party. ARTICLE 14 — PAYMENTS TO DESIGN -BUILDER; COMPLETION 14.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph 2.04 will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed. B. Application for Progress Payment: On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design -Builder shall submit to Owner for review an Application for Payment filled out and signed by Design -Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting documentation as required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 52 of 61 Vol. '10-- pg.. _')'? covered by appropriate property insurance and other arrangements to protect Owners interest therein, all of which will be satisfactory to Owner. C. Payment of Obligations: 1. Beginning with the second Application for Payment, each Application shall include an affidavit of Design -Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design -Builders legitimate obligations associated with prior Applications for Payment. 2. If Design -Builder contends that it has withheld payment of underlying obligations for good cause, then Design -Builder shall inform Owner of the identity of the entity from which Design -Builder has withheld payment, the amount of the withholding, and the reason for the withholding. D. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. E. Review of Applications: 1. Owner will, within 10 days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design -Builder indicating in writing its reasons for refusing to accept the Application. F. Not more than 30 days after accepting such Application the amount will become due and when due will be paid by Owner to Design -Builder. 1. If Owner should fail to pay Design -Builder at the time the payment of any amount becomes due, then Design -Builder may, at any time thereafter, upon serving written notice that he will stop the Work within 7 days after receipt of the notice by Owner, and after such 7 -day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner. 2. Payments due but unpaid shall bear interest at the rate specified in the Agreement. 3. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. G. Reduction in or Refusal to Make Payment: 1. Owner may impose a set-off against the whole or any part of any such payment, or nullify any previous payment because of subsequently discovered evidence or the results of subsequent inspections or tests, to the extent that is reasonably necessary to protect Owner from loss because: a. Claims have been made against Owner on account of Design -Builder's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Design -Builder's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from breach of warranty, workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 53 of 61 va.� 2 Pg. -� b. Design -Builder has failed to take reasonable and customary measures to avoid .damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Design -Builder has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Design -Builder is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Construction is defective, requiring correction or replacement; g. Owner has been required to correct defective Construction in accordance with Paragraph 13.05, or has accepted defective Construction pursuant to Paragraph 13.07; h. The Contract Price has been reduced by Change Orders; i. An event that would constitute a default by Design -Builder and therefore justify a termination for cause has occurred; j. Liquidated damages, special damages, or performance damages have accrued under the Contract Documents as a result of Design -Builder's failure to achieve Milestones, Substantial Completion, final completion of the Work, or performance requirements, as applicable; k. Liens have been filed in connection with the Work, except where Design -Builder has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such liens; or I. There are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, Owner will give Design -Builder immediate written notice stating the reasons for such action and the specific amount of the reduction, and promptly pay Design -Builder any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Design -Builder the amount so withheld, or any adjustment thereto agreed to by Owner and Design -Builder, if Design - Builder remedies the reasons for such action. The reduction imposed shall be binding on Design -Builder unless it duly presents a written notice of Claim contesting the reduction. 14.02 Design -Builder's Warranty of Title A. Design -Builder warrants and guarantees that title to all Construction, materials, and equipment covered by any Application for Payment, whether already incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.03 Substantial Completion A. When Design -Builder considers the Work ready for its intended use Design -Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design -Builder as incomplete) and request that Owner issue a certificate of EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 51 Vol. � P9- Substantial Completion. Promptly thereafter, Owner and Design -Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design -Builder in writing giving the reasons therefor. B. If Owner considers the Work substantially complete: 1. Owner and Design -Builder will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Design -Builder agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owners use or occupancy of the Work. 2. Owner will prepare and deliver to Design -Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. Owner shall attach to the certificate a punch list of items to be completed or corrected before final payment. C. After Substantial Completion the Design -Builder shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Design - Builder may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. D. Owner shall have the right to exclude Design -Builder from the Site after the date of Substantial Completion subject to allowing Design -Builder reasonable access to.remove its -- property and complete or correct items on the punch list. 14.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (1) has specifically been identified in the Contract Documents, or (2) Owner and Design -Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose without significant interference with Design -Builder's performance of the remainder of the Construction, subject to the following: 1. Owner at any time may request Design -Builder in writing to permit Owner to use or occupy any such part of the Construction that Owner believes to be ready for its intended use and substantially complete. If Design -Builder agrees that such part of the Work is substantially complete, Design -Builder and Owner will follow the procedures of Paragraph 14.03 for that part of the Construction. 2. Design -Builder at any time may notify Owner in writing that Design -Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner and Design -Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Design -Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of Paragraph 14.03 will apply E.JCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 61 with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of Paragraph 6.05 regarding property insurance. 14.05 Final Inspection A. Upon written notice from Design -Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design -Builder and will notify Design - Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design -Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.06 Final Payment A. Application for Payment: 1. After Design -Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, and Record Documents (including red -line and as -built drawings), Design -Builder may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (unless previously delivered) by: a. All documentation called for in the Contract Documents; b. Consent of the surety, if any, to final payment; c. Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment; d. A list of all disputes that Design -Builder believes are unsettled; and e. Complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of such releases or waivers of Liens specified in Paragraph 14.06.A.2, and as approved by Owner, Design -Builder may furnish receipts or releases in full and an affidavit of Design -Builder that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed, and (b) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner might in any way be responsible, or which in any way might result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Project Design Professional, Construction Subcontractor, or Supplier fails to furnish such a release or receipt in full, Design -Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Final Payment and Acceptance: If Owner is satisfied that the Work has been completed and Design -Builder's other obligations under the Contract Documents have been fulfilled, Owner will, within 10 days after receipt of. the final Application for Payment, give written notice to Design -Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design -Builder, indicating in writing the reasons for refusing to process final payment, in EJCDC• D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. -- --------------� Page 56 of 51 Vol. -— pg. which case Design -Builder shall make the necessary corrections and resubmit the Application. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment. D. Payment Becomes Due: The amount will become due and will be paid by Owner to Design - Builder 30 days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice of acceptability. 14.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Design -Builder. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.05, from Design -Builder's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from unresolved disputes or Claims presented by Owner, or from Design -Builder's continuing obligations under the Contract. B. The acceptance of final payment by Design -Builder will constitute a waiver by Design -Builder of all claims and rights against Owner other than those pending matters that have been duly submitted to dispute resolution under the provisions of Article 16. 14.08 Correction Period A. If within one year after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction is found to be defective, Design - Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, (1) correct such defective Construction, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction that is not defective, and (2) satisfactorily correct or remove and replace any damage to other Construction or the work of others resulting therefrom. If Design -Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Construction corrected or the rejected Construction removed and replaced, and all costs, losses, and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by Design -Builder. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Conceptual Documents. C. Where defective Construction (and damage to other Construction resulting therefrom) has been corrected, or removed or replaced, under this Paragraph 14.08, the correction period hereunder with respect to such Construction will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 61 vol. 2 6 7 F'g. 4 3 ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design -Builder, which will fix the date on which Work will be resumed. Design -Builder shall resume the Work on the date so fixed. Design -Builder shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events justifies termination for cause: 1. Design -Builder's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the progress schedule as duly adjusted). 2. Design -Builder's disregard of Laws or Regulations of any public body having jurisdiction. 3. Design -Builder's violation in any substantial way of provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occurs, Owner may, after giving Design -Builder (and the surety, if any) 7 days' written notice, terminate the services of Design -Builder, take possession of any completed Design Submittals prepared by or for Design -Builder (subject to the limited license and indemnification provisions of Paragraph 3.04), exclude Design -Builder from the Site, take possession of the Work, and incorporate in the Work all materials and equipment stored at the Site or for -h: ich Owner has paid Design -Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design -Builder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all costs, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to Design -Builder. If such costs, losses and damages exceed such unpaid balance, Design -Builder shall pay the difference to Owner. Such costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. C. Notwithstanding Paragraph 15.02.13, Design -Builder's services will not be terminated if Design -Builder begins, within 7 days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Design -Builder's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design -Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design -Builder by Owner will not release Design -Builder from liability. EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. —11-1-1 — r- ..__�._._ ._..-___ Page 58 of 61 Ifo(. _,�7 (,,' '7-- G� 15.03 Owner May Terminate for Convenience A. Upon 7 days' written notice to Design -Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design -Builder shall be paid (without duplication of any items) for: 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. Amounts paid in settlement of terminated contracts with Project Design Professionals, Construction Subcontractors, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with such terminated contracts); and 4. Reasonable expenses directly attributable to termination. B. Design -Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 . Design -Builder May Stop Work or Terminate .. , - A. If, through no act or fault of Design -Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, Owner fails to act on any Application for Payment within 30 days after it is submitted, or Owner fails for 30 days to pay Design -Builder any sum finally determined to be due, then Design -Builder may, upon 7 days' written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03.A. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay Design -Builder any sum finally determined to be due, Design -Builder may upon 7 days' written notice to Owner stop the Work until payment is made of all such amounts due Design -Builder, including interest thereon. The provisions of this paragraph are not intended to preclude Design -Builder from obtaining an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design -Builder's stopping Work as permitted by this paragraph. ARTICLE 16 — DISPUTES 16.01 Methods and Procedures A. Notice of Claim; If Owner and Design -Builder are not in agreement regarding a proposed or requested Change Order, other proposed adjustment of Contract Price or Contract Times, a Work Change Directive issued by Owner, or any other relief proposed or requested under the Contract, then either party may provide written notice of a Claim to the other party. Such notice of Claim shall be given within 90 days of: the proposal or request for a Change Order; such other proposed adjustment of Contract Price or Contract Times; the issuance of the Work Change Directive; or the proposal or request for other relief under the Contract. EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 Nationat Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 59 of 61 The notice of Claim shall be given within the 90 days regardless of whether the other party has responded to such proposal, request, or issuance, and regardless of whether discussions or negotiations are in progress; provided, however, that the parties may extend the time to give such notice of Claim by mutual written agreement. The notice of Claim shall include a statement of position, specification of the remedy sought, and supporting documentation. B. Response: Within 30 days of the date of notice of Claim, the receiving party shall respond with a written statement of position and any supporting documentation. C. Direct Negotiations: Owner and Design -Builder agree to directly negotiate all Claims between them in good faith for a period of 60 days from the date of notice of Claim. D. If negotiations is unsuccessful in resolving a Claim, then within 120 days of the completion of the negotiations (1)the parties may mutually agree to a binding dispute resolution process of their choice, or (2) the claimant may give notice to the other that the claimant will seek to have the dispute resolved by a binding dispute resolution method established in this Contract, or if no such method has been established, by a court of competent jurisdiction. Failure by claimant to give such notice in a timely manner shall result in a waiver of the Claim. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice to the other party to this Contract, it will be deemed to have been validly given if delivered to the Authorized Representative of the other party: 1. In person, by a commercial courier service or otherwise; or 2. By registered or certified mail, postage prepaid; or 3. By e-mail, with the words "Formal Notice' or similar in the e-mail's subject line. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. Unless expressly stated otherwise in this Contract, the duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, or waiver of, any rights and remedies available to any or all of them which are otherwise imposed or available by: 1. Laws or Regulations; or 2. Any special warranty or guarantee; or 3. Other provisions of the Contract. E CD0 D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright ® 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 60 of 61 B. The provisions of Paragraph 17.03.A will be as effective as if repeated specifically in the Contract in connection with each particular duty, obligation, right and remedy to which they apply. 17.04 Limitation of Damages A. With respect to this Contract and any and all Claims and other matters at issue, Owner shall not be liable to Design -Builder for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design -Builder on or in connection with any other project or anticipated project. 17.05 No Waiver A. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 17.06 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 17.07 Controlling Law A. The Contract Documents will be construed in accordance with the law of the place of the Project. 17.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EICDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 61 V(A' CULVERTS, VARIOUS TYPES TABULATION 18-101R previously known as 17-259R, 2016-137R and 2015-11 February 1, 2018 - January 31, 2019 ITEM QTY EST NO Item Description FEET Contech Engineered Solutions Ferguson Waterworks CPR Services & Supllies, IncIMDN Enterprises Woodson Lumber STOCK ORDER STOCK ORDER STOCK ORDER STOCK ORDER `�""�- ''� Ga1v;Ste`el;Co>rr,;CuIv B;C'orr P,oly;P,Iasl Pipe --'``UMMM "�'"' 1 15" 16 Gau a Round Spiral Culvert 500 Single Pipe, F.O.B. Destination $19.00 59.00 ix"v"`s $9.00 x NO BID $9.00 $81.00 " - NO BID $10.58 ` Sin le Pi e, F.O.B. Supplier $10.00 i5 Truck load, F.O.B. Destination No Bid Truck Load, F.O.B. Supplier No Bid Sloped Ends, Pair No Bid 2 18" 16 Gauge Round Spiral Culvert., 500 ".; .,.;`r'g 'r - ,xM ' ' u _. N' Single Pipe, F.O.B. Destination $21.25 135 $11.25 2'92D,; $11.25 'f5'#` NO BID 511.25 $104.00 Mffik ,' NO BID $13.24 5 3 Single Pipe, F.O.B. Supplier $12.50 ra ' Truck Load, F.O.B. Destination NO BID _ Truck Load, F.O.B. Supplier NO BID Sloped Ends, Pair NO BID 3 24" 16 Gauge Round Spiral Culvert 500 C'""wr"�'T Single Pipe, F.O.B. Destination $24.25 = -" • $14.25 VI $14.25 ; "'w`' NO BID $14.25 - „„ $154.00. " -. %u NO BID $16.76 7?r,,... " Single Pipe, F.O.B. Supplier $15.83 0 Truck Load, F.O.B. Destination NO BID Truck Load, F.O.B. Supplier NO BID Sloped Ends, Pair NO BID Alluminum_CorrugatedCulvert+m- 4 15" 16 Gua a Round Spiral Culvert 500 Single Pipe, F.O.B. Destination NO BID NO BID NO BID Single Pipe, F.O.B. Supplier _ Truck Load, F.O.B. Destination $9.90 Truck Load, F.O.B. Supplier Sloped Ends, Pair 6 18" 16 Gua a Round Spiral Culvert 500 Single Pipe F.O.B. Destination ff $22.38 NO BID NO BID NO BID Single Pipe, F.O.B. Supplier _' $12.38 Truck Load, F.O.B. Destination_ F' 512.38 Truck Load, F.O.B. Su lieri."'F„;r S12.38 Sloped Ends, Pair1 v' $110.00 6 24" 14 Guag a Round Spiral Culvort 500 j Single Pipe, F.O.B. Destination =ZPn $29.80 NO BID NO BID NO BID Single Pipe, F.O.B. Sup tier `� $19.80 Truck Load, F.O.B. Destination p,�",r7 $19.80 Truck Load, F.O.B. Supplier $19.80 Sloped Ends, Pair M c $193.00 7 36" 14 Guage Round Spiral Culvert 500 -- -"" Single Pipe, F.O.B. Destination^',�s4"'✓;r $39.70 NO BID NO BID NO BID Single Pipe, F.O.B. Supplier MM $29.70 Truck Load, F.O.B. Destination 3ix3%a"d $29.70 _ Truck Load, F.O.B. Supplier,�.:MM $29.70 Sloped Ends, Pair qEM17M $385.00 8 48" 14 Guago Round Spiral Culvert 500 SL;"`^ - -.n3"-,*'.. r.`}`*;,_,°°• '.._ "` w"`$m2s.*?�'r-�a`6�."�1-.+` - h Single Pipe, F.O.B. Destination c.s $49.60 NO BID NO BID NO BID Single Pipe, F.O.B. Supplier MOO $39.60 Truck Load, F.O.B. Destination '�,,115"1 $39.60 Truck Load, F,O.B. Su lier"`V $39.60 Sloped Ends, Pair _�. ;�. _ $632.00 9 60" 14 Gua a Round Spiral Culvert 500 Single Pipe, F.O.B. Destination 2?M,'��`sM14 $65.28 NO BID NO BID NO BID Supplier Single Pipe, F.O.B. Su �SML� ckal $39.60 Truck Load, F.O.B. Destination W�U�41P $39.60 TuceLEdF.P0a.r8. Su lier $39.60 Slo t034.0 0 10 72" 12 Gua a Round Spiral Culvert 500 --.. h;.'gg,,6 -11 Single Pipe, F.O.B. Destination MMM M 5100.75 NO BID NO BID NO BID Single Pipe, F.O.B. Supplier P'"�`' 590.75 Truck Load, F.O.B. Destination ffiff-.='2,9$3 $90.75 Truck Load, F.O.B. Supplier $90.75 Sloped Ends, Pairyy�_:- $1,909.00 ''-AlluminumiCorrugated,Culvert. f ,; • rte . ` 11 18" 16 Gua a Circular Culvert snn �«"4Fw'?�L'"''sftz+i""^`�`-moi'-�ra;a'xOstW*{,sr�,,, =W $24.25 �J �J / ��Ew `lh ' $14.25 V.I. ri+ / P (� .y-crg Sin le Pipe, F.O.B. Destination Single Pipe, F.O.B. Supplier CULVERTS, VARIOUS TYPES TABULATION 18-101R previously known as 17-259R--2016-137R and 2015-11 February 1, 2018 - January 31, 2019 EST ITEM QTY IN NO Item Description FEET Contech Engineered Solutions Ferguson Waterworks CPR Services & Supllies, Inc/MDN Enterprises Woodson Lumber STOCK ORDER STOCK ORDER STOCK ORDER STOCK ORDER Truck Load, F.O.B. Supplier .. - $14.25 Sloped Ends, Pair-'$„" 3 $121.00 12 24" 16 Gua a Circular Culvert 500 Single Pipe, F.O.B. Destination �WZWM $29.00 NO BID NO BID NO BID Single Pipe, F.O.B. SupplierK'i3S $19.00 . Destination Truck Load, F.O.B.�„��-* , $19.00 Truck Load, F.O.B. Supplier -`;"? $19.00 Sloped Ends, Pair _ $187.00 13 30" 16 Guae Circular Culvert 500-a -•i-51i?'°n.`r':.x+ar".:.N.�r..",',"'";"."".�,aa,=.:,T..'." `...., Single Pipe, F.O.B. Destination NO BID NO BID NO BID Single Pipe, F.O.B. Supplier 523.75 Truck Load, F.O.B. Destination - $23.75 Truck Load, F.O.B. Supplier Sloped Ends, Pair"= 5269.00 14 36" 16 Gua a Circular Culvert 500.;.;- Atom' a,�" Single Pipe, F.O.B. Destination :ar .." '. $38.50 NO BID NO BIO NO BID Single Pipe, F.O.B. Supplier u'=y.<:5"4& $28.50 Truck Load, F.O.B. Destination $28 50 Truck Load, F.O.B. Supplier -r ,.,i $28.50 Sloped Ends, Paid $373.00 15 48" 16 Guago Circular Culvert_ Soo e"'=°°c.'*3,• Single Pipe, F.O.B. Destination*•",¢" 848.00 NO BID NO BID NO BID Single Pipe, F.O.B. Supplier 538.00 Truck Load, F.O.B. Destination 538.00 Truck Load, F.O.B. Supplier y $38.00 Sloped Ends, Pair 16 60"12 Gua a Circular Culvert 60" 500 ""' ""v'"%n j'5. Single Pipe, F.O.B. Destination ^3dS?i 588.85 NO BID NO BID NO BID Single Pi e, F.O.B. Supplier Truck Load, F.O.B. Destination "'`�° $78.85 Truck Load, F.03. Supplier Mk 578.85 Sloped Ends, Pair 72" 12 Gua a Circular Culvert 5000Truck - • -' Sr Wym,.a,rc. .r g:",g"*,*,�" ? p. .. "... Sin le Pipe, F.O.B. Destination 017 BID NO 81D NO BID Sin le Pipe, F.O.B. Supplier Load, F.O.B. Destination0NO IN Truck Load, F.O.B. Su plier0Sloped Ends, Pair 00 Steal;ReinforcediPolyethylene;Culvert:&"P,ipe ! 1/n /-ZaZ '(D9 _5�2 CULVERTS VARIOUS TYPES___ TABULATION 18-101R previously known as 17-259R, 2016-137R and 2015-11 February 1, 2018 - January 31, 2019 TEM NO Item Description EST ory IN FEET Contech Engineered Solutions Ferguson Waterworks CPR Services & Supilies, Inc/MDN Enterprises Woodson Lumber STOCK ORDER STOCK ORDER STOCK ORDER STOCK ORDER 23 Single Pi e, F.O.B, Supplier 120 9MFA� ;' $11.74 $8.62 MMMM��' $8.04 WMIM NO BID Truck Load, F.O.B. Destination No Bid $8.62 �MVW $8.21 kkia"q. Truck Load, F.O.B. Supplier No Bid $8.62 :; $8.04 .F NO BID 24 18" ADS N-12 HP Storm Pie 200 x : - . x `.. ,. Single Pipe, F.O.B. Destination No Bid $11.00 ? $10.47 jA-2A2'M,9 NO BID Single Pipe, F.O.B. Supplier � $15.40 $11.00"ee3_ TOM $10.26 NO BID Truck Load, F.O.B. Destination No Bid $11.00 d! $10.47 `"°" $10.61 Truck Load, F.O.B. Supplier No Bid $11.00. U $10.26 , a NO BID 25 24" ADS NA 2 HP Storm Pie 1fi0""-,T Single Pipe, F.O.B. Destination No Bid $16.80 X14M $16.0072�=NO BID Sin le Pi e, F.0.6. Su tier $26.97 $16.80 i' ^' '"„f2 $75.68.3+.; NO BID Truck Load, F.0.6. Destination No Bid $16.80 $1600¢" $� $16.21 Truck Load,F.03. Su lier No Bid $1660 "- " -± 81568, NO BID 26 30" ADS N-12 HP Storm Pie 160x • ` :.:=.N Single Pipe, F.O.B. Destination No Bid $27.08af},n'°'1 $25.79 MMM NO BID Single Pipe, F.O.B. Supplier :, +. $41,84 $27.08 2MV411 $25.27 w&&=t5M NO BID Truck Load, F.O.B. Destination No Bid 827.08 $25.79 W M -k .z'e'd $26.12 Truck Load, F.o,B. Supplier No Bid $27.08 M5�. $25.27 ` ' NO BID 27 36" ADS N-12 HP Storm Pie 160 �'. ?cx N F '"'.. s ,'as •..' is' '.¢?3? ' Sin2o Pi e, F.O.B. Destination No Bid $32.16 V`,„r:; '' " $30.63 6' �.Y"r;x"_- i NO BID Single Pipe, F.O.B. Supplier �I$56.97 $32.16 q'k._. $30.02 a'fr°"".".aiM NO BID Truck Load, F.O.B. Destination No Bid $32.16.. $30.63 O'29 Fes.:,..,�'1 $31.02 Truck Load, F.O.B. Supplier No Bid $32.16 .M $30.02 , NO BID 28 42" ADS N-12 HP Storm Piea,,",?,z 120 - �' ' ° ' _,=?a;^z.3z `",':t-v� , ._..... u `` Single Pipe, F.O.B. Destination No Bid $42.99 A $40.95 NO BID Single Pipe, F.O.B. Supplier rs„- $69.72 $42.99 $40.1�NO BID Truck Load, F.O.B. Destination ,$ No Bid $42.99 $40.93 $4 1.47 Truck Load, F.O.B. Supplier No Bid $42.99'� . $40.13 NO BID 29 48" ADS NA HP Storm Pie 120 Single Pipe, F.O.B. Destination No Bid $53.60 ' $51.05 ftgg I NO BID Single Pipe, F.O.B. Supplier ..f�.zt;ri,,"„-�z $89.09 $53.60`.e',`,;3 $50.03 �'.,�=,"t NO BID Truck Load. F.O.B. Destination No Bid Truck Load, F,O.B. Supplier No Bid 853.60 El7'` $50.03':rg NO BID 30 60" ADS N-12 HP Storm Pie ? ?IDSin le Pipe, F.O.B. Destination No ' $82.11; .., Single Pipe, F.O.B. Supplier BID No; Truck Load, F.O.B. Destination No Bid $86.19 E'dW 882.11', `:' $83.16 Truck Load, F.O.B. Supplier No Bid $86.19.'.r'',tw"`r?; $80.46M£,'v`�'C" NO BID Hugger Bands"Re-RolletlaPg+v, ,. .... s0 31 15" Pol Hu er Band Re -Rolled 36 $13.50 y NO BID NO BID $19.30 '-f 32 18" Poi Hu er Band Re -Rolled 36 $16.88 '. NO BID NO BID $24.10 �' 33 24" Poly Hugger Band Re -Rolled 24 $21.38 M.1 NO BID NO BID $30.55 IMERM . -E "��-Offy Aluminum?Hugger;Band, Re!Roiled' 35 15" Aluminum Hugger Band Re -Rolled 36 $14.85 NO BID No BID NO BID 36 18" Aluminum Hu er Band Re -Rolled 36 -MM $18.57 NO 010 NO BID NO BID 37 24" Aluminum Hugger Band Re -Rolled 24 U90 $29.70 NO BID NO BID NO BID 38 36" Aluminum Hu er Band Re -Rolled 24 -i.. $44.55 NO BID NO BID NO BID 39 48" Aluminum Hugger Band Re -Rolled 24 V $59.40 NO BID NO BID NO BID i,=. �. • �.:„., .. s'`P' ax:^3�';�w^��aa,ExrAluminumlFlat,.Bantls�mt"` �.,ie. r ,.. x.r';"ai�s.�"' 40 15" Aluminum Flat Band 24 IWAYMAN01 $19.80 1 NO BID I NO BID NO BID 41 18" Aluminum Flat Band 24 +'.�',"'e-A„" $24.76 NO BID NO BID NO BID 42 24" Aluminum Flat Band 24 b0t,7W $39.60 NO BID NO BID NO BID 43 30" Aluminum Flat Band 24 Z5`. MAWAt� $52.25 NO BID NO BID NO BID 44 36" Aluminum Flat Band 36ay &-M, $59.40 NO BID NO BID NO BID 45 48" Aluminum Flat Band 24 $79.20 NO BID NO BID NO BID 46 84" Aluminum Flat Band 24t=, $155.00 NO BID NO BID NO BID 3rd and Final renewal: Contech Engineered Solutions: Sections 1-20, 31-46 CRP Services: Sections 23-30 M0 Award, Sections 21 and 22 due to no bids received n22r A rove by C mmissio s Court onthis dJ _ day of 2016 by holding the position ofS 1/n /-ZaZ '(D9 _5�2 B 'aZOS- County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361.4290 FAX (979) 361-4293 December I, 2017 Contech Engineered Solutions, Inc. Phone: 972-590-2000 2201 W Royal Ln Suite 260 Irving, TX 75063 Email: KKennedy@conteches.com Attn: Kenneth Kennedy Be: Renewal of Contract # 18-IOIR for Culverts previously known as #1 7-259R, #1016-137R and #1015-11 Brazos County appreciates the work provided by your company and would like to exercise the renewal option for Culverts. All terms, conditions, and pricing shall remain the same. This renewal will be For one year February I, 2018 —January 31, 2019. Contech: Sections I — 20 and 31 — 46 CPR Services: Sections 23 — 30 No Award: Sections 21 and 22 due to no bids received To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Irnaness@brazoscountytx.gov brazoscountytx.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible- If you have any questions, I may be reached at (979) 361-4284. Contact Name:. Sam Tate state@conteches.com CONTECH ENGINEERED SOLUTIONS, INC � Authorized Signa to cc SC U Duane Peters, County Judge Telephone: (972)590-2027 Vol. �=-=— P9• (972)590-2039 4/2018 Date Date I Ide/ Is }�,���=•`,`.Y Prazos County .T IFF t Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 January 10, 2018 Ray Criswell Distributiug Company Phone: 979-822-4431 2201 S College Ave. Bryan, TX 77801 Re: Renewal of Contract #18-1128 for Janitorial Paper Products previously known as #17-263R and # 2015-10. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Contract #18-112R for Janitorial Paper Products previously known as #17-263R and2015-10. All terms, conditions, and pricing shall remain the same as approved in the original contract. This renewal term will be for one year from February 1, 2018 to January 31, 2019. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4284. Contact Name: AF F -r— CLQ Telephone E -Mail: Ct', svif b1 o, swcoco 1. e �Cv, A `- co v Far: RAY CRISWELL DISTRIBUTING COMPANY Auth ig a ur zsc_f Y Duane Peters, County Judge q -,g, '-Iv3 1 R79' qZz- 2 �3v I/174_01O Date C, Date Val, 18-112R JANITORIAL PAPER PRODUCTS Previous known as 17-26312 and 2015-10 Fuhrer... / 1/1/4 e6......,.6 L.....,..... Is In.. ' - vMaS Cull Coast Paper ProStvr Industries Interline BranJ.+ Ftay Cris,.eli Olnuread R'rk F,gmpomenr anJ Bind Nans Geor ga Pacific - Bemnae'Evolution Geor 'a Pacific Georgia Pacific SupPb Gror na Pacific Item/Product etc Nmnber 375 1828001 1�5 S34.1 I 60101 o Case ' S33.20 1 ro .1wea lucase 53499 18250 30 S34.25 18280 x 54390 Parka ng Size se Paeka to Price _.gig ,R,, SI3,"4'J425. *¢`x,g' SI',843.75 - Brand Name: Geor Sia Pacific _a_0 i6 511.67 genmore!Erolutiou 1010922EV0 12/r 525.P Georeia Pamfic 2520 i6 I Geor a Pacific 2520 76 .."j;!3j2:50 Georeia Pacific ?320 6 ItemslProduce No. ills Packer 'ng Size Packer a Price $43.99 S41,95 $46.85 _ Band Nmne: 5t5 Geor gra Pacific 19850 80750 pemuore/Ecoluuat 60101 96 rolls7case r„s�Cl?49S"66 eor na Paa to -'UOI I SO rolis/case 51.494.30 Gcorna aohc la_ 80 SI.59?.90 Georgia Pacific 182ZiLl SO ' [teackagin Sitio. is Packaging Size Package Price �: '�'. s-.• Si> ,� Si.;.20 535 99 ��9^'4iG649.95 S>4 2i S43 50 Id Band Name: Geor a Pacific ,517(09SD0��...4S.y(Ay.a�.. RenmorelEvolution SI8�53430+'*"-"%'*6O'^°" Geor iia Pacific 517.638]5,. Gear is Pacific S2?aU2`50� Georgia Pacific IretNProdua Number m 250 '_3301 4000 G0441 4000rcase 2330 1 16k Qf25040D0!casc 3704 16 27304 16 Parka 'n'Size Package Pn S14,44 > SI6._0 514.99 $14.95 ` 'a :53'61000 ,so "" _3$4;OSO.U11 ""fir ^%W --;#t S3j747:o0 `r 53.737.50 ,50 is Brand Name: 45 Georgia Pacific > 910P 6/700' 2 IIenmorelErdmien 10360335EVO 6/cs S".79 Georgia Pacific 1910P 6/700' Georeia Pacific '2910P 6 �f 4,'"6?5.00 GeO "a Pacific 2910P 4!200 ItemrProdact Number PackaginSize ge Prier Packa53 4�f�U 1U 51 S,o.7.9 $ 5.6.0�. Brand Name, to Georma Pacific -930P 6!700' 53689 Bemnorer'Evohrtion 10.60 363EVO 6/cs S23 25 ., Geor :a Panne 2930P 6/700' 517.75 -S Georgia Pacific 2930P 6 .0�3 Georgia Pacific 2930P 4/200 Product Number II, henUiormi Packagng Size Parka ePrice 1'W > f4 90;`"q-'S`icza�.Ss'iU� 518.95 541.50 "x",d&g5M- N.v'Ha+ Brood Brand Name. Georeia Pacific 27385 3085 HemnordElenients 60101 30 rollstes Georgia Pacific 27385 30/85 5339.50 Gros is Pacihr 27355 30 S115.00'5R%•�sW'�°"" Geo, is Pacific 27785 30 25 heirJProduct Namhet F'ackaein' Size Pac6aLfieLe Price� . - Si8.i= $20.48 `.•';�*"-. - 1 51929 SI8.30 525.00 Si58r2_:,a,. SSiq!00`Eatktiaa'Hi3F Y'3+aF58.4%'S"S48-F35 WP S4S7,50:. Brand Name 36 SCA RK8002 6:8OU' 579.72 Prinieso ice Ocie - 8 G roilsicase - 8" X800' $35.56 No Bid Geor iia Pacific 2 6+01 G Geor •ie Pacific F 29IOP 4(100 IeemrProduet Number Packaging Size Parkare Price y """se..893a'er➢c; te. . _. F . , ...519.80 F�'8A5i..-. 5709:72 `ni}' -. S7G.00 Brand Nmne. 32 Geor nu Pacific •- Georgia 5713.80$1;296:00,+' `6 heMeka,int Number Paretic Georeia Pacific 8943000' r No Bid 59480 Brown 8918 6.SW' 6/800' 6 S4S 72 GP 89460 6-800 foot roils Paeka nn Size Package Price cw te""a`••"•. j1,4G30J�, Georeia Pacific #- ,e.... 548.29 r �-.-we > ?.. .,... 515!_`3i{`i." Sy>.j0 S1.6R0.00 $56.25 SI,R00.U0 Brand Name Buunore/Elements Georgia Pacific Geor iia Pacific Gcoraia Pacific IteiNProdnu Number 24 '7385 60501 27385 17,185 '7385 Packs incSize _. _0,85 30 rollsicase ;nrc< ,,. ._ I8-11211 JANITORIAL PAPER PRODUCTS Previous known as 17-263R and 2015-10 R.. � � •2? t � ..me�qq �S,S,�a,4 1, cola tmuuon JatlnarV 31. 2019 v(7 t r .--z'ttca`i:, Cul(Caast Pa er P.Stzr Imlmlries Imedine ArunJ< OlmvevJ-Airk f:9vipom<vt anJ Packse Pnce $IS a3 Aa. Crim ell SVPPIv' >'.vr, "r�.Yc t'S$ b,'. ' ; .¢13992'- °�'�.A.A i �:u roc I 5491 5 I 519 �9 SI8.30 $'_5.00 r ©rand Nmnc /iPe Geor na Pacific Cascades 'a +�'�*:4:;. Itam/Product Nmnber for v007W3 Gearva Pacific Geor Pacific Georgia Pacifi c Packa •N Size vb?� 31010 700?0103 I OO Wi s er box - 8 boxes r Case 50/ k • I b k9/}case 800/case 10 PackaEc Price 17t'JUse SJ .3n $39 i3 SJ7 99 .`s�"s'-'vrsf?Fi3" S43.50 S?.(IO.OV $53.13 L.at_F...X253:IR7.S0s:Ji�' iota! br can v«Wor SJ 1.94 7.81 S40-374.01 S44,254.60 S43,431.05 $54,476.70 �rlivery I I Tuesday and Thursday Only From List pric,,I 'ID R 10 5 business da S=e p p ays I No Discount moc I ,•^, Rav Criswell {-'�_[/ sio�011rt his " day oJa&a 2018 I)v `� — J holding the posistion of —BA O i7 7546 AFFIDAVIT TEXAS LOCAL COVERNNIEN'T CODE, CHAPTER 171 STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on January 23, 2018 personally appeared Sammy Catalena , who being duly sworn, deposes and says: 1. That he/she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. 24 of the Court Agendadated 01-23-18 described as —Permission to enter property on Democrat Rd. at the Navasota River. County will reestablish drainage due to erosion . would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15.000 or more of the fair market value of the business entity; or O b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or O c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or O d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above: or e. other Owner of property 3. That I will abstain from participation in the matter referred to in Item 1 unless authorized by law. SWORN TO AND SUBSCRIBED BEFORE ME this th� day of �rj 0140 ��-0_1 Notary Public in and for .'............ "�ABETHANY Iii:Fa ROM The State of Texas N1ytniun.lizp.nR�tM)�2n14 Vol 1130/2018 DEPARTMENT: Road and Bridge DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: 1/23/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS NUMBER: CC 2018 - Private Property Access - Sammy Catalena - Democrat Road - Reestablish drainage. Request permission to enter private property owned by Sammy Catalena on Democrat Road at the Navasota River. County will reestablish drainage due to erosion problem created from recent bridge construction. Site is located in Precinct 2. Commissioners Court Darrell Kolwes 01/11/2018 False False $0.00 ATTACHMENTS: File Name Description Private Property Access - Private Property Access - Sammy Catalena - Democrat Sammy Catalena - Democrat Road - Road -Reestablish drainage. Reestablish drainace.odf Duane Peters County Judge Type Backup Material Date l'23I1g VN:..a ��.� Pg, �._ - oG�JY of 9Q'Pry BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Brazos County Road & Bridge Dept. Steve Aldrich 2617 Hwy 21 West Commissioner Pct. 1 Bryan, Tetras 77803 Office: 979-822-2127 Sammy Catalano Fax: 979-775-0453 Commissioner Pct. 2 Nancy Berry Commissioner Pct. 3 Irma Cauley - - Commissioner Pct. 4 I. OWNER(S): Sammy Catalena II. ADDRESS: P. O. Box 128. . Kurten, Texas 77862-0128 III. LOCATION OF WORK: Democrat Road at the Navasota River Property ID 353588— Jesse K. Davis Survey, A-103, Tract 7, 45 acres IV. DESCRIPTION OF WORK: Request permission to enter property to reestablish drainage due to current erosion problem from recent bridge construction. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. i 4�-- Owner's Signature: a ���� Date:��— na Darrell W. Kolwes County Road Administrator Right of Way Agent 1/30/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Y'b DEPARTMENT: CC 2018 - Utility Permit - FWP Road and Bridge NUMBER: Holdings, LLC - Harris Lane & Hudspeth Road - Temporary Water Line DATE OF COURT MEETING: 1/23/2018 ITEM: Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Harris Lane a distance of 0.5 mile and Hudspeth Road a distance of 1.9 miles. Project will provide water to oil well. Site is located in Precinct 2. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Utility Permit - FWP Holdings LLC - Harris Lane Hudspeth Road - Temporary Water Line Permit.odf Commissioners Court Darrell Kolwes 01/08/2018 False False $0.00 Description Utility Permit - FWP Holdings, LLC - Harris Lane 8 Hudspeth Road -Temporary Water Line Permit. Type Backup Material APPROVED Duane Peters Date County Judge I APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now FWP Holdings, LLC [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE, OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE Bored Jacked Driven Cased Facilitv to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance HARRIS LANE 30048'15.93"N 30047'55.07"N On Surface 0.5 mile 96019'06.65"W 96019'29.84"W HUDSPETH ROAD 30047'34.65"N 30048'45.78"N On Surface . 1.9 miles 96021'08.86"W 96019'47.86"W CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Polyurethane (Flat Hose) Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 7 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60`h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save h mess Brazos County from nd agai st any and all loss, damages, cost or Vol.'...... expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a pernnit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for darnages and/or destruction of litres, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deeined sufficient by Brazos Cou nry. In the event Company fails to comply with any or all of the requirements as set forth herein, the County only take such action as it deens appropriate to compel compliance. The County Engineer further retains fine right to revoke this Permit by verbal notification to the ApplicanNCompany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction .vital/ constitute grounds for job shutdovn. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. �'nn W4° ya��r�sS LL.G d'�a fnz.ks Wu�r Compab Name 'E�t�rt L SignattU, Title lo2bo Wts : (�� S ,'r� qLq MIX., ., TX -1,o y 2 City State Zip it 3. 952 ,ss 33 Phone Nher f T41t.¢L,.; (aP to4A;xscl Email: Vol WATER UTILITY APPROVAL Brazos County offers no objection to the proposed locationof the utility in the County right of way as shown by /; accompanying drawings and notice dated /" s— 1 L except as noted below: EXCEPTIONS: e (Month/Day/Year) 0. Brazos County Road Administrator Vol. API% P9• �L BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided, for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; i'aol. 0--2 67 P9. _�— b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. Pg. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emerj&ncv work In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that servr?s-IMfMi-cnstomen — Vol. 7 pg.� 1 .6: v I Q ROAD V 14 s33 WORK S AMD Ona -10 4B• x as• S g Flw.- I a See ro e II 3g WORD S WORK O2fY 10 AHEADo ah• x sB• h 0 10' I n Qianelfxln0 deNlddD • "� m) pe enitte0 It fM 'e vwk * f Ic a nlnlya `ta; Oi JO' r�4 tM nWe°t irwvle4 vw. I ���� I - M I 3t^ a Isco Ipfoa a S sl (Son raxrea 4 6 5) s ' I - a: I I a I a ROAD 4 I, WORK EN➢ I AHEAD AOA➢ HOAK S 00-2 I .a, 48- A a8• 41 A - now 21A rf1. v IQ II o,e 1l v Q I I TCP (2-1a) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2-1b) WORK SPACE ON SHOULDER Conventional Roads ISm I.M. 4 S aD-z 4B• x 24• ISw nolo END RO.111 WORK d:a-z 4B' n0v ISee ,e 2,e ROAD:. . - LIQ WORK ilov�i�e"'�.o°.d9wrd ,,qq (J ue°f'eeec=°slmmO1vwC°asi AHEAD Traffic Ola I I OXIDE• J I I I gl I I e I END � oo nwo- 8 ➢WOflK o1" v165 see iwre t) fal�Fell 30 34• 30' 60' roro zl• 90' 35 [. = 205' 225' 245' s 70' 16D' ITO' Eo °g 40' 80' 240' Sa 95 450' 495' 540' hh 90' 120' 195' W,k rwiclvv 500' 550' 600' S0' wvt r..IO 400' 240' nwvxary 1, Ino [•n5 550' 605' fi6O' warotten. ❑0' .61lJ1k C6 ,rucM. TCP (2-1b) WORK SPACE ON SHOULDER Conventional Roads ISm I.M. 4 S aD-z 4B• x 24• ISw nolo END RO.111 WORK d:a-z 4B' n0v ISee ,e 2,e 0 LEGEND iyw J 0.- leodv .. UvrrvllxinO.wlcvp LIQ ® 7Nch Mmnted:,'. At}drypF' '(}uAl ilov�i�e"'�.o°.d9wrd ,,qq (J ue°f'eeec=°slmmO1vwC°asi 51m swomra° L Svalw Urw�E'np�a1 Traffic Ola I I tt11�� ElvOter J I I I gl I I e I a ° � oo '�f�, Inxilw 0 LEGEND iyw J 0.- leodv .. UvrrvllxinO.wlcvp r.® 1_yy Nom" Herk vo0lole.:. ® 7Nch Mmnted:,'. At}drypF' '(}uAl ilov�i�e"'�.o°.d9wrd ,,qq (J ue°f'eeec=°slmmO1vwC°asi 51m swomra° L Svalw Urw�E'np�a1 Traffic Ola 4a Flw -Tao tt11�� ElvOter vwk vAlvlo l5ao xa}o nnmw 5i �1ry«'� ulnlmn 3Fx Twer 1.*h. hao Doen rowdad off. em,.a S0a'° vnlr4me 7www icor Lewfna Ditavllxl 51m swomra° L Svalw Urw�E'np�a1 S2ATIOYA9l M% v0vleeaw J I I J gl B1 1v' n• I Ir a ° a e rn.xm.e ro' o1" v165 h0. fal�Fell 30 IB 2 150' 165' 180' 30' 60' 120' 90' 35 [. = 205' 225' 245' JS' 70' 16D' ITO' 40 265' 295' 320' 40' 80' 240' 155' 95 450' 495' 540' a5' 90' 120' 195' 50 500' 550' 600' S0' 100' 400' 240' 55 [•n5 550' 605' fi6O' S5' ❑0' $00' 295' 60 600' 660'1720' 60' 120' 600' S50' 65 660' 715' 780' 65' 130' 700' 410' 700' M' 840' 70' 140' 800' 475' M 75 750' 82'.' 900' 75' IW' 900' 540' vwk vAlvlo l5ao xa}o iF Owrmtl.M Rodd` Only �) 3Fx Twer 1.*h. hao Doen rowdad off. Lp.S i[Ru L-LewrhM rcv IFT) F-Ylatn of OffW("I S•Poeed Swed PPR) I $i.1iIGM4Rl 1fIN 574110NARY S2ATIOYA9l J J I I J gl 'I GENERAL NOTES Flwl arfsCe6 t0 elQ.a NRfe Lbn. nt REQUIRED. 5I L All }ryfflC mlfrel QOvkm II IV:4cIM Ce RLDInal elscr In - .1..IJh IM trIT411v an my M .1",d Melt eIeM In IM olma °r 1> rwtlM evinknxA rWk `I9n 40?evaE q IN Ef51Mar. 3. SfwMl led nQn.N.l Yoe1d Oa Olaovd 4 eIII. a 70 feet frm .10 nvvlad m7. a. Y *11o1e rim Iw a "n In'.1t, r0M1w, rl4wind. cml llelw Q xtfv54 114116. A Slatlov VcnIclo vlfh d TO; anwid M Wd mTlf;m I1 am w OwI11m.M 30 tv 100 fee In wr. of Mo adv a vM cx o vl}tM 6 rvely effeetlw Ma � 0 hiewlro avf fwd mor. k10a Iftuv11V Iw } 1. anlrvl I. 'I., 75De J Dnrrle ,, m ~ Qn nellilw .1. am b v tliew fa in. Shx vel.k and NA. 5. AMI11=1 Sn d Vihklec wlM IN6s wY w Mltlavd off ft ddood m . mar to Mom M in v6+ t° p Ica a vIh v M. 6. Eee IP(S:I) fv d IG mk m dM,ded hlpYgF, 9weega md hW g 7. In¢rlvo wR 1M101av rc a ePJ(evmt M'kBd MT rn° nm! 1 mrJ ml DVMd m}M Din vlLVlldm. e. Mt-, •SK DI vCRR' elm: s] m oed In vlttv el CNxt-IO i LE 'RD1D lEM 1X40' OIQn Ic xhvlC'1 Ck m cdNNll4lgl I.M. 'AM For w llr [w dr mvintenww wn}raot vorh...Ific eo rano °:I' In Irnnee M.I + i—F11Et L w for 502COe evriwdo0, Mona wd TrOft. Wald 100. IK I AD TOx05 DAwrf=,Yof Tronsporldlon TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TYPICAL lIS0.CE SNOtIi sXCA1 iEAu tMEM0IA7F Lp.S i[Ru W9ILC DNIATION $i.1iIGM4Rl 1fIN 574110NARY S2ATIOYA9l J J I I J TCP (2-1c) TCP(2-1)-12 WORK VEHICLES ON SHOULDER Conventional Roads la7 4+p 1/30/2018 Item Coversheel /t L BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2018 - Utility Permit - Wildhorse Resources Management Road and Bridge NUMBER: - Wallin Road - Temporary Water Line Perm DATE OF COURT MEETING: 1/23/2018 ITEM: Consider and take action on the Wildhorse Resources Management, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Wallin Road a distance of 1,975 feet. Project will provide water to oil well. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 01/08/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS File Name Description Type Utility Permit - Wildhorse Resources Management - Utility Permit- Wildhorse Resources Management- Wallin Backup Material Wallin Road - Road -Temporary Water Line Permit. Temporary Water Line Permit.0f APPROVED Du Peters Date It �g County Judge j TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wildhorse Resources Management Company. LLC. [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE Bored Jacked Driven Cased WALLIN ROAD 45' Facility to Parallel County Road Within Ri tgh Of -Way Road Name and Block Number" From To Depth Distance WALLIN ROAD 30038'30.98"N 30038'37.23"N On Surface 1975 feet 96035'03.08"W 96034'41.51"W CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Polyurethane (Flat Hose) Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60`s day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless d all loss, damages, cost or Vol. CZ6 7 pg. F expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. 'Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the eventtCouhparhy fails to obtain a permit prior to the Installation or does not install utilities in compliance with installation requirements set forUi herein (i.e. depth, location, etc), Compmry assumes all financial responsibility for dan:ages and/or destruction of lines, cables, eta based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the teras of this policy, Applicant stipulates that requisites for Injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant Witch Is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any Hate, in the sole discretion of Brazos County, for interests of public health, safety or wefare, or for failure to repair any damages upon daunand, or for mry other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, Ale County may take such action as it deems appropriate to compel couipliance. The County Enghteer further retains the right io revoke thisPerudt by verbal notification to tileApplicant/Cotnpany. Failure to obtain this permit andlor.notify the County Engineer's Office within 24 hours of beginning construction shall constittde grounds forjoh shutdmvn. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. WildHorse Resources Management Co. LLC. CompanyName Josh Mmh By; v atllTe Engineering Analyst Title 9805 Katy Fwy. Suite -400 Address Houston TX 77024 City State Zip (713)255-9362 Phone Number Jmarsh@whi-Ile.com Email: r WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /—C{_ / except as noted below: EXCEPTIONS: c��Ct. (Month/)ay/Year) IQ L. -0, 4,„ Brazos County Road Administrator Vol. % Pg. J PLAN VIEW CENTERLINE , TYPICAL SECTION 0 SHOW NORTH ARROW x ZS b T 1 COUNTY ROADCJedl iK Rb-� 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDIOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDI OR SECTION BRAZOS COUNTY ROADWAY SAFE; W AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN 131ZAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best managenunt practices ("LIMP") (EPA and TCEQ both provide lists of examples of f3MPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and properq shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. 'file construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. hi the event damages occur, permittee will be liable to the County or other utilities running through the right of way. G. County Engineer shall determine whether or not penmittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or ifan alternative exists so as not to inconvenience the public. R. Safely Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of thejob. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TiMUTCD). see Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Ingincer. C. Tra%Tc Control Plan 1. A lraflic control plan, pursuant to the TMUfCD or Engincered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. Pg. _ b. if construction is within ten (10) feet of the roadway; or c. Any «rock performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All undergrowid installations shall (these are mininmun depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch Flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (43) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch now line and cased. Waterlines shall be cased if crossing under the roadway. S. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally I Phone — 2 to 4 feet; nominally 3' Gas — 4 to 6 feet, nominally J' Cable — 6 to S feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval ofeach utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. S. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 homy notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting- Operations; routingoperations; F G 7 fig.S. c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling andjoints. 9. Bore Pits: a. no pits shall remain open longer than 2 clays; b. all pits shall have proper traffic control measures in place. see Traffic Control Plan listed above, c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval fironl the County Engineer or his representative; d. when pits are to remain open for more than R hours, clue diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f based upon soil conditions, the County Engineer or his representative may require pits be placed Further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions. the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERNIANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engincer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to notjcoparclize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the clantage and replacing the right-of-way to the condition it was prior to comillenclllfl Coil st rued Oil. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting l IVIUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.). Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. 'file applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Enierteucr work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company E01. �_ 7 Pg' --,_— shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. 1% Repairs to esisling facililies 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be perlormed until plans describing such maintenance and/or repair have been approved by the County Fngineer or its designated representative and a permit has been obtained. C. Relocation ofutiliNes When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other Facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the Count}' Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. N. High Pressure Pipelines All utility Permits for high pressure pipelines (generally 60 PSI or greater); whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -ntaxinuun operation pressure of the pipeline 2. With the exception ol'tlte maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvne of Pipeline (below deencst ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10No concrete pad required Non -Cased pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be mininwm of Y thick and width shall be pipe diameter plus I8" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is aline that se r�� va. 22-_4 7 pg. �_ I 8 010 E � I � WAD WORK 0 AHEAD z .a• �4 I b'• I fi I R� I m of Isoe rorea . a v I I I I I I I I E 3 � I I asst nV ANFAD CRO -10 a• x .e" ISrcMaM•e. I I TCP (2-1a) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2-1b) WORK SPACE ON SHOULDER Conventional Roads ='2 .a• x 21 - ,so mM 2)A M-2 ee• x 2.• ISev rote 21A LEGEND TYPICAL (.)SAGE ulnlu (cty.tp 411. YyNnn SiCNf .e Yamy Xpk Vp11c1D r� rYCN MDtMeY• ♦Mcriplo/ Irx.l IP TRIIN YT.'faG (Icat:nY w.c.6m0 /� INf DpYmle ItmRmle Y,..<W $IW ROrS) J. $Ipr T—ft. Flw A Flo] tQ (lo d �x re!Ilcle (see x,,. jl �f 4Clvmtlancl RWG, Onl) f ?FM ]mer Id D!!. E-tg. Of rmtm +•VtM Or erzortr:l s•Dvxec sdxlleYl I t• �I b' ;I GENERAL NOTES 'I t. (Ivy mtm.e tD .Iw m. a+:n v. DkS:IDm. r0� L x11 !rcr!:c cct'YYI 0rlcw II IY(tlmC c. MNI.E:. mvY 'r.c. – evDnM .tm aro rclv.l. ercol .q d mJita rm nem m rrq v Dlw, > !v (wI1M mlmw.. vk +e+ ma..a q n u,cleee.. ]. s+mlmNm s!vlal Axa1e w Dtema a dnlvy a u rm rrm I r>nf trawl.a .D(. <. St2r rgml..lb m cc NA In!saly rrn It, nmlrc ncI I1CIM ,r R>s. IIp4 a 4OY Ynlcls N!10 tVt 0.bJIC C. I Mea vnla 1: m. d DMlnma x m :m !<ef In m.vcv er !h vm v( cn .IXR<e vl,:.i: ¢'+c[elY ,rfKilq'M I pr}s<ws c azl lry .f tb .ai. 1! mob. o'r m IaCer Cv:m< tt: ettC v q -F emCltlYa r.0.1re fb 'rer!te g14D1 to r�.In I� Dlap. lyq ] tm 1. > a:. Omellcl.'e pvlm. m( M .Wt1MM !y tN StL YU.I.Ie OA . 5. rmltlrnl 'hcb. r.11lelw .I11 TMe ery a oe.ItteW e!! To Dart avrme, Mn Ta tlwro o�D.+ In veer n vo!xt a na;r .crx .Dom 6. Sa f915 -II !a tleJlb ak m elvl6V n1oTeY.. mYew.er. Oti :. :Mtl.. aF Mi.la K P..V wipal NUIG b mrtN Iv !d rl0oror-p I iR oq T. NY! M id pNN CWlos. ' A nma •slna]x .on• aw m >• uaa :. ma. er a.2rle I •nau eaa 3x6D]• .Iw ry >wltrr .y. m x.+'mtioMl rwe.vr.. I • i> �ructlm r vel.'rt�s<.v wnt-aC .Cx. ,aeol riG Drat.=' raGI�R' (s !Y ['Sb+ vellclee CC: % !0.Iq I In tlq {ro)ecf CEIIFAA:.W1LS tp :t® 'A1, D ev 1., Slp mE T'a'il. xmC4rp. K I o T=5 G!(wrm-1 of T'crn5 ejm nvrx r�vu aert,� TRAFFIC CONTROL PLAN " CONVENTIONAL ROAD SHOULDER WORK TCP (2-1c) TCP(2-1)-12 WORK VEHICLES ON SHOULDER Conventional Roads TYPICAL (.)SAGE ulnlu (cty.tp 411. YyNnn SiCNf .e lar.ub p<Irtpb ty twgrM pp.yl hllp IP �tl ql J J I J I I + ID' n• rr m e m.txa.o. y' 19 ( 150' 165'1 150' 3C' 1 W' 120' 90' 35 2^5' 22s'121s' 35' i t0' tW' t2o" <0 � 265' 235'1 3i0' ao' !'+' 2m' 155' IS 150 195' 540' W I W. 322' 195" W 500' $50' 600' •A' :CO• 100' 210' 55 E•!5 550• 605'1 660' 55' 1 1t0' 500' ns' 60 YA• 660.1 ]:c• W. I tA' 600' 354' 65 1 fi5' :SC' 700' o• To - TO too'A 700' YO' 1 <0• 600' 175' T5 Lo' I en' "O'l Is. I :50' I 900' S<o' �x re!Ilcle (see x,,. jl �f 4Clvmtlancl RWG, Onl) f ?FM ]mer Id D!!. E-tg. Of rmtm +•VtM Or erzortr:l s•Dvxec sdxlleYl I t• �I b' ;I GENERAL NOTES 'I t. (Ivy mtm.e tD .Iw m. a+:n v. DkS:IDm. r0� L x11 !rcr!:c cct'YYI 0rlcw II IY(tlmC c. MNI.E:. mvY 'r.c. – evDnM .tm aro rclv.l. ercol .q d mJita rm nem m rrq v Dlw, > !v (wI1M mlmw.. vk +e+ ma..a q n u,cleee.. ]. s+mlmNm s!vlal Axa1e w Dtema a dnlvy a u rm rrm I r>nf trawl.a .D(. <. St2r rgml..lb m cc NA In!saly rrn It, nmlrc ncI I1CIM ,r R>s. IIp4 a 4OY Ynlcls N!10 tVt 0.bJIC C. I Mea vnla 1: m. d DMlnma x m :m !<ef In m.vcv er !h vm v( cn .IXR<e vl,:.i: ¢'+c[elY ,rfKilq'M I pr}s<ws c azl lry .f tb .ai. 1! mob. o'r m IaCer Cv:m< tt: ettC v q -F emCltlYa r.0.1re fb 'rer!te g14D1 to r�.In I� Dlap. lyq ] tm 1. > a:. Omellcl.'e pvlm. m( M .Wt1MM !y tN StL YU.I.Ie OA . 5. rmltlrnl 'hcb. r.11lelw .I11 TMe ery a oe.ItteW e!! To Dart avrme, Mn Ta tlwro o�D.+ In veer n vo!xt a na;r .crx .Dom 6. Sa f915 -II !a tleJlb ak m elvl6V n1oTeY.. mYew.er. Oti :. :Mtl.. aF Mi.la K P..V wipal NUIG b mrtN Iv !d rl0oror-p I iR oq T. NY! M id pNN CWlos. ' A nma •slna]x .on• aw m >• uaa :. ma. er a.2rle I •nau eaa 3x6D]• .Iw ry >wltrr .y. m x.+'mtioMl rwe.vr.. I • i> �ructlm r vel.'rt�s<.v wnt-aC .Cx. ,aeol riG Drat.=' raGI�R' (s !Y ['Sb+ vellclee CC: % !0.Iq I In tlq {ro)ecf CEIIFAA:.W1LS tp :t® 'A1, D ev 1., Slp mE T'a'il. xmC4rp. K I o T=5 G!(wrm-1 of T'crn5 ejm nvrx r�vu aert,� TRAFFIC CONTROL PLAN " CONVENTIONAL ROAD SHOULDER WORK TCP (2-1c) TCP(2-1)-12 WORK VEHICLES ON SHOULDER Conventional Roads TYPICAL (.)SAGE In:tt SiCNf s.q.; :rlY INiO uetx:t t'Jle :(A. oF3't0. Si3iIM,Rr :[al 51::¢W( 513tt0W1 J J I J I I 1Ll'lll �V YM1 Jl1V VL DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name P7-01-19-18-CC.cdt r aE,c r vi i BRAZOS COUNTY BRYAN,TEXAS NUMBER: 1/23/2018 Expenditure Journal Entries • Expenditure Journal Entries: 120153; 010001 - 010003 Commissioners Court 01/18/2018 False False $0.00 Description Tvpe Expenditure JEs Backup Material P D —:7w, "3)1:� Date Duane Peters County Judge 19 01182018 120153 TSF 4500,0100 13A#13. 3/18 Y 335960 4500 4500 91300000 335961 4500 4500 11005200 335962 0100 0100 11005200 335963 0100 0100 49015000 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TSF 4500,0100 BA#13. TSF 4500,0100 BA#13. TSF 4500,0100 BA#13. TSF 4500,0100 BA#13. 64,293.08 64,293.08 128,586.16 128,586.16 64,293.08 64,293.08 128.586.16 128,586.16 RUN DATE 01/18/18 TIME 13:06:14 SUNGARD PENTAMATZON - FUND ACCOUNTING 01/18/18 BRAZOS COUNTY, TX PAGE 1 ACCOUNTING PERIOD: 4/18 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR HOLD RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 01+18x18 0 0040 TSF 1600,0100 BA #14 4/18 Y 335964 1600 1600 9130000D TSF 1600,0100 BA 414 20,000.00 335965 1600 1600 11005200 TSF 1600,0100 BA 414 20,000.00 335966 0100 0100 11005200 TSF 1600,0100 BA #14 20,000.00 335967 0100 0100 49032000 TSF 1600,0100 BA #14 20,000.00 TOTAL JOURNAL ENTRY 40,000.00 40,000.00 TOTAL CONTROL NUMBER 4D,000.00 40,000.00 01-18-18 0.10001 Jan 18 Health Dept 4/18 Y 335912 0100 1100200D 73510000 Jan 18 Health Dept 29,929.17 335913 0100 0100 11005200, Jan 18 Health Dept 29,929.17. 335914 9100 9100 11005200 Jan 18 Health Dept 29,929.17 335915 9100 9100 43041200 Jan 18 Health Dept 29,929.17 TOTAL JOURNAL ENTRY 59,858.34 59,858.34 01-18-18 . 010002 Jan 18 Retiree Healt 4/18 Y �. 35916 5000 5000 11005200 Jan 1B Retiree Healt 186,339.00 b7 35917 5000 5000 46028400 Jan 18 Retiree Healt 186,339.00 .• 35918 0100 11000100 53310000 Jan 18 Retiree Healt 174,886.00 35919 0100 0100 11005200 Jan 18 Retiree Healt 174,888.00 35920 9100 53000100 53310000 Jan 18 Retiree Healt 4,164.00 35921 9100 9100 11005200 Jan 1B Retiree Healt 4,164.00 35922 9700 551100 53310000 55111800 53310000 Jan 18 Retiree Healt 6,246.00 1 35923 9700 9700 11005200 Jan 18 Retiree Healt 6,246.00 35924 3000 424100 53310000 Jan 18 Retiree Healt 1,041.00 35925 3000 3000 11005200 Jan 18 Retiree Healt 1,041.00 TOTAL JOURNAL ENTRY 372,678.00 372,678.00 1-18-18 0. 0003 Jan 18 Survivor Spou 4/18 Y 5926 0100 11000100 53370DOO Jan 18 Survivor Spou 1,041.00 5927 0100 0100 11005200 Jan 16 Survivor Spou 1,041.00 - 5928 5000 5000 46028100 Jan 18 Survivor Spou 1,041.00 5929 5000 5000 '_1005200 Jan 18 Survivor Spou 1,041.00 TOTAL JOURNAL ENTRY 2,082.00 2,082.OD TOTAL CONTROL NUMBER 434,618.34 434,618.34 +++.w:»a+«.a+aa+«++«aaa+aaa+aaa+a+aa+aa+aa+a+aaaaaa+a+aa+a+»+,,aaaa+a+awaa+awa«aww«a»w+.+.aaa+xxa+:aaaa+a+aaaa+.+aa.+aaa+,++. WARNING CASH BALANCE FOR FUND 3000 EXCEEDED CURRENT BALANCE IS -7975.83 TOTAL ENTRIES 1041.00 PROJECTED BALANCE -9016.83 as aaaaaaaaaa+++waa.awaaa++«+++«+x xxxx«a«axawxa.xxx wa wa xaaaawaa.aaaa+.aaaaa aaa+aaa+:.aaaa::aaaa++++++wa++x»w++«+««x++++++++«+«««a++ 01182018 120153 TSF 4500,0100 13A#13. 3/18 Y 335960 4500 4500 91300000 335961 4500 4500 11005200 335962 0100 0100 11005200 335963 0100 0100 49015000 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TSF 4500,0100 BA#13. TSF 4500,0100 BA#13. TSF 4500,0100 BA#13. TSF 4500,0100 BA#13. 64,293.08 64,293.08 128,586.16 128,586.16 64,293.08 64,293.08 128.586.16 128,586.16 RUN DATE 01/18/18 TIME 13:06:14 SUNGARD PENTAMATZON - FUND ACCOUNTING 01/18/18 BRAZOS COUNTY, TX PAGE 2 ACCOUNTING PERIOD: 4/18 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR HOLD RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION TOTAL REPORT DEBIT AMOUNT 603,204.50 CREDIT AMOUNT 603,204.50 RUN DATE O1/18/18 TIME 1_3:06:14 SUNGARD PENTAMATION - FUND ACCOUNTING U0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 16.1-16.7 On this the 23rd day of January 2018 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 R Irma Caulcy, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23rd day of January 2018 the Court heard and approved a budget amendment for the 2016-2017 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 5 September 2017, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of January 2018. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. P9. /G� SRAZOS COUNTY, TEXAS SUDGETAMENDMENTS No. 17118-16.1 1/2312018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease HOT Fund Hotel Occupmcy OccupancyTax Capital Outlay 19,044.00 HOT Fund Hotel Occupancy Tax Minor Acquisitions 1904400 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 1100 11002500 80286000 CR Equipment - Other 19044.00 1100 11002500 67286000 DR Equipment - Other Hotel Occu ancv Tax Fund Reallocation of funds to the appropriate account to cover the purchase of four 4 onable bleachers. Fo �tAccountio'7'ur oses,Ou1 ".s. ,.--;s :. A7 r,F�,4..r:s`ii��'n'_l:�i`A(J4S3°''.`.:;.fa-lir:7i':':Kt'?%....wl�.;fi.v��?kkt��i'§'i'''.'$Ge':�?'�,.,a3;��?''n'�'.'"�.R6:rr•:, iiS;iti",.f�?ti4�'! FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 1100 11002500 80286000 CR Equipment - Other 19044.00 1100 11002500 67286000 DR Equipment - Other 19,044.00 VOL BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18.16.2 vmmmp FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund County Dmg Court Pro;ram Other Revenue 500.00 General Fund County Drug Court Program De anmental Su ort 500.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 46023000 CR 500.00 0100 22700100 61235000 DR Donations - Other County Drug Court Program To recognize revenue for the donated funds from Shane Phelps to be used for the Dmg Coun Program. 'Fbh'4cco`urihn-fur oses:Onl s'"."�7i.r'Y�s�.::;�'..Uzia'd�,WS.'�t*�.�"i�i�S'13.`.�.w"-."%i,SS'R'�»"Ie,':-.�f.�i.'{�"'.4"+ ,1'r6y'6'�4"...2a"-"_'.L.�xf:2fd:?�K,E�i%1 i.•i;FaNX.aSk Ri'LF�?i%5".�=r� FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 46023000 CR 500.00 0100 22700100 61235000 DR Donations - Other 500.00 BRAZOS COUNTY, TEXAS SUDGETAMENDMENTS No. 17/18 -16.3 1/23/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Brazos County Grant Fund BrazosConntyGrant Fund Into nvemmemal 119,080.00 Brazos County Grant Fund RiBe-Resistant 13o4y Armor Minor Acquisitions 119,080.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 3000 48062500 CR OAG-Rifle-Resist Body Arm. 119080.00 3000 283100 67286000 DR Equipment - Other 119,080.00 Brazos County Grant Fund Recognize a new grant approved for the 50 to purchase ri0e-resistan; body armor for various law enforcement departments within the County. Estimated to purchase 130 vest (est. cost of $916 per vest). ;1•Qi.Aceou`n`N7�T.ur ses'.Oiil�^. k.r x.l';.`s.'t'+'. rx, t"V�£c„a`;�.�trw"_":;Ss �"':"sza'`+!=ar...`Lw,.".5.ar.:;9, 3iK.vn.. „�'r;S�?4�.".'r�",.tatie ;i- _S-,'?; ?S` t.. »i`?'.�;1, .tisl�.S�`„8"`,'�e". FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 3000 48062500 CR OAG-Rifle-Resist Body Arm. 119080.00 3000 283100 67286000 DR Equipment - Other 119,080.00 Fbi. 6 poi BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 16.4 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Juvenile Services Administration Departmental Support 6,000.00 General Fund Juvenile Services Administration Contactual Services 6,000.00 DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 31000100 61110000 CR Conference & Seminar Fees 2,993.00 0100 31000100 61801000 CR Travel 3005.00 0100 31000100 71025000 DR Contract Services 6,000.00 Juvenile Services Reallocation offends to the appropriate account to pay Texas A & M clinical doctors] student who will provide direct clinical psychological services to the Brazos County Juvenile Department. VOL FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 31000100 61110000 CR Conference & Seminar Fees 2,993.00 0100 31000100 61801000 CR Travel 3005.00 0100 31000100 71025000 DR Contract Services 6,000.00 VOL BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118. 16.5 1/23120`18 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Minor Acquisitions 7,187.44 General Fund Information Technology IT. Services Departmental Su ort 303.44 General Fund Information Technology I.T. Services Minor Acquisitions 6,884.00 DRICR ACCOUNT NAME Increase Decrease 0100 1/000500 67203000 CR Minor Computer llarda'are 7,187.44 0100 14000200 60211000 DR Sofhvare-No Taz 303.44 0100 14000200 67205000 DR Network Cost 6,884.00 Commissioners Court and Information Technologv Reallocation of funds to the appropriate account to cover the cost of the Production Server Refresh Project. Fo'r .\ttouritin `Ruc'-s'e's.OnlTi%,'"�;5. M�, �.v.@4,7+3^�!"'Z".is�G3 •'(LdC�.�a, '$: ..:`r2.r TFkz6.w"m ra:.«'F.�?iiY�S's`3'?c R. `x`7333" .:-:5"ir-' :u '.`,?Y•:'L d FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 1/000500 67203000 CR Minor Computer llarda'are 7,187.44 0100 14000200 60211000 DR Sofhvare-No Taz 303.44 0100 14000200 67205000 DR Network Cost 6,884.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 16.6 112 312 01 8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners'Court Non -De anmental Minor Acquisitions 1,543.41 General Fund Purchasine Minor Acquisitions 1,543.41 Commissioners' Court and Purchasing Reallocation of funds to the appropriate account to purchasc a laptop. Fp'r.Accou'rihn",,P,ur ses!Onl':)#�a'Is#' FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Computer Hardware 1543.41 0100 16500100 672030000 DR Minor Cam uter Hardware 1,543.41 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.16.7 112312018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners Court Non -Departmental Minor Acquisitions 1,375.00 General Fund Expo Minor Acquisitions 1,375.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67286000 CR Equipment - Other "75.00 0100 36000100 67286000 DR E ui meni-Other 1375.00 Commissioners' Court and Expa Reallocation of funds to the appropriate account to purchnse a pressure washer. Vol. v2� 7 Pg. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67286000 CR Equipment - Other "75.00 0100 36000100 67286000 DR E ui meni-Other 1375.00 Vol. v2� 7 Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 23, 2018 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 Brazos Center Zingelmann, Hunter Separation County Attorney Bradley, Kathryn M. Change of Status Bradley, Kathryn M. Change of Status Lindblade, Allison L. Change of Status Quisenberry, Eric K. Change of Status Rex, Michael B. Change of Status Richey, Jake V. Change of Status Elections Administration Coppinger, Stephanie Employment Facilities Services Ybarra, Michael Separation Juvenile Services — Detention Coleman, Derek O. Separation Kirby, Craig A. Separation Thurman, Barbara A. Separation Road & Bridge Hinton, Kimberlynn N. Separation Sheriffs Office —Admin. Ward, Laura Employment Sheriffs Office — Detention Beal, Joseph B. Employment Conover, Ryan K. Separation Sparks, Brettnye N. Employment �� 1 V 41a. Approved in Commissioners' Court: January -23-2018 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. o��— Pg• -�— BRAZOS COUNTY SHERIFF'S OFFICE RACIAL PROFILING 2017 TOTAL NUMBER OF VEHICLE STOPS 8457 Number of motor vehicle stops: 1. 1214 Citation Only 2. 259 Arrest Only 3. 47 Both 4.1 1520 Total (4,11,14 and 17 must be equal) Race or Ethnicity: S. 290 African 6. 26 Asian 7. 727 Caucasian 8. 468 Hispanic 9. 6 Middle Eastern 10. 3 Native American 11.1 1520 Total (4,11,14 and 17 must be equal) Race or Ethnicity Known Prior to Stop: 12. 60 Yes 13. 1460 No 14. 1520 Total (4,11,14 and 17 must be equal) Search conducted? Is. 200 Yes 16. 1320 No 17. 1520 Total (4,11,14 and 17 must be equal) Was search consented? 18. 87 Yes 19. 113 No 20. 200 Total APPROVED Duane Peters Date -Cyounty Judge Vol. PQ' / /a_' ,�5 Racial Profiling Report I Tier one Agency Name: BRAZOS COUNTY'CONSTABLE PCT. 3 Reporting Date: 01/12/2018 TCOLE Agency Number: 41103 Chief Administrator: J.P. INGRAM Agency Contact Information: Phone: 979-694-7900 Email: Mailing Address: AREGMUND@BRAZOSCOUNTYTX.GOV 1500 GEORGE BUSH DR. COLLEGE STATION TX 77840 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1), Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling BRAZOS COUNTY CONSTABLE PCT. 3 has adopted a detailed written policy on racial profiling. Our policy: 1.) clearly defines acts constituting racial profiling; 2.) strictly prohibits peace officers employed by the BRAZOS COUNTY CONSTABLE PCT. 3 from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the BRAZOS COUNTY CONSTABLE PCT. 3 if the individual believes that a peace officer employed by the BRAZOS COUNTY CONSTABLE PCT. 3 has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the BRAZOS COUNTY CONSTABLE PCT. 3 who, after an investigation, is shown to have engaged in racial profiling in violation `` BLE PCT. 3's policy adopted under this article; Vol Do 7 Pg. //J7 issued and to arrests made as a result of those stops, including information relating to: a.) the race or ethnicity of the individual detained; b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(b) to: a.) the Commission on Law Enforcement; and b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Executed by: J.P. INGRAM Chief Administrator BRAZOS COUNTY CONSTABLE PCT. 3 Date: 01/12/2018 Val. CKNOWI .. ED 23 `� Duane Peters Date County Judge BRAZOS COUNTY CONSTABLE PCT. 3 Motor Vehicle Racial Profiling Information Total stops: 52 Number of motor vehicle stops Citation only: 52 Arrest only: 0 Both: 0 Race or ethnicity African: 12 Asian: l Caucasian: 34 Hispanic: 5 Middle eastern: 0 Native american: 0 Was race known ethnicity known prior to stop? Yes: 0 No: 52 Was a search conducted Yes: 0 No: 52 Was search consented? Yes: 0 No: 0 TI_ Submitted electronically to the 0� Racial Profiling Report I Tier one Agency Name: Reporting Date: TCOLE Agency Number. Chief Administrator. Brazos County Constable, Pct. 4 01/17/2018 41104 Isaac Butler, Jr. Agency Contact Information: Phone: 9793614266 Email: ibutler@brazoscountytx.gov Mailing Address: 300 E. 26th Street, Suite 470 Bryan TX 77803 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1), Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling Brazos County Constable, Pct. 4 has adopted a detailed written policy on racial profiling. Our policy: 1.) clearly defines acts constituting racial profiling; 2.) strictly prohibits peace officers employed by the Brazos County Constable, Pct. 4 from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the Brazos County Constable, Pct. 4 if the individual believes that a peace officer employed by the Brazos County Constable, Pct. 4 has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the Brazos County Constable, Pct. 4 who, after an investigation, is shown to have engaged in racial profiling in violation of the Brazos County Constable, Pct._4's olicy adopted under this article;P�."- a.) the race or ethnicity of the individual detained; b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual, and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(b) to: a.) the Commission on Low Enforcement; and b.) the governing body.of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Executed by: Isaac Butler, Jr. Chief Administrator Brazos County Constable, Pct. 4 Date: 01/17/2018 ACKIVO ED nY/ U Duane Peters Date County Judge Brazos County Constable, Pct 4 Motor Vehicle Racial Profiling Information Total stops: 424 Number of motor vehicle stops Citation only: 417 Arrest only: 0 Both: 7 Race or ethnicity African: 40 Asian: 11 Caucasian: 286 Hispanic: 81 Middle eastern: 5 Native american: 1 Was race known ethnicity known prior to stop? Yes: 0 No: 424 Was a search conducted Yes: 2 No: 422 Was search consented? Yes: 2 No: 0 Submitted electronically to the The Texas Cot=1 49-Ercement