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2018-03-27 10:00AM REGULAR MEETING
BRAZOS COUNTY BRYAN,TEXAS I....._ f......,_, NOTICE OF MEETING AND AGENDA QW0"rii "F BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 27, 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 - Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-24 3. Proclamation 18-018 declaring May 2018 as Mental Health Awareness Month. 4. Approval of Health & Wellness Clinic Leave Policy. 5. Approval of the Property Renewal Questionnaire and Schedule with Texas Association of Counties. 6. Approval to issue a diners club credit card to Sheriff's Office employee Laura Buttgenbach with a credit limit of $1,000.00 for travel purposes. 7. Extension of contract #17-26OR for pharmaceuticals with Contract Pharmacy Services. 8. Approval of amendment to contract # 18-091 with Hayward Baker for McAllester Lane Rehabilitation. 9. Award and approval of contract for RFP # 18-097 Expansion of Juvenile Detention Facility. The committee recommends an award to Collier Construction in the amount of $17,399,000 including the base bid and all alternates, 1-8. 10. Award of bid # 18-107 for Automotive & Equipment Oils & Lubricants. Recommended award: Petro Choice/ Universal Lubricants. 11. Approval of contract# 18-128 Internet Services Providerwith FiberLight. 12. Acceptance of Special Warranty Deed from the JBMHFM Estate, LLC for 0.209 of one acre of land to be used for a bridge replacement on Scasta Lane located in Precinct 2. 13. Acceptance of a Special Warranty Deed from Phyllis Bonifazi for 0.30 of one acre of land to be used for a bridge replacement on Dilly Shaw Tap Road located in Precinct 2. 14. Consider and take action on the Wickson Creek SLID cost estimate of $8,900.00 to relocate a two inch water line and two meters along with boring two driveways on Copperhead Road. This work is needed in order to accommodate the improvements being made to Copperhead Road. A two inch tap will also be installed for County forces to draw water for roadway work. Site is located in Precinct 2. 15. Consider and take action on the W ickson Creek SUD cost estimate of $13,350.00 to relocate 700 feet of 2" water line, 2 water meters and rebore crossing under FM 2038. This work is needed in order to accommodate the improvements being made to Forsthoff Road. Site is located in Precinct 2. 16. Consider and take action on the Wildhorse Resource Management Co., LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Broach Road a distance of 1,600 feet. Project will provide water to an oil well. Site is located in Precinct 2. 17. Consider and take action on the W ickson Creek Special Utility District utility permit to construct a 40 ' road bore for a 12 inch water line crossing under Hicks Lane 10 feet northeast of FM 158. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Site is located in Precinct 2. 18. Consider and take action on the W ickson Creek Special Utility District utility permit to construct an 80' road bore for a 12 inch water line crossing under Elmo Weedon Road 10 feet northeast of FM 158. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Site is located in Precinct 2. 19. Approval of the Treasurer's Report for January 2018 20. Expenditure Journal Entries • Expenditure Journal Entries FY 17/18 040004 21. Tax Refund Applications for the following: • a. Sylvia Lopez -Baugh - Overpayment $756.49 • b. Megan McMurry - Overpayment $411.63 • c. Hawkwood Energy Operating - Overpayment $659.23 • d. Title 365 - Overpayment $326.01 • e. North American Savings Bank - Overpayment $29.98 • f. Propel Financial Services - Overpayment $214.06 • g. Gary L. & Sandra Jackson - Overpayment $500.00 • h. Ryan & Ashton D. McMillen - Overpayment $838.50 • i. Woodrow Wilson Jackson - Overpayment $50.00 • j. Eric D. Laird - Overpayment $35.51 22. Budget Amendments. Budget Amendments FY 17/18 25.1 -25.10 23. Personnel Change of Status. Personnel Action Forms Vol. --sem L) Pg. _ 9_ _ 24. Payment of Claims. 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns 28. Adjourn. Vol. 91 U Pg. 3 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 Braves 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 Brazes County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. I 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 member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. Fbwever, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite emsting 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, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. v F9• MINUTES MARCH 27, 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, March 27, 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-24: 3. Proclamation 18-018 declaring May 2018 as Mental Health Awareness Month. The Court approved a Proclamation designating May 2018 as "Mental Health Vol. a _ Pg. _- Awareness Month". The Court joins with the Mayors of the Cities of Bryan and College Station in promoting public awareness and recognizes the importance of mental health identification and treatment. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Approval of Health & Wellness Clinic Leave Policy. A copy of the policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Approval of the Property Renewal Questionnaire and Schedule with Texas Association of Counties. 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. 6. Approval to issue a diners club credit card to Sheriff's Office employee Laura Buttgenbach with a credit limit of $1,000.00 for travel purposes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Extension of contract #17-260R for pharmaceuticals with Contract Pharmacy Services. A copy of the extension of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Approval of amendment to contract # 18-091 with Hayward Baker for McAllester Lane Rehabilitation. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Award and approval of contract for RFP # 18-097 Expansion of Juvenile Detention Facility. The committee recommends an award to Collier Construction in the amount of Vol. $17,399,000 including the base bid and all alternates, 1-8. The Court voted unanimously to accept the recommendation of the committee and awarded RFP #18-097 Expansion of Juvenile Facility to Collier Construction. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Award of bid # 18-107 for Automotive & Equipment Oils & Lubricants. Recommended award: Petro Choice/ Universal Lubricants. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract 18-107 Automotive and Equipment Oils & Lubricants to Petro Choice/Universal Lubricants. A copy of the bid tabulation is attached Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Approval of contract # 18-128 Internet Services Provider with FiberLight. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Acceptance of Special Warranty Deed from the JBMHFM Estate, LLC for 0.209 of one acre of land to be used for a bridge replacement on Scasta Lane located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Acceptance of a Special Warranty Deed from Phyllis Bonifazi for 0.30 of one acre of land to be used for a bridge replacement on Dilly Shaw Tap Road located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Consider and take action on the Wickson Creek SLID cost estimate of $8,900.00 to relocate a two inch water line and two meters along with boring two driveways on Copperhead Road. This work is needed in order to accommodate the improvements being made to Copperhead Road. A two inch tap will also be installed for County forces to draw water for roadway work. 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. 15. Consider and take action on the Wickson Creek SUD cost estimate of $13,350.00 to relocate 700 feet of 2" water line, 2 water meters and rebore crossing under FM 2038. This work is needed in order to accommodate the improvements being made to Forsthoff Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Consider and take action on the Wildhorse Resource Management Co., LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Broach Road a distance of 1,600 feet. Project will provide water to an oil well. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Consider and take action on the W ickson Creek Special Utility District utility permit to construct a 40 ' road bore for a 12 inch water line crossing under Hicks Lane 10 feet northeast of FM 158. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. 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. 18. Consider and take action on the W ickson Creek Special Utility District utility permit to construct an 80' road bore for a 12 inch water line crossing under Elmo Weedon Road 10 feet northeast of FM 158. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. 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. 19. Approval of the Treasurer's Report for January 2018 The Court voted unanimously to receive, approve and order filed as submitted the Vol. (711 % 6Pg. 9 Treasurer's report for January 2018. A copy is attached and made a part of these minutes. Motion: , Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Expenditure Journal Entries • Expenditure Journal Entries FY 17/18 040004 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. 21. Tax Refund Applications for the following: • a. Sylvia Lopez -Baugh - Overpayment $756.49 • b. Megan McMurry - Overpayment $411.63 • c. Hawkwood Energy Operating - Overpayment $659.23 • d. Title 365 - Overpayment $326.01 • e. North American Savings Bank - Overpayment $29.98 • f. Propel Financial Services - Overpayment $214.06 • g. Gary L. & Sandra Jackson - Overpayment $500.00 • h. Ryan & Ashton D. McMillen - Overpayment $838.50 • i. Woodrow Wilson Jackson - Overpayment $50.00 • j. Eric D. Laird - Overpayment $35.51 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Budget Amendments. Budget Amendments FY 17/18 25.1 - 25.10 25.1 Transfer funds from General Capital Improvement Fund to Road and Bridge. 25.2 Transfer funds from Non -Departmental to Constable, Precinct 4. 25.3 Reallocate funds for JP Technology Fund. 25.4 Transfer funds from Non -Departmental to County Attorney. 25.5 Reallocate funds for Juvenile Services. 25.6 Reallocate funds for General Capital Improvement Fund. 25.7 To recognize a donation of framed artwork from Bruce Erratt and Ed Bull to the Health and Wellness Clinic. 25.8 Transfer funds from General Capital Improvement Fund to Juvenile Services. 25.9 To recognize revenue for NRA Grant for equipment for Constable, Precinct 3. 25.10 Transfer funds from General Capital Improvement Fund to Sheriff's Office - Administration, Sheriff's Office - Jail, Constable, Precinct 1 and Constable, Precinct 2. Vol. - - / Pg. -7- Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 23. 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. 24. Payment of Claims. Claims 8002256 - 8002442 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 25. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 610 inmates in jail, 518 inmates are male and 92 are female, 45 have electronic monitors and 13 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. There were no announcements. 27. Call for Citizen input and/or concerns There was no citizen's input. 28. Adjourn. Vol. The foregoing minutes of the Commissioners Court meeting held March 27, 2018 have been examined and are approved in open Court this 3`d day of April 2018, in Bryan, Brazos County, Texas . Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 Sammy Catalpa Commissioner, Precinct 2 Irma Cauley ",.- Commissioner, Precinct 4 Attest Karen McQueen County Clerk �C ey Nancy Berry Commissioner, Precinct 3 Voi. 1;2 16 Pg. / / Pg l of BRAZOSCOUNTY COMMISSIONER'S COURT ;2T -'-DAY OF Mo,,, , 20 19 10(.00 PM, Name (PLEASE PRINT) Q -n -- on rvp ��PS Organization (PLEASE PRINT) ( IYk 0 c/ ss COrnM � Coc,L��. G�Ssp� f any. 6� /CJS 4� � k1Q Va•_A%e— pg•J�� l PgQ-of-:;�, BRAZOS COUNTY COMMISSIONER'S COURT �1 DAY OEC (0: Name (PLEASE PRINT) M, 2016 Organization (PLEASE PRINT) -TX A, U Vol. � � � Pg. L J G%%6.4. mental health is part of overall health; and V//Berme: mental health helps to sustain an individual's thought processes, relationships, Nexlae, % every citizen and'communiiy.can make a difference in helping end the silence 1 and stfgma;that for'too long has surrounded mental illness and discouraged �`~ \ people from getting help; and N/clllf.• \ p`ublic education and civic activities can encourage mental health and help r improve the ;lives of individuals and families affected by mental illness. g I, Andrew Nelson, Mayor of Bryan, Texas, and 1, Karl Mooney, Mayor of College Station, Texas, and 1, Duane Peters, Brazos County Judge, affirm that acting on behalf of our respective city council and commissioners court, do hereby proclaim the month of May 2018 as: MENTAL HEALTH AWARENESS MONTH in Bryan and College Station, Texas to increase public understanding of the importance of mental health and to promote identification and treatment of mental illnesses. CITY OF BRYAN CITY OF COLLEGE STATION OS OUNTY Andrew Nelson, Mayor Karl P. Mooney, Mayor Duane Peters, County Judge productivity and ability to adapt to change or face adversity; and W%erend mental illness adversely affects those abilities and often is life-threatening in nature; and Gff�e11W, many adults experience mental health problems in any given year and such problems can contribute to onset of mental illness; and �//2exeoe.• /11\ 11 one in 4 adults and one in J youth nd'er l8pea?s,\ d live with mental illness such as major depression, bipolar disorder or schizophrenia; and 06C..a: approximately one-half of chronic mental ill nessbegins by, the age of 14 and three-quarters by age 24; and '`� �, � �l �\_x G%mime: (. !• long delays—sometimes decades—often odcur between the time symptoms first appear and when individuals"get help; and G ereoe: earlyfidentifigation and' t - t cute an make a p opnd difference in successful managemenGof mental illness and recovery -and \\ w \ V/iRerrae: it is'i portant to`inaintai e tat health and learn the symptoms of mental 1---r�illness in order to.get help when,it�is needed; and Nexlae, % every citizen and'communiiy.can make a difference in helping end the silence 1 and stfgma;that for'too long has surrounded mental illness and discouraged �`~ \ people from getting help; and N/clllf.• \ p`ublic education and civic activities can encourage mental health and help r improve the ;lives of individuals and families affected by mental illness. g I, Andrew Nelson, Mayor of Bryan, Texas, and 1, Karl Mooney, Mayor of College Station, Texas, and 1, Duane Peters, Brazos County Judge, affirm that acting on behalf of our respective city council and commissioners court, do hereby proclaim the month of May 2018 as: MENTAL HEALTH AWARENESS MONTH in Bryan and College Station, Texas to increase public understanding of the importance of mental health and to promote identification and treatment of mental illnesses. CITY OF BRYAN CITY OF COLLEGE STATION OS OUNTY Andrew Nelson, Mayor Karl P. Mooney, Mayor Duane Peters, County Judge 2.02.10 Health & Wellness Clinic Visit Leave All employees who are on the County's Medical plan, who visit the Clinic during their scheduled work hours will not be required to use their Sick or Vacation Leave. The Clinic Visit Leave pay type is to be used instead of Sick or Vacation. The Clinic Visit Leave pay type is to be used only during an employee's scheduled work day. The use of this leave time is subject to monitoring for abuse. Employees will be required to check in and check out at the Clinic. Human Resources will be notified of employee's name for authorization of the leave code in the employee's timesheet. M 13a-&Z Duane Peters Date County Judge 9 �� 5 March 1. 2018 Ms. Melissa Perez Brazos County Risk Manager 200 S Teras Ave Ste 266 Brvan, TX 77803 Re: Brazos County— Properh' Renewal Questionnaire Dear his. Perez: Thank you for participating in the TAC Risk Management Pool's Property Program. As we prepare your 2018 renewal, there are a few questions we need you to answer so that we can provide you the most comprehensive and cost effective property coverage possible. To ensure that we have up-to-date information, please fill out each page of your renewal questionnaire completely and make any changes directly to the document. You can also provide supplemental sheets as necessary. Please note that omitted information may result in an exclusion from coverage. The Interlocal Participation Agreement, Section 4. Annual Contribution, 4.01 requires that the member timely submit to the Pool documentation necessa?y for the Pool to properly underwrite the renewal. Some of the new Property Coverage enhancements that we are presenting this year are: • Barth Movement: Clarified the distinction between Earthquake and Garth Movement which includes Earthquake, mud Flow, subsidence, etc. • Mobile Equipment: Clarified the definition to include attachments or implements as part of the Mobile Equipment coverage. • Demolition & Increased Cost of Construction: Changed the name of "Demolition & Increased Cost of Construction" to "Increased Cost of Construction". • Crime: Increased included limit from $100,000 to $250,000. • Earthquake limit and Additional Coverage: Changed name of "Earthquake" to "Earth Movement due to Earthquake" as the limit only applies to Earthquake which is now part of Earth Movement. Definition for Earthquake was updated. • Unmanned Aircraft: Added definition for Unmanned Aircraft system. Added included limit of $100,000. Coverage is now included and does not require an endorsement. • Watercraft: Length restriction is removed and limit changed to $1,500,000 for unscheduled watercraft. Removed exclusion for Watercraft. (b12) 478,47.,K; • (800) 4nri5974 • (512) 47&PI111 1'AS num mg • IYIU Sni .\nwuiu. Amu , "I X 78711 • NJ. N,x YIi11. Amdii, TX 787c,&2131 G ne I erry, 1,%w.uln.P Mirchn Vol. � 7 0 Pg. / 6 • Flood: Added language to the definition of Flood that a continuous 168 hour time period will be considered a single Flood. Clarified NFIP deductible would apply to storm surge. • Evacuation Expense: Updated language to include inmates and juvenile detainees. • Automatic Coverage: Time limit changed from 90 days to 120 days for Newly Acquired Member Property and Rental Mobile Equipment. • Other: Several format changes and clarifications were made with minimal impact. We are excited to offer these new enhancements to your property coverage. For more details, contact vour TACRMP member service representative. Please complete the Property Renewal Questionnaire and return it and any supplemental documents by March 31, 2018. If you need help completing the Property Renewal Questionnaire, please contact your Member Services Representative, Lucia Espinoza, at 800-456-5974 or luciae@county.org. We value your membership in the TAC Risk Management Pool and look forivard to another successful year! Please do not hesitate to contact me at (512) 769-4172 or Iisau1@C0Lmty.org if you would like to discuss your coverage options. Sincerely, &10aj oa Cat Lisa McCaig TAC Risk Management Consultant V61IP" _� \!iO4jy -rI ES %TEXAs AssociA1 toN of CouN RISK MANAGEMENT POOL Property Renewal Questionnaire Member: Brazos County Coverage Period: July 1, 2018 through July 1, 2019 Thank you for participating in the TAC Risk Management Pool's Property program. As we prepare your renewal, there are a few questions we need you to answer so that we can provide you the most comprehensive and cost effective property coverage possible. Pursuant to the Interlocal Participation Agreement, Section 4. Annual Contribution, 4.01 requires that the member timely submit to the Pool documentation necessary for the Pool to properly underwrite the renewal. To ensure that we have up-to-date information, please fill out each page completely and make any changes directly to this document. You can also provide supplemental sheets as necessary. NOTE: Omitted information may result in an exclusion from coverage. Property covered by the TAC Risk Management Pool is blanket and we use this opportunity prior to renewal to verify the property you own. Your Property Schedule is attached to this renewal questionnaire. We ask that you review the attached schedule carefully and report any of the following: • Newly built or purchased structures • Completion of new buildings or purchased buildings during the Coverage Period • Sold or demolished structures Content changes +/- by 50% • Major remodeling of any building that adds square footage • Major renovation or refurbishing of a building that costs is over 50% of the building value • Sold or totaled mobile equipment • Newly purchased, leased or obtained mobile equipment • Fine Arts owned by Brazos County We value your membership in the TAC Risk Management Pool and look forward to another successful year! If you have any questions or need help completing the Renewal Questionnaire, please contact your Member Services Representative Lucia Espinoza at 800-456-5974 or luciav@county.org. FoolkCoordfnato�i yc pY"s•: tb a?$�«i. Our records indicate that the Member has designated the individual below as the Pool Coordinator for this coverage. In accordance with the terms of the Interlocal Participation Agreement, the Pool Coordinator has express authority to represent and to bind the Member, and the Pool will not be required to contact any other individual regarding matters arising from or related to this Agreement. If MEMBER wishes to change or update the Pool Coordinator information, please make the necessary changes below. Pool Coordinator: Melissa Perez Email: mperez@brazoscountytx.gov Phone Number: (979) 361-4246 Fax Number: Address: 200 S Texas Ave Ste 266 City, State, Zip: Bryan TX, 77803 Texas Association of Counties Brazos County # 0210 Risk Management Pool Page 1 of 5 Property Renewal Questionnaire February 21. 2018 'v Property Renewal Questions Current Property Deductible: $5,000 Current Mobile Equipment Deductible: $5,000 Current Crime Deductible: $1,000 1. Are there any buildings, contents, mobile equipment and fine arts that have been sold or demolished? Yes No If yes, please mark the changes directly to the attached Property Schedule 2. Are there any buildings owned by the Member not listed on the attached schedule? Yes No If yes, please provide the following: Building Name Address Building Contents Value Value Add to Coverage Exclude from Reason Excluded or not eported reported BC Health B welHess Clinic B Ele w 3e0 MOm J eryen Padway 5410 eee $1,791,778 ® Opened March 1 2018 BC Expo 3rd Stall Barn 5827 Leonard Rd $4,427.000/bot BC Expo Warn Up area 5827 Leonard Rd "E9 L1 3. Will you be purchasing, building or ac wiring any new structures within the upcoming coverage term that exceeds $25,000,000 in value? Yes No If yes, please provide the following: Building Name Address Building Value Contents Value Building Construction Number of Stories Square Footage 4. Are you undergoing any major construction for buildings currently reported? Ye No Include major remodeling, renovation or refurbishing of any building that costs over 50% of the building value and/or adds square footage to the currently listed area. If yes, please identify the building on the attached Property Schedule undergoing construction and describe the project including cost and estimated completion date. 5. Do you own any buildings that are occupied or leased to other parties? YesNo If yes, please identify the building on the attached Property Schedule that is leased and provide the name of the leasee. Texas Association of Counties Brazos County # 0210 Risk Management Pool Page 2 of 5 Property Renewal Questionnaire February 21. 2018 va. o� 7dP9. 6. Have any buildings been repurposed from their previously reported use? Yes No If yes, please identify the building on the attached Property Schedule and describe the repurposed use and any change in contents. The new employee health and wellness clinic has all new contents that have to be changed. Are any buildings owned by Member currently vacant? Ye No If yes, please identify the building on the attached Property Schedule and provide the following: g sat?x ? Buildin SName, sm;`s..Vacancy',°y' •r+a.:sM ✓a%P�&M"� ..r. a.YF" .«> Date of"N' A > � in'TC�viw.b.� Y'n•. Expected ngth A -r S ,hof}vacancy�andlreasdhtfor L X' ,�. bciR. ,...%2� �y„ `t tS �^ �ga's}?J i OLong a m`plans for build nig � ^>:�, vacancy t" g k , wr < ¢sy i -.'r •• f� „R M......,."wRzb.r h.�.}G.� rX "�:�?iY. 5,�✓P a^n S s`b=u'Id g,betiingtmamtaine }s ,andsecured�.o-Please . g r „� % ,,f �i describe at �"". fi/ti5f..wz - 4A a.. 8. For buildings located in Special Flood Hazard Zones, has flood coverage been obtained from National Flood Insurance Program (NFIP)? Ye No If yes, what amount of coverage has been purchased? 9. Are all Fine Arts owned by MEMBER listed on the attached Property Schedule? Yes o If no, please provide the following information: r*,.-' yyy 'k.,+"`+.�. .'�}�}1, Y,�tt�h+,*a��{. �,.,.s°i.: p�s..*q,�(4, 4 iM dF $= 3 4%SI^ 69' i""? A4'a�,R } 4 ii F ✓� S'` +'tl5'��, t F, .. vFlne Arts Descnption a aP �'. ,,�iJLocahon Name. Addressr� A� s� Fine Arts Value ta5 p ?' �+�:" �`',iri.ai�.�," _.�.;^.,,mysa nX'N+,yl't ce p u fli99: xx,. w�_.mreN.lx °^a..�°"roeu ..ro n` fi� "xv ,A.. s E Eti' _^T . a wa X4*��''-s' § .�+'pd Texas Association of Counties Risk Management Pool Page 3 of 5 voi. c� Ll Pg. _,� 61 Brazos County # 0210 Property Renewal Questionnaire February 21. 2018 Texas Association of Counties Risk Management Pool Page 3 of 5 voi. c� Ll Pg. _,� 61 Brazos County # 0210 Property Renewal Questionnaire February 21. 2018 10. Is all Mobile Equipment owned or leased by MEMBER listed on the attached Property Schedule? Yes No If no, please provide the following information: z ,7' T ��' � ?.P aril V r e� " Department�� # �+ {� n 's, .�v�k "�y'df .Cj �X4 Stl� P'•!0.r>•i� 3�[,lM � +�. � L r d Year- Y �; ,n xk�,,MakeEy°, `,`" .� "� -� �.. a '€h� ,'ya5 �sv RR,Nr.� l'^p'i+e AixA �em. rg�Sa 4tr+F, } _AhW�3a 11Y "ty�'�'�•�vrb'�'ro'"t, � � �,. b'ti' � +1''f.� w a•�'Fs Model <n'b ' r Serlal Number ;!� o �, a m .� ,, M ,�GC _°'�y�h <,, ..,., ay -e y "'rf' ,4 'T 1`�.a`.Rµy��P'k M g2���` Ti+��'y�pm°�R`y�.'eu�. �'.p��n bum: q }Ya��"r.'b �. X S•�4ati'R�'4i 3'W/az�'1F '$'<R w.e }E �"' Cost New (lf +Leased rsct. r lessthan x .. two."ears�.?�. 4.�'y A�y{��k'`�N�A �+'-x`34 eE.i1 5'3 r�. .R Y /.•Ylt (moi .•F. .a,£R+'ia... it 9 ..Ax .t`.a •St.wil l0.$y..+, ryo].isakil n� i ?1 a-_^ai.x�u fi+F^Afn i'F"1 9i '6 Crime $250,000 ❑ ® $250,000 ❑ $500,000 11. If any Mobile Equipment is leased, please provide the lessor's contact information: qa Et }'�.' aa! X dam 'miF �� �•gG^ry - Sepal Number 4� 4if,��}�q � Abd' '3 �i'�'4. �'k ,,r,�-ice ilii '#', � et{r{,ta &9a�l.k "v i �Y `�,.n i; +r q�Lessor"Name *;� �� `��"3,.�.ZZ, ,W IV,. e�»w�.0-� R�dai.i�'�.Pi%x j M �,,' ��yi, C'k.'4•`M•,< "'M, k""�+ Y ",�, J i"i y� 1'6 Wtk h 'E�.fA°^�".a-3.'x=.��'"��� �'"' �� r .'*a�' " s Lessor A00ress t {%^ n '�.+iw>'C�'k;.varo.`"S�. A� ✓_A�.ric.%s*' �"�.s' ^b F7'�.>A,.l'e • „ LimtionswiM• .R Y /.•Ylt (moi .•F. .a,£R+'ia... it 9 ..Ax .t`.a •St.wil l0.$y..+, ryo].isakil n� i ?1 a-_^ai.x�u fi+F^Afn i'F"1 9i '6 Crime $250,000 ❑ ® $250,000 12. Crime coverage with a $250,000 limit is included at no additional cost to members participating in the TAC RMP's Property program. To make changes to your current Crime Limit, please complete the section below: "^.!i*e.ag I CurrentLimlt a Ghange`Llmlt „ LimtionswiM• .R Y /.•Ylt (moi .•F. .a,£R+'ia... it 9 ..Ax .t`.a •St.wil l0.$y..+, ryo].isakil n� i ?1 a-_^ai.x�u fi+F^Afn i'F"1 9i '6 Crime $250,000 ❑ ® $250,000 ❑ $500,000 .11nrePorted,Claims � '..,� t�. �,� � �,nt � �� �.�h�r �,d'6,-�M.„�,°�" �i?a�*�� ��'v� �� '' ��" �z,��. . `� ,,;x�•r�� , ;ff Are you, or any officer or employee, aware of, or have knowledge of any circumstance, occurrence, fact or event which is likely to be a basis of a claim, either now or in the future? Yes No If yes, please describe: Has the situation been reported to TAC Claims Department? Yes No Texas Association of Counties Risk Management Pool Page a of 5 Vol...__._ Pg. Brazos County # 0210 Property Renewal Questionnaire February 21. 2018 ?roperty,Schedule Veriflcatio r qi 'r+" #+°' Yes, I have reviewed Brazos County's Property and Mobile Equipment Schedule and I have made corrections and updates which are incorporated into this Property Renewal Questionnaire. Acknowledgement<aridA"cceptance� � "�• '.{�. �„ "'` ,� sq ", �,_ Member acknowledges that the information submitted in this questionnaire and Property, Mobile Equipment, and Fine Arts Schedule is true and accurate, including all known potential claims. The information submitted may be used by the Pool in processing the renewal and in assessing the coverage needs of the Member. The questions posed, or any wording of the questionnaire, should not and may not be relied upon by the Member as implying that coverage exists for any particular claim or class of claims. The only coverage provided by the Pool to the member is as described in the Coverage Document, including any endorsements and the Contribution and Coverage Declaration, issued to the Member. Member acknowledges and agrees that any property marked as Excluded on the attached Property Schedule, or identified as Excluded by the MEMBER as an update to the attached property schedule, will not be provided coverage by the Pool during the Coverage Period. If the Member makes no changes, the Pool will assume the Member is requesting renewal on the same property, fine arts and mobile equipment as the previous applicable Coverage Period. MEMBER understands that any failure to fully and accurately answer the questionnaire and update the attached schedule may result in the denial of coverage provided by the Pool. Signature of County Judge or presiding official of the Political Subdivision Irl 1S Date Texas Association of Counties Brazos County # 0210 Risk Management Pool Page 5 of 5 Property Renewal Questionnaire February 21, 2018 FV01 Pg. a, y ,t TEXAS ASSOC IATI ON ,' RISK MANAGLIvIENT POOL Property Renewal Schedule Member: Brazos County Coverage Period: 07/01/2018-07/01/2019 `Member Name: Brazos County Instructions for Completion 1) Review each tab and update as needed. Of COUNTIES Include Declarations page for any National Flood Insurance Program coverage in force. Email completed questionnaire by March 30, 2018 to: TACRMP@county.org entries are subject to approval, further information may be requested upon review. Pool Coordinator: Ms. Melissa Perezi Email: mperez@brazoscountytx.gov, this schedule is not received by March 30, 2018, coverage will be renewed as it currently stands with any requested ranges handled by endorsement. Member Services Representative is available to assist you with any questions or concerns and can be reached at 1-800-456-5974. ,ASSOC:Tr�TiON Of COUNTIES OWTEXAs + ' ,`RISK MANAGENMENT .POOL ~ COCRT�4 Property Renewal Schedule Member: Brazos County Coverage Period: 07101/2018 - 07/01/2019 Unmanned Aircraft NEW ADDITIONS: Item Year Make Model Serial Number Effective Date Expiration Date Total Value NONE 77110A .9—c2 P6 Y, �9t 41x ;qfm v9 RUIS'A iia lx a s iR =Nll j 6ig ei!,�Ilell AE� e i6r, 8:0 r ii, 1C il M HIM 0 V vi, Nil I M MIX I., Mi I.16�ofo Mn ;I.v IiM M M I., z z 2!'1zli 81 im In 18 81p, -H;8 0. 18 6 mi� 0 0 1 IS 0,00 2. TrxAs AssoCIATlao` COUNTIES ,: N RISK MANAct ALNT Pool. Property Renewal Schedule Member: Brazos County Coverage Period: 07/01/2018 - 07/01/2019 Fine Arts Item Address Fine Arts Description Effective Date Expiration Date Total Value Comments with Historical reference/Artist: Susan and Rodney Hill 1986 Add 200 S Texas Ave, Bryan Tx Wood carving of Brazos County 711/2018 7/1/2019 40,000 (Atrium) Add 200 S Texas Ave, Bryan Tx Finger paint painted Canvas 7/1/2018 7/1/2019 20,000 Add 200 S Texas Ave, Bryan Tx Picture of Courthouse made of original tile 7/1/2018 7/1/2019 30,000 Assembled by Justice of Peace Jess McGee in 1965 using tile removed from original bldg.(in Commissioner Irma Cauleys office _TE, XAs ASSOCIATION Of GOUNTIB:S ,'.RISK MANAGEMENT POOL rwut Property Renewal Schedule Member: Brazos County Coverage Period: 07/01/2018 - 07/01/2019 Mobile Equipment O �_. 1238 2012 CATERPILLAR LOADER 93OK e - CAT0930KERHN0147 L07/0112018 0710/!2019 $1848001 239 2002 2222., CATERPILLAR BACKHOE4T%D ,i BFP_005697 07!01120 07!01!2019 r $586507 "1 - 240 2008 P ,CATERPILLAR D6K`D02ER- e - ;DHABA4 _. ., 007!0112018 78 ,. 107! 0 112019 ... .! $156500 r 241 42008 JDATERPILLAR t1GN LGP DOZER - DJV1097 107/01/2078 e 1071072019 1 $210000, ,242 12011 ,LEEBOY VISRATORYRO'LL'ER 75074 107!01/2078 107/012019 $56004; ;2222" _222_2.., 2222 ,243 s 2000 'BROCE 46R6 BROOM RJ3�0 404407 07!07/2018 _... 07/01/2019 _ t $32127• 1244 DVNAPAC 84 PADf00T 7822US5329 07/0112018 1 107/01!2019 $104926. 245_ 12007 12072 GRADALL .. L3�V KMM�3126660266_ 0710112018 $289679. 1246 24 07 .B ROCE BROOMSWR EERE 1408941 - 07!01/2018 ,07!01/2019 107/0i/2019 $556]21 2014 CATERPILLAR LHCO0637 s07l01/2018 07/01/2019 $153750; :248 42005 .,_..._...... .'ETNVRE y�PPAAQFOOT DI$TRtS6UTDR ;3FRXR&MV228971 407!01/2018 !0710112019 $109,290( 2222. 2222 2222 _ 2122 2222.. 249 2007 _._ '.CASE ..- FORKLIF .�. ... JJG029A828 07!01/2078 a ._ ... 107/01!2019 $48364` 2122.._ 250 5 2012 CATERPILLAR RM300 ROTARY MIXER 1 v._�..,OD-6-201 OBWR006t7 07!0112018 _ 07/01!2019 $ 406634 257 x2015 Bearcat ,Chip Spieader 1 39B 1fiXEAt73011 107!01/2019 _ $227h5 " 258_. 21995 -Massey BOOM MDIVER 62003311 x07!01/2018 07/012078 07roi(2019- $15995 259 1999 JOHNDEERE xTRACTORg{ _ LV5510S 152987 107!0112018 /0120 (0719 $2t 000" 2222. 2262. _ 260 2000 JOHN DEERE TRACTOR 2222.. ... .LV5510S350440 1 107/012016 _. '07/012019 _. $2082Y, 261 'JOHN DEERE !TRACTOR _ _. LV5510S3504h4 :0710112078 .. 107/07!2079 $20821;1; .. ... .- ' . . 2 2650 - X2000 2001 _ ._._.....__.. JOHN DEERE 3TRAGTOR - ,LV5510S4M 107!012018 107/072019 521 215; x263 2001 rJOHN DEERE {TRACTOR .LV5510S450062 07/01/2018 107 ..,._...-. _. _. .07!00 72019 _...._.� 3 :.. '. 264 2003 JOHN DEERE }TRACTOR 1X4 _n„,,,,. 121„1,,.-, „.,,,,�, LV5520C350007 u07/0112018 x077 /01!2019 i $29832; -. 2ii5 465 2003 Y 2002 O DEERE JOHN DEERE 1TRACTOR',4X ,�yy.-.,,a 5 ..,.<.. ._ LV5520C350008 07N1/2018 _2222 _ !07!072019 $29.832'. .266 200._ .2000 'JOHN DEERE SHREDDER '1'512 -6-1 W01518E010234 ......._m_,._" 107!01/2018 .{ "221_2 ... _ '07/01/2019 2622.. ,267,_ "-' 2001 JOHN DEERE SHREDDER;r ,„y .y. ................... _.:, 2222... �W015t8E012282 .. ,....._�. 07/01/2018 /07/012019 _ 014, $9944. " 268 :2003 .. ".....,., (JOHN DEERE SHREDDER' rm...»........._....._.�......,. '.WOHXISEOOt630 .........>,....._. i07/01l2018 ....: _: 2222_ . .„y ...............67--- !07/OV2016 ........ _ ..;269 ;269 'x2003 ......... .. . .......... ' _. _ JOHN DEERE r SHREDDER 0H]X __._....-7_7 `. WOHX15E001377 .......................�.,», '.07N1/2018 ». .'.:-__ ......._... 07/0112019 $10650; p_..- 0200. _ 2026 .2]0 2014 _..,..........,. �._.: !CATERPILLAR BACkHOEa W.... _:......_ CATOA20FAJWJ027A6 _.,._.._... �07l01l2018 ._ ......_ _ ... 407101/2019 0222. .' $100750': ,..... 2222.. ... .. Sold; 7220_. 2]i ; 20011 CAT 2 'CATERPILLAR '_ .. CAT .!i ''e- - ....... 0120 29 '.CAT0416DBFP02029 _ _..,.... '07/01!2018 ..._ .... ..,. _._ . _. '07/0112019 $586501 2222. _ 272 1 1996 'LOADER ";TRACK LOADER 9GL00670 201 M/0112018 07101!2079 $71459. 273 ;1993 1LEEBOY 'SMOOTH.DRUA9 LOAOEP. L400T-313 07!01/2018 07/012019 , $22950'. ;2212 .. _ 2022 1274 2013 BOBCAT COMPACY :: 2202 2222 A3NRi2938 1222 107!01!2018 2222. __. 2222. 107!01!2019 $363434 X275pp1997 {BROCE BROOMTSW'EEPER" .. 88221 107101/2018 '07/012019 + $27890; 276 i.. 1998 +FERGUSON PNEUMATICROLLER„. 1500 07/01/2018 ,.._..... _ :07/01!2019 $43.890' - X277 0. 2001 20 ..... iCATERPILLAR PNET/MATI'CROLrL`ER. -3XR00501 Tro,_.,._.._..W._. 10i2 018 ..:071..,._..... ;.7/ 01/2019 $52660 1278 2001 CATERPILLAR PADFOOToROLLER 9ZW00403 07!01/2018 07/012019 $1082001 279 2001 jCATERPILLAR SMOOTHDRUMROL LER � t -M . 9MW00636 07/01(2018 07/01!2019 $94650 _ 280 11985 ETNYER S CHIPSPREADER ? K4764 [07!01!2018 071072019 $560331 t 281 12002 'ROSCO 7/01/2018 107/0112019 • ___ _ .. ... .. . "._ x282 ,2002 , . .. IVIBROMAX ,. SMOOTHrDRUM�RCIOER .. _. 2222 7KC8308802 107!01!2078 .0222 .. ;0 7/0 7 12019 _” $699321 283 12002 m-2:0 lVIBROMAX PADFDOT ROLLER JKC8308709 y07l01/2018 _. 07ID 7/2019 1, $7M1 086 BEARCAT .e_ IC IP PREADER ,,:, Ss_07,2 _. i69BC16XEA173011 .1 ..........., 07/012018 1 07/012019 - $22n253 4285,_.S ,286 y2015 /1980 DATSUN rFORKLIFT ^� �' PF02-003918 '07/0112018 107101/2019 , T $7200y -���� ADDED 3/74 a 1999 TraciO r LV5510Si52916 080. $27.060 ADDED 3/142D��5 REDDER W01518E0t0178 ..._..� �w: , .�...,,, ... .�...�....... ADDED 3114 1999r,15.SHREODER- W01518E010066 $9,777 itfrMWScC eb!W'dei 2gammaISM&"Am w °> ' ;. -,. Slieiitf Total St8;880 NEW ADDITIONS: Item Year Make Model Serial Number Add 1993 Grandall X13100 3140140 Add 1999 John Deere Tractor WOISISED10066 Effective Date Expiration Date Total Value 7/1/2018 711/2018 7/1/2019 22,000 - 7/1/2019 21,000 K� .6 Brrtzos County Purchasing Department °.r 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 March 20, 2018 Contract Pharmacy Services, Inc. 1692 Natures Way Lindenhurst, IL 60046 Re: Extension of Contract 417-260R for Pharmaceuticals, previously known as 2016-136R. Brazos County appreciates the quality work your company has provided and would like to request an extension for Contract #17-260R for Pharmaceuticals, previously known as 2016-136R, 201348R, 2014-33R and 2011-34. All terms, conditions, and pricing shall remain the same. This extension will be for 60 days starting April 1, 2018 through May 30, 2018. To accept the extension option, please fill out the information and sign below. Return the signed documents by email to Icontreras@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed docrunents 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) 361-4294. Contact Name: Seat� Telephone: 54-7^5QS — 2707 E-Mail:SS k���SCJcanira�rPharmaeY. ern^ 1 Fax: , �Y i CONTRACT PHARMACY SERVICES, INC. Anthonzed Sign; tune tc—nQy;ii��� Duane Peters, County Judge 3/zz,2ol8 Date Date P, rl House Bill 89 & 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. Company Name: ( CSS! r7Li(t Phd%acv-wILS __e Authorized Company Representative: t7Q0 17U'fi rt/l C00 Address: �25'r �JS �tbitUC Contract#: 1-7- 2?0K VOL CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. l - 4 and 6 if there are Interested parties. complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2018-328101 I Name of business entity filing form, and the city, state and country of the business entity's place of business. Contract Pharmacy Services, Inc. Warrington, PA United States 2 Name of governmen entity or state agency at s a party tot a contract for c r e orrn Is being filed. Brazos County Date Filed: 03/20/2018 Date Acknowledged: g Provide the idendfication number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17-29OR Pharmaceuticals Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) controlling Intermediary 5 Check only If there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is 9eq)%Jr , and my dale of birth is -yr' ie'r ZCa-d ,-7' 6yee 1611— rPA NaIGL t 0S4. My address is '7-110'7-110MilfG� (etreeQ (city) (slate) (zip code) (country) I declare under penalty of perjury that the foregoing Is hue and ccuecL o Executed in UL LS County, State of 'Per yt5�. on the 22day of '*rCA , 20 j8 . (monm) (year) SignaNre of authorized agent of contracting business entity pocla,am) Forms provided by Texas Ethics Commission WwW.emitS.Srnre.U6u5 U Vol.� 7�_ pq, �y 3 Contract Pharmacy SERVICES AGREEMENT TO PROVIDE PHARMACEUTICAL SERVICES This agreement is by and between BRAZOS COUNTY DETENTION CENTER and BRAZOS COUNTY JUVENILE JUSTICE (hereinafter "BRAZOS COUNTY") and CONTRACT PHARMACY SERVICES, INC., a Pennsylvania corporation, (hereinafter "CPS"). RECITALS A. Presently, BRAZOS COUNTY is providing healthcare services to inmates under the control of the BRAZOS COUNTY DETENTION CENTER and BRAZOS COUNTY JUVENILE JUSTICE, (hereinafter referred to as "Facilities") in Bryan, Texas. As part of its responsibility to provide healthcare to inmates under their custody, BRAZOS COUNTY DETENTION CENTER and BRAZOS COUNTY JUVENILE JUSTICE must provide prescription drugs and other medications to inmates (hereinafter "Prescription items"). B. CPS is a licensed pharmacy and has all requisite professional licenses and DEA registration to provide medications in the State of Texas. BRAZOS COUNTY wishes to utilize the services of CPS and, correspondingly, CPS wishes to provide such services to BRAZOS COUNTY. NOW, THEREFORE, BRAZOS COUNTY and CPS do hereby agree as follows: BRAZOS COUNTY's Utilization of CPS Services For the term of this Agreement, BRAZOS COUNTY will, when available, make best efforts to utilize the services of CPS for the providing of Prescription items at the Facilities. 2. Term of this Agreement This Agreement shall commence April 1, 2017 through June 30, 2018, and shall automatically renew annually thereafter, unless otherwise terminated as set forth herein. PHARMACEUTICAL SERVICES AGREEMENT Contract Pharmacy G@meq Brazos County and Contract Pharmacy Services, Inc. SERVICES P�? Page 1 Vol.../_rU. I't-a•,�7�. 3. Extent of Service During the term of this Agreement, CPS agrees to provide the following services at the Facilities: a. Fill and Deliver Prescriptions. CPS will fill all Prescription items daily, Monday through Saturday. All prescription items transmitted to CPS before 4:00 PM Central Standard Time daily, Monday through Friday, will be delivered the next day. All prescriptions ordered before 11:00 AM Central Standard Time on Saturday will be filled and delivered to the Facilities the next working day (usually Monday) unless the Facilities are notified otherwise. All prescriptions will be filled and delivered to the Facilities within 24 hours, unless notified otherwise. Contract Pharmacy Services will be closed on six (6) holidays per year, as listed below: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day CPS will notify the Facilities in advance of any changes in the schedule for ordering and/or delivery due to holidays. The Facilities should utilize onsite stock and/or the emergency pharmacy service during holiday closings. b. Emergency Service. CPS will arrange with a local pharmacy to act as "backup" in case of an emergency that cannot be handled through the normal delivery procedure. CPS will provide the Facilities staff with a procedure for contacting a pharmacist and/or the backup pharmacy. In the event the local pharmacy must be used, CPS will charge the Facilities the same amount as billed by the local pharmacy. CPS will provide the Facilities with an emergency phone number to contact the "on call" pharmacist in the event that the medical staff needs to consult with a pharmacist after normal business hours. The "on call" pharmacist will answer medication related questions and assist the Facilities in procedural issues. C. Dispensing System. CPS will dispense all prescriptions via the Automed "strip packaging" system. The exception to Automed will be for non- patient specific (stock) controlled substances, which will be dispensed in a "blister card" medication dispensing system. PHARMACEUTICAL SERVICES AGREEMENT Brazos County and Contract Pharmacy Services, Inc. Paqe 2 Contract Pharmacy SERVICES E pg. 3 5 d. Medication Quantities. CPS shall dispense Prescription items in quantities sufficient to provide medication for 30 doses initially, and will adjust the quantity upward depending upon the incarceration period of the inmate. This is subject to the Texas Board of Pharmacy regulations and instructions of the prescribing practitioner. e. Controlled Substances. CPS shall provide all prescribed controlled substances in blister cards for easy accountability and will dispose of unused controlled substances, at no expense to BRAZOS COUNTY, and in accordance with applicable State and Federal regulations. f. Starter Stock. If allowed by state regulations, CPS shall maintain a starter stock system at the Facilities. Items will be determined in consultation with the Facilities' Healthcare Administrator, Director of Nursing, and Medical Director. g. Emergency Medications. CPS shall maintain a drug box located at the Facilities. Items in the emergency drug box will be determined in consultation with the Facilities' Healthcare Administrator, Director of Nursing, and Medical Director. Generic Medications. CPS shall dispense all prescriptions generically, unless there is no generic substitute. All drugs will be obtained from manufacturers with an AB rating or better by the FDA. Meetings & Inspections. CPS shall conduct quarterly Pharmaceutical and Therapeutic Committee meetings with medical staff at the Facilities. Site inspections of the Facilities' med room will be performed by a CPS employee (or local pharmacist under contract to CPS) at no cost to the Facilities. These meetings and inspections meet the current standards for NCCHC, ACA, and AJA accreditation: j. Medication Carts. CPS will (if requested) provide the Facilities with a sufficient number of medication carts to store and administer medications at the Facilities. Medication carts will be maintained by CPS in good working condition and are expected to last at least three (3) years under normal circumstances. CPS requests the assistance of medical staff in making sure the carts are maintained. The carts are the property of CPS and will be returned by the Facilities in the event the contract is terminated. k. Fax Machines. CPS agrees to provide fax machines for the transmission of physicians' orders to the pharmacy. Supplies for the fax machine (toner, paper, etc) will be the responsibility of the Facilities. A toll-free number will be provided to the Facilities for fax and voice communication. 1. eCorrRxTM. CPS will provide eCorrRxTM, a proprietary computerized physician's order entry (CPOE) system, to the medical unit at BRAZOS PHARMACEUTICAL SERVICES AGREEMENT Contract Pharmacy I3:a Brazos County and Contract Pharmacy Services, Inc. SERVICES Page 3 _ --� COUNTY. eCorrRx"m will eliminate the need for nursing staff to transcribe physicians' orders. The Facilities will provide a broadband (DSL, Cable, T1) connection at its expense for the operation of the system. All hardware provided for use of the eCorrRxT"^ system remains property of CPS and will be returned by the Facilities in the event the contract is terminated. M. Reports. CPS will provide BRAZOS COUNTY with monthly reports on pharmaceutical usage. n. Medication Administration Records (MARS). CPS will provide BRAZOS COUNTY with computer generated Medication Administration Records (MARS), if requested, to be delivered no later than the 27th day of each month for the following month on all inmates who have prescribed medications. Hardware utilized with the eCorrRxTM system will enable the Facilities to print MARS onsite. Insurance The Vendor before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986190 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County.as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. PHARMACEUTICAL SERVICES AGREEMENT Contract Pharmacy Brazos County and Contract Pharmacy Services, Inc. SERVICES Page 4 v®i: D Pg 3 Fees and Payment Terms For the services to be provided as documented in paragraph 3 above, CPS shall charge for its services based upon the following pricing formula: All prescription and non-prescription medications will be billed based on Average Wholesale Price (AWP) as published by Medi -Span®: AWP minus twenty-one percent (21%) for Brand Name (single source) drugs. AWP minus ninety percent (90%) for Generic (multiple source) drugs Medications will not be sold below Contract Pharmacy Services' Actual Acquisition Cost (AAC). If, in using the stated pricing formulas, a medication calculates below cost, the medication will be charged at CPS' Actual Acquisition Cost. b. CPS will allow credit for the return of unused medications. No credit will be given for partial bottles of liquid medications, eye/ear preparations, or topical medications. All medications must be returned in the original container in which they were issued and have an expiration date of three (3) months or more. Credit will be issued at the price charged to the Facility. There is not a processing fee for each package returned for credit. Controlled substances cannot be returned to CPS, since they must be destroyed according to DEA regulations. C. Contract Pharmacy Services will bill the Facilities at the end of each calendar month. Billing will be sent to the Facilities by the 5"' working day of each month for services provided in the previous month. Payments of invoices received are due and payable to CPS, Net 30 days after receipt of invoice. If the Facilities requires special procedures for payment of invoices (i.e. purchase orders, multiple copies, electronic billing, etc.), they must notify CPS before the beginning of the contract. CPS will make every effort to comply with the payment procedures required by the Facilities. 6. Representation and Warranties a. CPS Representation and Warranties 1) CPS represents and warrants that it is currently in compliance with PHARMACEUTICAL SERVICES AGREEMENT Contract Pharmacy �® Brazos County and Contract Pharmacy Services, Inc. SERVICES o! Page 5 all State, Federal, and Local pharmaceutical licensing requirements and that this licensing compliance shall continue in full force and effect during the term of this Agreement. 2) CPS further represents and warrants that the dispensing of Prescription items shall be in compliance at all times with appropriate State, Federal, and Local pharmaceutical laws and regulations. 3) CPS further represents and warrants that the representative signing this Agreement has the necessary authority to enter into this Agreement on behalf of CPS. 4) CPS is a Pennsylvania corporation in good standing and is qualified to do business in the State of Texas. b. BRAZOS COUNTY Representation and Warranties BRAZOS COUNTY represents and warrants that the representative signing this Agreement has the necessary authority to enter into this Agreement on behalf of BRAZOS COUNTY DETENTION CENTER and BRAZOS COUNTY JUVENILE JUSTICE. Notices All notices or other writings required under this agreement shall be deemed to have been made when sent by certified mail to the following address or to such other address as the parties may designate in writing: PHARMACY: Contract Pharmacy Services, Inc. Attention: Wayne Shafer, R.Ph. Chief Executive Officer 125 Titus Avenue Warrington, Pennsylvania 18976 BRAZOS COUNTY: Brazos County Purchasing Department Attention: Charles Wendt, Purchasing Agent 200 S. Texas Avenue Suite 352 Bryan, Texas 77803 8. Representatives CPS hereby designates Wayne Shafer, R.Ph. to be available to service the Agreement and resolve any problems which relate thereto. Similarly, BRAZOS COUNTY designates Charles Wendt, Purchasing Agent to represent it in all matters relating to this Agreement. Either party may change the designated PHARMACEUTICAL SERVICES AGREEMENT Brazos County and Contract Pharmacy Services, Inc. Page v va. 1 Pg, 2 -Lr Contract Pharmacy E`y s SERVICES representatives for this Agreement at any time upon notification to the other party. 9. Termination a. Without cause. This contract may be canceled by either party without cause upon at least sixty (60) days prior written notice to the other party. b. Upon breach of Agreement. BRAZOS COUNTY may cancel this Agreement at any time upon twenty (20) days prior notice if CPS breaches any responsibilities hereunder and fails to correct or remedy this breach within ten (10) days after notification. However, for purposes of this subsection, a breach which would permit termination only after twenty (20) days prior notice does not include a situation where any representation or Warranty provided by CPS or BRAZOS COUNTY at the time of entering into this Agreement is later found to be untrue. In such situation where a representation or warranty contained herein is subsequently found to be false, the other party may cancel this Agreement at any time without prior notice. 10. CPS as Independent Contractor The parties acknowledge that CPS is providing the services contemplated hereunder as an independent contractor and is neither an agent, employee, partner nor joint venture of, or with, BRAZOS COUNTY. 11. Indemnification CPS covenants and agrees that it will indemnify and hold harmless BRAZOS COUNTY and all of BRAZOS COUNTY's officers, agents, or employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, nealect or omission by CPS or any of its agents, representatives or employees, during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which BRAZOS COUNTY or said parties may be subject, except that neither CPS nor any of its agents, representatives or employees will be liable under this section for damages arising out of injury or damage to any person or property directly caused or resulting from the negligence of BRAZOS COUNTY or any of its officers, agents or employees. 12. Amendment to Agreement No amendment to this Agreement shall be valid or enforceable unless in writing and executed by duly authorized representatives of both parties. PHARMACEUTICAL SERVICES AGREEMENT Contract Pharmacy r Brazos County and Contract Pharmacy Services, Inc. 56RV Es __ Page 7 -- - —� 13. Third Party Beneficiaries The parties agree that they have not entered into this Agreement for the benefit of any third person or persons and it is their express intention that the Agreement is for their respective benefits only and not for the benefit of others who might otherwise be deemed to constitute third party beneficiaries hereof. 14. Severability The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any cause, term or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions hereunder. 15. Captions The captions appearing in the paragraphs in this Agreement are for convenience only. They are not a part of this Agreement and do not, in any way, limit or amplify the terms and provisions hereunder. In addition, in the event any provision of this Agreement is deemed ambiguous, such provision shall not be construed against CPS forthe reason that CPS was primarily responsible for the drafting of this Agreement, since both parties hereby assume equal responsibility for the drafting of this Agreement. 16. Counterparts This Agreement may be executed simultaneously in two or more counterparts each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 17, Governed Law This Agreement is governed by the laws of the State of Texas, determined within the State of Texas courts. IN WITNESS WHEREOF, the parties have executed the Agreement effective as of that commencement date documented in paragraph 2 above. By: Duane Peters, County Judge Date: 3�a� 112 -- PHARMACEUTICAL SERVICES AGREEMENT Brazos County and Conteact Pharmacy Services, Inc. Page 8 Contract Pharmacy Services,.lnc. J. e. r, ecutive Officer Date: Contract Pharmacy F:F,y4� SERVICES tMt4A 13. Third Party Beneficiaries The parties agree that they have not entered into this Agreement for the benefit of any third person or persons and it is their express intention that the Agreement is for their respective benefits only and not for the benefit of others who might otherwise be deemed to constitute third party beneficiaries hereof. 14. Severability The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any cause, term or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions hereunder. 15. Captions The captions appearing in the paragraphs in this Agreement are for convenience only. They are not a part of this Agreement and do not, in any way, limit or amplify the terms and provisions hereunder. In addition, in the event any provision of this Agreement is deemed ambiguous, such provision shall not be construed against CPS for the reason that CPS was primarily responsible for the drafting of this Agreement, since both parties hereby assume equal responsibility for the drafting of this Agreement. 16. Counterparts This Agreement may be executed simultaneously in two or more counterparts each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 17. Governed Law This Agreement is governed by the laws of the State of Texas, determined within the State of Texas courts. IN WITNESS WHEREOF, the parties have executed the Agreement effective as of that commencement date documented in paragraph 2 above. Contract Pharmacy Services, Inc. By: Duane Peters, County Judge Date: N1 '� I c Date: e J. Shafer, Chief Executive Officer PHARMACEUTICAL SERVICES AGREEMENT Contract Pharmacy f Brazos County and Contract Pharmacy Services, Inc. s e R v i c e s Page 8 '/ �� AMENDMENT TO 18-091 DESIGN -BUILD SERVICES MCALLESTER LANE THIS AMENDMENT TO 18-091 DESIGN -BUILD SERVICES MCALLESTER LANE ("Amendment") is entered, into and effective this 27th day of March, 2018 ("Effective Date") by and between Brazos County{"Customer"), and Hayward Baker. ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 18-091 ("Agreement") for purposes of Hayward Baker to provide of the design -build services for McAllester Lane; and WHEREAS, the Parties desire to amend the pricing as set forth in original contract # 18-091. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. The proposal for 60% GMP for the construction of McAllester Lane, a copy of the proposal which is attached hereto and incorporated herein. 2. Prevailing Wages Rates: The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates which is attached hereto and incorporated herein. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in the attached incorporated document. 3. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile �Si tures are acceptable forms of execution of this Arpendment and shall be binding on all Parties hereto Signature )1 rW� niU`� p„ 15 Nance 'Je Title Date J b Signature fa fL L Name _ Lan, Title Date T i HAYWARD BAKER A KELLER COMPANY Brazos County 200 S. Texas Ave., Ste. 352 Bryan, TX 77803 Phone: 979.680.8840 Email: sray@gessnerengineering.com Attn: Mr. Sean Ray RE: REVISED - 60% GMP McAllester Lane Rehabilitation Project College Station, TX 77845 OP# 00032901 Mr. Ray, haywardbaker.com March 15, 2018 We appreciate the opportunity to work with you and to provide a 60% GMP proposal, complete and in-place, and in accordance with the submitted 60% Design Roadway and Retaining Wall plans provided by Hayward Baker, Inc and Shultz Engineering submitted on February 27th 2018, for the following work at the above referenced site: 1.0 30% Design Submittal $12,000.00 2.0 60% Design Submittal $18,000.00 3.0 Mobilization $56,500.00 4.0 Retaining Wall Installation $530,600.00 4.1 Temp. Soil Nail Wall $94,000.00 4.2 Roadway Excavation $50,400.00 4.3 Retaining Wall Installation $299,800.00 4.4 Roadway Backfill $86,400.00 5.0 Roadway Civil $256,400.00 4.1 Drainage Work $121,500.00 4.2 Street Construction Items $134,900.00 6.0 Design Builders Fee $84,500.00 (10% of Construction Costs) 7.0 P&P Bond (Total Contract (a..7%) $6.700.00 60% GMP $964.700.00 Hayward Baker a 661 Shahan Prairie Road • Little Elm, TX 75068 • P [972] 294-5000 • F [972] 294-2664 Equal Opportunity Employer—MinorfltieslFemeles/Olsa leN stem 1 t a� THINK SAFE Notes: 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. All concepts and procedures stated in this proposal shall be deemed as intellectual property of HBI. Pricing for Item 4.0 — Retaining Wall Installation; includes provision and placement of the following: a. Temporary soil nail shoring at edge line of McAllester Lane b. Excavation of slide mass and use of excavated soils to construct working bench c. Installation of drilled shafts infilled with reinforced concrete d. Installation of anchors and construction of reinforced concrete cap beam e. Installation of shotcrete retaining wall f. Construction of below wall slope using on-site material, as required by the design 3. Pricing for Item 5.0 — Roadway Civil; includes provision and placement of the following: a. Street Construction Items: i. Excavation & Grading for Roadway and Ditch Construction, complete in place ii. Subgrade Preparation of Roadway after wall construction is complete, complete in place iii. Mixing & incorporation of lime, 6" deep, complete in place iv. Hydrated Lime, complete in place v. Crushed Limestone Base Material - 6" thick, complete in place vi. HMAC - Type D Pavement 1.5" thick - includes prime coat, complete in place vii. TxDOT Guard Rail, complete in place viii. TxDOT Guard Rail End Section, complete in place ix. Sawcut Existing Pavement, complete in place x. HMAC - Type D Pavement 1.5 thick - includes prime coat, complete in place HAYWARD BAKER A KELLER COMPANY Pg. �� b. Drainage Work i. 24" RCP Pipe- Non -Structural Backfill, complete in place ii. 18" RCP Pipe- Structural Backfill, complete in place iii. 18" RCP Pipe- Non -Structural Backfill, complete in place iv. 18" HDPE Pipe- Structural Backfill, complete in place v. 18" HDPE Pipe- Non -Structural Backfill, complete in place vi. 12" HDPE Pipe- Structural Backfill, complete in place vii. Large Opening Grate Inlet, complete in place viii. 4'x4' Junction Box, complete in place ix. 24" - 4H:1V Concrete SET, complete in place x. 18" - 4H:1V Concrete SET, complete in place A. Rock Riprap, complete in place xii. Concrete Ditch Lining, complete in place xiii. Removal of Existing 18" Culvert Pipe Under Temporary Bypass Road xiv. Removal of Existing 18" Culvert Pipe Under Driveway xv. Removal of Existing 12" Culvert Pipe Under Driveway xvi. Removal of Existing 18" Culvert Pipe Under Ditch 4. 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 GMP. 5. 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. 6. 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 acceptance of a subcontract for the work. HBI shall be permitted to work Saturdays as necessary to meet the agreed upon schedule. 7. Items 4.0, 5.0 and 6.0 are considered construction costs and include 18.5% overhead. 8. This proposal is based on one (1) mobilization. Additional mobilizations will be $25,000.00. 9. State sales tax on incorporated materials is not included in this quote. 10. This proposal is good for thirty (30) days. Sincerely; Hayward Baker, Inc. 12 Phil Kihlthau Art Pengelly Project Manager Vice President HAYWARD BAKER A KELLER COMPANY Vol. � / THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2nd Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 14.66 Asbestos Abatement Worker 13.07 Carpenter 14.30 Concrete - Pour and Finish 14.75 Crane Operator 25.22 Driver 12.27 Drywall Installer 14.33 Electrician - Journeyman 20.27 Electrician - Apprentice 13.50 Elevator Mechanic - Journeyman 56.39 Elevator Mechanic - Apprentice 47.12 Fire Protection - Controls 18.86 Fire Protection - Pipefitter 18.84 Formwork Builder 14.03 Glazier 15.84 HVAC - Journeyman 20.06 HVAC- Apprentice 13.87 HVAC - Controls 15.14 Insulator 12.41 Ironworker 16.57 Laborer/I-lelper 11.31 Mason 16.92 Equipment Operator- Light 13.20 Equipment Operator - Heavy 16.18 Painter 12.50 Pipefitter - Journeyman 28.44 Pipefitter - Apprentice 15.90 Plasterer 14.81 Plumber - Journeyman 26.94 Plumber- Apprentice 16.35 Reinforcing Steel Worker 13.80 Roofer 13.80 Stone Mason 15.51 Terrazzo Installer 11.64 Tile Setter 14.76 Waterproofer 14.26 Note: Listed minimum prevailing wage rate is the base hourly wage rate including frinngges. Vol. / D p9. r% RFP # 18-091 Design Build Services for McAllester Lane Rehab. Date Approved: --1a3/1 Max Points Available Hayward Baker Brazos Paving 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 20 15 15 program. 2 Approach to successful remediation of existing conditions. 20 15 15 3 Proposal creativity including budget and schedule considerations. 15 5 5 4 Qualifications of the key project team members who will be assigned to a contract. 25 20 18 Firm's previous experience and past performance in working with projects of a similar nature including the 5 20 20 15 longevity of solution Technical Proposal Total 100 75 68 Technical Proposal Points Awarded 60% 45 40.8 Cost Proposal $ 900,449.50 $ 827,591.50 Cost Proposal Points Awarded 40% 36.76348313 40 Total Points Awarded -Technical and Cost Proposals 81.76348313 80.8 Date Approved: --1a3/1 r{� HAYWARD BAKER A KELLER COMPANY Brazos County 200 S. Texas Ave., Ste. 352 Bryan, TX 77803 Phone: 979.361.4292 Email: cwendt(&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 1972] 294-5000 • F [972] 294-2664 Equal Opportunity Employer—Minonh "'^-'•'-^^�^•^-^^_ _ ,l' Vol. P gt� �� J THINK SAFE — 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 4, HAYWARD BAKER A KELLER COMPANY D ....__ 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/Braker, Inc. Bill Little Art Pengelly Pre -Construction Operations Vice President Attachment: General Conditions —Public BL/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) HAYWARD BAKER A KELLER COMPANY $ 5,449.50 Val, -D P, i GENERAL CONDITIONS Public Work 1. Final contract amounts hall 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. 1 IBI shall t ot be held liable for mseettrarte-e�� 6. All testing other than anchors shall be secured and paid for by others. 9. BeF eades shall be fdffifghad and maintained1u' 91llieFS. HBI 11. Rect9ffii-ev 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 byLe. 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. cO rrWi8:FE)R 15. In the event GE)PFFP.0,G:FGR defaults im the peFleFingamee a, -1 af Contract and HBI seeks to enforce all agrees to pay HBI's reasonable attorney's 16. employment nor employed in any manner, including part-time em to e ONTRACTOR or any of its parent or affiliated com anies , r principals of the foregoing during the course of this agreement and for a 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 H I accompanying this bid proposal r submitted subsequently are the property of HBI. HBI is the author of these drawings and d cuments and shall retain all comm law, statutory, and other reserved rights, including the copyright. The drawings and s rications shall not be used by the t on other projects or for completion of this project by others unless 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 County, Texas, This Contract shall be governed, construed, and enforced in accordance with the laws of the State 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. HA►1C'' ARD BAKER A KELLER COMPANY �j Vol, .__•�OY' 7U- Pa.._.-?= -- I Hayward Baker Inc. NNE® (.. HAYWARD P.O. Box 5000 yZRr Little Elm, TX 75068 BAKER Geotechnical construction Tel: 972-294-5000 800-422-4667 Fax: 972-294-2664 December 19, 2017 Brazos County 200 South Texas Avenue Bryan, Texas 77803 Re: McAllester Lane Rehabilitation Project, RFP No. 18-091 Gentlemen: Hayward Baker, Inc. is pleased to present this technical proposal for the 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 providing this 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. aX Arthur Pengelly Vice President California Colorado • Florida - Georgia Illinois - Maryland Minnesota - Missouri New Jersey New York - North Carolina - Pennsylvania Rhode Island L�E�ci Tennessee Texas - Utah - Washington - Alberta British Columbia - Ontario www.HaywardBaker.com Ip www.Oldenlnc.com Equal Opportunity Employer vol, _._.A Z 0 __ pg, 13 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 1H:1V 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 Geotechnical Cons[ruc[ion Vd �i � __-.� P9. _ 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 HAYWARD BAILER Geotechnical Consvualon Once a working bench ha� .en constructed, solider piers will be ii` fled 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 center vertically. 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 1.OV. 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. w (,g, with the requirements of the, iI design must be understood by all ps :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 1.51-1 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 !le31 =- •O_...,e_ C-tt�. 7 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 18 Fvo-,'� . 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 :7�.� Pg. 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 GroundWorks 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. Page 8 of 18Vt6j; P�. RESUMES Page 9 of 18 V^ Ear, HAYWARD BAKER, INC. 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_slop_e stabilization. He has been Page 10 & 18 involved in the design of n (. -sous earth retention structures ant.' ope remediationistabilization 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 Design 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. IV. 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 1 V()I, '% D pg � ;HULTZ ENGINEERING, LLC/ 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 1 ,%`til. 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 -Jones 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 vyko� D Pg. G 6 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 Hawthorne at Traditions Apartments College Station Clinic 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 Children's Design Group Primrose School — Carriage Services, Inc. Hillier Funeral Home Kalcorp Enterprises, Inc. Aggieland Outfitters Williamson Group Architect Black Dental • 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 Conswction ---------------- 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 Bryan/Traditions, L.P. The Traditions Subdivision (979) 821-2582 Wallace Phillips Greens Prairie Investors, Ltd. Castlegate Subdivision (979) 690-7250 Joe Johnson Johnson Investments, Inc. Williams Creek Subdivision (979) 229-0311 M.L. Schehin Saddle Creek Partners, Ltd. Saddle Creek Subdivision (979) 690-2642 William A. Brown Brownstone Architects & Planners, Inc. The Reserve at Traditions Apartments (713)432-7727 Paul Kaspar, P.E. City Engineer City of Bryan (979)209-5030 Bernie Bernard TDI — Brooks International, Inc. TDI — Brooks Office/Lab (979) 690-2787 Heath Phillips Heath Phillips Investments, LLC The Barracks II Subdivison (979) 229-5906 HAYWARD BAKER Geotechnical Conswction Jim Jett 60 -Jones, LLC Aggieland Business Park (979) 571-4341 Jesse Durden Caprock Texas Caprock Crossing Development (979)492-0425 Robert Payne, AIA R. L. Payne & Associates Brazos County Bank (979) 696-7272 John Jordan Rose Rock Capital HSC Clinical Building 1 (979)823-8525 David Scarmardo DWS Development, Inc. 12 at Rock Prairie Subdivision (979)229-5118 John Godfrey Godfrey Residential Group 21 Gramercy Park Apartments (979)731-1700 Justin Whitworth Worth Acquisitions, LLC Aggieland RV Park (979) 739-4930 Leon Williamson Williamson Group Architects Black Dental Office (979) 775-1778 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 Geotechnical Conmcdon vni. J % 0 P«. 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, Tulane 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 HAYWARD HAILER GeMednical Conmaion Va. 7� P� � �7 �►1iT_1 HAYWARD BAKER ;� Geotechnical Consvuction e j Brazos County 4 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 voi. i �_.. Pq-'7 / 6. Aesthetic requirements for retaining wall facing. No aesthetic requirements will be used. The retaining wall must be maintainable. 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 Vol, o, ` Brazos County Purchasing Department Gid OFfV � 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum 92 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 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'. 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 autt with the bid documents as/61cifie4 in thvb Acknowledgement of Signature: _ Printed Name: remain in full force and effect. of the respondent and returned i Va. a� Pg. 73 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: �-/IAU/yoyl LL Date: q l g/Q1 % Subscribed and sworn to me on this Notary Public My Commission expires o b 1 2 G/ F day of IAC f eG/ 6Arin the year Z6� vol. ALICIA GARCIA Notary Public, State at Texas Comm. Expires 01-07.2019 Notary 10 6$7559.9 f �- 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, hqs://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: "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 "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 thanhey are duly authorized to execute this Submittal, that this Submittal has no een p par din Coll sion with any other Firm, and that the contents of this Submittal have of unicated o any other Firm prior to the official openin . Signed By: Title: Typed Name: Company Name:QUT, ��/ - LQ Phone No. Mailing Address: Y P. 0. Box or Street City State zip Employer Identification Number: 59 —.,? 65`7/� Z36 Social Security Number: / Acknowledgement of Addendum #1 V42 ' #3_ 44 #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. 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 Vol. —�_. F`, Page 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. Finns 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:Hbrazosbid.cstx.gov . The deadline for written questions and inquiries is Tuesday, December 12, 2017 at 5:00 pin, 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. Vol. a �U PI--7--L--.I 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 Meeting...................................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 vol. y0 P9. Page 3 D. Project Description 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 tum -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. Vol. o� v Pq.01 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 construction processes. Additionally, the design -builder's submittal shall discuss proposed construction techniques and their impact on the overall design and construction 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. ss—= -1-;__ pq, O / 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 — Project Team Qualifications 1. 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 I 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 other projects may run concurrently or overlap sequentially or work may be required simultaneously. Please define your firm's ability to staff accordingly. AHI.—:..'p, O I 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 d. 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: A proposed Design -Builder's Fee, expressed as a percentage of the Cost of the Work for design services. 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. 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. Page 7 Respondents may be disqualified and their responses not considered, among other reasons, for any of the following specific reasons: 1. 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. �� _ __ ::+-:: � �� 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 1. 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. V©L _-2.2 _0 Pg. 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 must 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. 9. 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. Vol._n� � � - E'g. 9 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 lanj4uage, 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 Iva a 7U P9 � 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 RFP. 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. Vol. p9D -i 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 emplovee 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 rejection of the vendor's proposal. N. Award 1. 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. 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 I) Commercial General Liability General Liability with a minimum limit of $1,000,000 per occur General Aggregate limit shall apply per project $2,000,000 Products-Comp/Ops Aggregate $1,000,000 Personal Injury & Adv. Liability $1,000,000 2) Automobile Liability Owned/Non-Owned and Hired $1,000,000 3) Workers Compensation Coverage Statutory & Employers Liability w/waiver of subrogation $1,000,000 4) Umbrella I Excess Liability $2,000,000 (Minimum) 5) Professional Liability (E & O) (Engineers Only) $1,000,000 (Minimum) 6) Additional Requirements: lvCi. Pg. 9� 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 I Professional 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. pg. 97 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. —o�%.U� F9. 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 project - 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 providing services on the project ("subcontractors" in section 406.096 {of the Texas Labor Codel) - 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 daring 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 font 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. Va --_ �— P9• = 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 note 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 verify coverage and report lack of coverage. L 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) 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 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. oC / U 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 Name: Address: Respondent's Position/Title: Respondent's Signature: Subscribed and sworn to me on this day of in the year Notary Public My Commission expires Vol. �_ Pg. I 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.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. Company Authorized Company Address: Contract Vol. p9 —' __ 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 #1_ #2 43_ #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. Brazos County Commissioner's Court Attest: Brazos County Pg. Page 22 Exhibit "A" Scope of Services To be negotiated y__P9 9 �' 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. Owners Authorized Representative: Mr. Gary Arnold Road Administrator Brazos County 2617 W. Hwy 21 Bryan, TX 77803 (979)822-2127 garnold@brazoscountytx.gov 2. Design -Builders Authorized Representative: Mr. Art Pengelly Vice President Hayward Baker, Inc. P.O. Box 5000 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. 1 of 12 Vol. ,� %D P9 Z, �� 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—CONTRACTTIMES 2.01 Time of the Essence ....... .._A.. - All time -limits forDesign-Builders 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 E1C00 0-512, 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. __ 7 Pg. '11011 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 901a 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 Owner's 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 FJCDC® 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 12 Vol. 7 UPg. /U a 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 2.03.13 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 2.03.13 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 Cateaory I Compensation Method I Amount 30% lated Price EJCDC° D-512, Agreement Between Owner and Design-Builderfcr 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 4 of 12 va. 7 Pg. /ate" 60% Design I Stipulated Price $18.000.00 Total: Preliminary Stage Price I$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. for) 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 -Builders 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 -Builder 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; 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 5 of 12 ......_.__-..._....._....._,..__........... i Vol. 7U Py �U 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 ($870.550.001 ("Owner's Completion Contingency"). After Owners 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 (2511) day of each month during construction as provided in _. . — Paragraphs 4.02A.1 and 4.02.A.2 below, -- provided fhat such Applicafiohs for Payment have- 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 E)CDCO 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. 6 of 12 vol. v_ p9. amounts set off by Owner pursuant to Paragraph 14.01.6 of the General Conditions, and less one -hundred (100) percent of Owner's 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 -Builders fee: In the case of a Cost of the Work contract, progress payments on account of the Design -Builders 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 - ---- -- -portion of a -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 EJCDC0 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. 7 of 12 Vol. �2 7 ^ 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 cast, 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. S. Design -Builder has considered the information known to Design -Builder itself, and to Construction Subcontractors and Project Design Professionals that Design -Builder has selected is of the Effective Date' information""commonly" known to design 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. 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 8 of 12 i Vol. 7U Pg. �Q -j 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 -Builders 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 Ito 12, inclusive). 2. General Conditions (pages 1 to 61, inclusive). 3. Conceptual Documents. 4. Exhibit A, Preliminary Stage Work. 5. Exhibit B, Compensation. 6. RFP 18-091. 7. Addenda (numbers 1 to 2). 8. Design -Builder's 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,pf OviLEngineers, 9 of 12 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 Design-Bullder 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 10 of 12 Vol. ____7 0 Pg. ==-L_ 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 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 11 of 12 va._-�_ Pg -//�_ IN WITNESS WHEREOF, Owner and Design-B2ild ave igned this Agreement. This Agreement will be effective on January �15, 2018 (which is the Effective Date of the Contract). Atte . `�/ �zz� Attest: Title: Cot wrZ &IoLL Title: Address for giving notices: Address for giving notices: License No.: (where applicable) 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. V01. Page 12 of 12 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 iq 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 Project) 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. EJCDC® D-512, Agreement Between Ownerand Design•Builderfor Progressive Design -Build. copyright © 2016 National society of Professional Engineers, American Council of Engineering Companies, Vol. 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 orschedule, 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 Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 3 j vol. 1 Pg. / j 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. S. Provide renderings or models for Owner's 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. 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. 3 of voi. 7 0 Pq. // `� 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 4m&, 2018. 9-1: PRELIMINARY STAGE—STIPULATED PRICE 23 V/ Article 3 of the Agreement is supplemented as follows: 83.01 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 -Builder's 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 -Builders estimate of the proportion of the total Work actually completed during the billing period to the Stipulated Price for the phase. EXHIBIT B=1:-Pre7Jminary Stage—Stipulated-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 1 of 1 This is EXHIBIT 9-2, 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 - Builder's 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.. limitation_superintend.ents, 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 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. 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 1 of 4 vol. 1 0 pg. /�� auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Design -Builder whether at the Site or in Oesign-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: 2.01.6.1, all of which are to be considered administrative costs covered by the Design -Builder's fee. 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 Subcontractors Cost of the Work and fee shall be determined in the same manner as Design -Builders 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 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 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 necessaryforthe 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 8-2: completion Stage—Cost of Completion of the Work Plus a Fee, Subject to a Guaranteed Maximum Price. FJCDC° 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 4 Vol. ;� 7 U pg. //', 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 -Builder's 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.B. D. Documentation: Whenever the cost of any Work is to be determined pursuant to Paragraph B-2: 2.01.6 and B-2: 2.01.C, 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. 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. Page 3 of 4 va. a 7 pg. lI Y 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 $f =] (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 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 -Builder's fee under B-2: Article 3, together with the Preliminary Stage Price, will not exceed $GM, 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. ARTICLES —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.D of the General Conditions, subject to any Guaranteed Maximum Price and the provisions of Paragraph B-2: 5.01.6. (or] A. If Design -Builders 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: 5.01.13. B. Wherever there 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 forsuch deletions to the Work. EXHIBIT B-2: Completion Stage—Cost of Completion of the Work Plus a Fee, Subject to a Guaranteed Maximum Price. EJCDCm 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. Paee 4 of 4 �j 9 Vol. �`2L_ P �� 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: [` ] (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. Soft va. Pg. /�0 McALLESTER LANE REHABILITATION PROJECT STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN -BUILDER TABLE OF CONTENTS 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 i 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 -Builders Progress.....................................................................................11 ARTICLE S—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 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 i 5.05 Underground Facilities ......................................................................................................... 1S 5.06 Hazardous Environmental Conditions atSite ...................................................................... 10 ARTICLE 6—BONDS AND INSURANCE ......................................................................................................... 18 6.01 Performance, Payment, and Other Bonds ........................................................................... l8 5.02 Insurance—General Provisions ............................................................................................ 19 6iO3 Design'Ruilde/sInsurance ................................................................................................... Z0 6.04 Owner's Liability Insurance .................................................................................................. 24 6/05 Property Insurance ............................................................................................................... Z5 6.06 Waiver ofRights ............................................................................................................ ...... Z7 0.07 Receipt and Application ofProperty Insurance Proceeds ................................................... Z8 ARTICLE 7—DES|GN'8U|LDER'S RESPONSIBILITIES ..................................................................................... 28 7/01 Design Professional Services ................................................................................................ Z8 7.02 Construction ......................................................................................................................... Z8 7.03 Supervision and Superintendence ofConstruction ............................................................. IO 7.04 Labor; Working Hours .......................................................................................................... Z9 7.03 Services, Materials, and Equipment .................... ............................................................... Z9 7.06 "Or Eqoa|s"and Substitutions .....................,................................. Z9 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 .................................................................................................................................... 3Z 7.11 Laws and Regulations .............................................................................................. ............ 3Z 7.12 Record Documents ...................................... ........................................................................ 33 7.13 Safety and Protection .......................................................................................................... 33 7.14 Safety Representative .......................................................................................................... 34 7.15 Hazard Communication Programs ............................................................................ .......... 34 7J6Emergencies ......................................................................................................................... 34 7.17 Post -Construction Phase ...................................................................................................... 34 7.18 Dcdgn'Bui|dc/sGeneral Warranty and Guarantee ............................................................ 35 7.19 Indemnification .................................................................................................................... 35 ARTICLE8— SUBMITTALS ............................................................................................................................ 3G 8.01 Design'Bui|de/sPreparation ofSubmittals ......................................................................... J6 ocncO D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright 9)xomNational Society ,/ Professional Engineers, American Council o/Engineering Companies, 8.02 Owner's Review of Submittals.............................................................................................37 ARTICLE 9 — OTHER CONSTRUCTION.......................................................................................................... 38 9.01 Other Work..........................................................................................................................38 9.02 Coordination........................................................................................................................39 9.03 Legal Relationships...............................................................................................................39 ARTICLE 10—OWNER'S RESPONSIBILITIES.................................................................................................40 10.01 General.................................................................................................................................40 10.02 Insurance.............................................................................................................................. 42 10.03 Limitations on Owner's Responsibilities..............................................................................42 10.04 Undisclosed Hazardous Environmental Condition...............................................................42 10.05 Owner's Site Representative................................................................................................42 10.06 Owner's Consultants and Managers....................................................................................42 10.07 Safety Programs...................................................................................................................42 10.08 Permits and Approvals.........................................................................................................43 ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK...................................43 11.01 Amending and Supplementing Contract Documents..........................................................43 11.02 Authorized Changes in the Work.........................................................................................43 11.03 Unauthorized Changes in the Work.....................................................................................43 11.04 Changes Involving the Design..............................................................................................44 11.05 Change of Contract Price.....................................................................................................44 11.06 Change of Contract Times....................................................................................................45 11.07 Execution of Change Orders................................................................................................45 11.08 Notice to Sureties.................................................................................................................46 ARTICLE 12 — COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK......................................................46 12.01 Cost of the Work..................................................................................................................46 12.02 Unit Price Work....................................................................................................................49 ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION................................................................................................................... 49 13.01 Access to Construction.........................................................................................................49 13.02 Tests, Inspections, and Approvals........................................................................................49 13.03 Uncovering Construction.....................................................................................................50 13.04 Defective Construction........................................................................................................51 13.05 Owner May Correct Defective Construction........................................................................51 EICDC° 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, 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 15.03 Owner May Terminate for Convenience............................................................................. 59 15.04 Design -Builder May Stop Work or Terminate......................................................................59 ARTICLE 16 — 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 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, and American Society of Civil Engineers. All rights reserved. ..a__ Peron w vel.0__ Pc,. /a V 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. 8. 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, 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, 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, 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 2 o 61' VGL_ i 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. EJCDV D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright© 2D16 National Society of Professional Engineers, American Council of Engineering Companies, 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 Volues: A-schedule,—prepared-and-maintained-by-Design=BuiIder,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. 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 AmeEranq .r'aw,ofCiull Engineers. AlLrights rasarved. I Page 4 of 61 vo�.. Pq. _ I 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 -- tipulated,-or-a_Guaranteed-Maximum_P_rice)-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, EJOW 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 tri 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 adjacentto 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 "day" 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 fo put Into use or p ec�lh in�position sar Services materials or etfoipment or equipment complete and ready for intended use. 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 Societyof Civil Engineers. All rights reserved. ------�.-"t Page 6 of 61 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 Bands 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. 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, and Americap Samew ULM EnelneerS.richtsreserve . 7 o 61 5. 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. Ownershall 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 Owner's 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, pr_ocessing Applicati_ons_f4r P_ayment,_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 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 Sodaty.af.Guil.Enginears AJ4rights reserved,�j ( n 1 r , 7 7 L Page 8 of 61 9 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 Transmittals 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 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 �All rights reaerY4.d.__ Page 9 of 61 Vol. Pg. 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 Qualifications or Request 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-Drawingsand-Record-Specifications for -Owners 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-Owrfer or anyorfe for whom Owner is responsible -delays; disrapts,—or-interferes-withrthe 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 -Builder's ability to complete the Work within the Contract Times. EICDCO D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National Society of Professional Engineers, American Council or Engineering Companies, and AmericartSocietyoftiVH Engineers: All*ights reserved._''� A -'f .� r 7L- I Page 11 of 61 I B. Design -Builder shall notibe 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. Causesof 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 an 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, orinterference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Design -Builder. EJCDCO 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, 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. S.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, Owner's 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 costs) 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 rf om accumulations of wastemateri rurubbish, 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 Society of Civil Engineers. All rights reserved. "�-"I Page 13 of 61 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, orthe 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.-to—applyThe provisions of this Paragraph 5.04 are not intended to a Fazar ou— Environmental Condition or Underground Facility uncovered or revealed at the Site. 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 Saik! of Civil Engineers, All rights reserved. Vol. oL 2 v p4. 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 -Builders 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.C, 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 -Builders cost of, or the time required for, providing_Design_P_rofessional_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. 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 Engineers. All rights reserved. Page 15 of 61 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 -Builder's 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 -Builders 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.D 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° 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, 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 any 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 -5:06:6 -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, 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 17 of 61 Vol. __ Pg. 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 or jurisdiction 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-Des ign-Builder-fro m -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 © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 18 of 61 VOL C)2 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) its,. Construction 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 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. EJCD0 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.Gf CivilEnaineers. All riehts reserved. Page 29 of 61 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 -Builders 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 S ckness; 6r disease, or death of Design -Builders 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) 150 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, andAmerican Society of Civil Engineers. All rights resQnwd Page 20 of 61 va. _ Pri. 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, 150 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 0413. 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 employers 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. 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. 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 fay assuring 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. J. General provisions: The policies of insurance required by this Paragraph 6.03 shall: ----l—.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. 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 Ame0canSn ' n of Civil Engineers. All rights reserved. 22 of 61 io 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 -Builders 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. S. 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: Stater Federal, if applicable (e.g., Longshoreman's): Jones Act coverage,*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 Foreignvoluntaryworkercompensation Statutory 2. Design -Builder's Commercial General Liability under Paragraphs 6.03.8 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 Ameri•^^-c^= •^f wil Englneers. All rights reserved. 23 of 61 0 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: -k-: Per Occurrence General Aggregate $ 500,000 $ 1,000,000 $ 500,000 $ 1,000,000 $ 2,000,000 5. 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 $ 1,000,000 $ 1,000,000 6.04 Owner's Liability Insurance 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-prope rty-stored-at-the -- premises of a manufacturer or Supplier). 6. Extend to cover damage or loss to insured property while in transit. 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, 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.OS, 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 Su can ractor, or an employee of Design -Builder ora Construction Subcontf-actor,-then-the -- entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. E1CDCd 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 Sn icw o/ Civil Fnein,ors All rights resewed- F aj I Page ' htsresewed- Page 26 of 61 Vol. pg. 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.OS, 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 6.06.8 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 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 27 of 61 Vol, �.... pg, /J 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 7 - DESIGN -BUILDER'S 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- Buildershail-tre solely -responsible- for -the -means methods; techniques sequencerand - 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. 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, 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_P_roject.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, and American All rights reserved. Page 29 of 61 Pg. - /� _ 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. EICDCe 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. y 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, 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 FJCDC® 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 Soll A F ' is. All rights reserved. Page 31 of 61 Pg, A0 r 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. Owners 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 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 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 fneineers. All rights reserved..--__ 32 of 61 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 p— r�ion of the Work m -ay affectthem, and shall-cooperate-with-them---- in ooperatevwith-them -in the protection, removal, relocation, and replacement of their property or work in progress. 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 Engineers. All rights reserved. Page 33 of 61 Vol, C. Design -Builder shall comply with the applicable requirements of Owners 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 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. 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, and American Society or 0 Engineers. All rights reserved. —� i, Page 34 of 61 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; 5. 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 -m em be rs-pa rtners,-em ployees-age nts-eonsu Ita nts,-o r-su bco ntraeters,-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 E1CDCe 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 Socie of Civil Engineers. All rights reserved. Page 35 of 61 Vol. 04 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-similarinformation-with-respect-to-the-SubmittaIva nd-confirm-that-the-Submittal-is---- complete hat-theSubmittal-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 FJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright©2016 National Society of Professional Engineers, Am er!EiaLauwjlWgingeringCompanies, Q 1 Page 36 of 61 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 Owners 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. 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, and American Society of Civil Engineers. All rights reserved. 37 of 61 Vol. n_ /Ca/ 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 Owner's 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. EJCDCs 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 AmSrican Society of Civil Engineers. All rights reserved. Page 38 of 61 Vol. _— P9 �� Z 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 -Builders 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 Owner's 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 -Builder's 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 Owner's contractual EICDCO 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, 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 Owners 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 -Builders failure to take reasonable and customary measures with respect to Owner's 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 A¢reement: a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of-way, and other special engineering surveys or data; 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 vol. A 7 y 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 Owners 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 counselors 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, 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 -Builders 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 Owner's 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, Owners 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. Owners 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, Owners 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. 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, and American Society of Civil Engineers. All rights reserved. Page 42 of 61 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. EJ CDC° 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, 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.D); 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.B.1.a. and 12.01.8.2, the Design -Builder's fee shall be 15 percent; b. For costs incurred under Paragraph 12.01.8.3, 12.01.8.4, 12.01.8.5, and 12.01.8.6, the Design-BUllder'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 E]CDC' 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 AmericilinSadAULpI Civil Engineers. All rights reserved. Page 44 of 61 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 percentto 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 ofContract 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 Owner's 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 © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and Amerlan Sp� i eers All rights reserved. Page 45 of 61 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 OFTHE 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 or4nCrdemental 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.C, 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 O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and Americ8ltSectetyofCtvi♦•n /) :IAII-rights reseaed � .� fI Page 46 of 61 For purposes of this Paragraph 12.01.131.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 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. 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. 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 American5ociety of Civil Engineers. All rights reserved. Page 47 of 61 Pg. �Y/ 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 he 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 sale proprietorships), general managers, estimators, attorneys, auditors, accountants, purchasing and contracting agents, _expediters, tirpekeepers, clerks, and other personnel employed by Design-Build'ef Xdhether a the Sitd 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.B.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 12.01.8. 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_he-determined_asset_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 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 ooff—Civil Engineers. All rights reserved. p ---- .� Page 48 of 61 pg. y� 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 ----ti" 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; 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, and Am an Society of Civil Engineers. All rights reserved. Page 49 of 61 V61: 7 z P0. �� 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 -Builders 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,—maYerial,—a�ntJ 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. EICDC° D -70a, 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 50 of 61 i 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. 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 is mot 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, Owner's 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. 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. 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, 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. -1 pf ayment 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 Societv.otCivil Engineers. All riehts reserved. —� Page 52 of 61 /, covered by appropriate property insurance and other arrangements to protect Owner's 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 -Builder's 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; 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 America^ Say on f CBCll Engineers. All rights reserved. Page 53 of 6I P 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. 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 dociety.cf civil Engineers. All rights reserved. Page 54 of 61 Pg.. 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 Owner's 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 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, 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 Finallnspection 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 Dfthe 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© 2016 National Society of Professional Engineers, American Council of Engineering Companies and AmefiEan SOClety of Civil Eneineers, Allrivho, reserved. 56 of 61 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 forfinal 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 Owners 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. EJCDC1 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, 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 anyone 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- " 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 15.02.8, 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. EICDC0 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. of 61 Vol. T 1) pg. _ yal 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 orTerminbte .._.,. _ . 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 Owneror-any-other relief-proposed-orrequested-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. E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder. Copyright © 2016 National` Socretyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 61 4 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 anyway 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-gua ra ntee;_o 3. Other provisions 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, 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 Low 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. 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 AmericarbSQ60^ of Civil Engineers. All rights reserved. �/r .-�'�"��•.� Page 61 of 61 18-097- Expansion of Juvenile Detention Center Committee Recommendatio : Collier Constr tion Approved: Date: 27 (I� As the highest evaluated vendor, negotiations were held with Collier and they agreed to reduce the number of days by 30 and provided an additional credit of $95,500. It was requested by Brazos County and agreed to by Collier that this savings would be added to the Owner's Contingency. The 30 day credit is credited to the total number of days, and will be assessed to the proper phase or phases during the creation of the project schedule. Lvo i, ; 7 y Pg. IIG Acklam Webber Collier` Turner Base Proposal $ 15,698,000.00 $ 14,800,000.00 $ 14,230,000.00 $ 17,619,311.00 Alternate #1 $ 2,160,000.00 $ 2,245,000.00 $ 1,920,000.00 $ 2,784,100.00 Alternate H2 $ 340,000.00 $ 390,000.00 $ 260,000.00 $ 444,300.00 Alternate #3 $ 95,000.00 $ 95,000.00 $ 76,000.00 $ 135,000.00 Alternate #4 $ 44,000.00 No Bid $ 50,000.00 $ 171,500.00 Alternate #5 $ 244,000.00 $ 235,000.00 $ 205,000.00 $ 366,100.00 Alternate#6 $ 272,370.00 $ 260,000.00 $ 210,000.00 $ 459,800.00 Alternate #7 $ 71,200.00 $ 85,000.00 $ 58,000.00 $ 93,100.00 Alternate #8 $ 122,000.00 $ 130,000.00 $ 390,000.00 $ 292,800.00 Total', $ 19,046,570.00 $ 18,240,000.00 $ 17,399,000.00 $ 22,366,011.00 Unit Price #1 $25.00/ CY $23.00/ CY $21.00/ CY $25.00/ CY Unit Price #2 $35.00/ CY $120.00/ CY $155.00/ CY $125.00/ CY Unit Price#3 $15.00/ SF $38.00/ SIF $32.00/ SF $43.00/ SF $16,000/ Ton & Unit Price 44 $3.50/ LB $3,400/ Ton $3,800/ Ton $8.00/ LB Unit Price 45 $15.00/SY $31.50/SY $92/SY $35.00/SY Days to Complete Phase 1 400 380 530 450 Phase 2 155 100 119 100 Phase 3 45 40 45 90 Total 600 520 694 640 Alternate#1 30 0 0 20 Alternate#2 30 0 - 0 0 Alternate#3 30 0 0 0 Alternate 44 0 0 0 5 Alternate #5 0 0 0 10 Alternate 46 60 0 0 90 Alternate #7 0 0 0 0 Alternate #8 15 0 0 0 Total Days with All Phases & Alternates 765 520 664 765 Max Points Avail. Costs 40 37 38 40 31 Completion Time 10 7 10 8 7 Quality of previous, similar contracts w/ Brazos County 10 3 5 8 4 Proposer's reputation with similar projects 20 - SS 15 15 13 Ability to perform contract 20 13 13 18 IS Total Score 100 75 81 - 89 70 Committee Recommendatio : Collier Constr tion Approved: Date: 27 (I� As the highest evaluated vendor, negotiations were held with Collier and they agreed to reduce the number of days by 30 and provided an additional credit of $95,500. It was requested by Brazos County and agreed to by Collier that this savings would be added to the Owner's Contingency. The 30 day credit is credited to the total number of days, and will be assessed to the proper phase or phases during the creation of the project schedule. Lvo i, ; 7 y Pg. IIG Brazos County Purchasing Office 200 South Texas Ave. Bryan, TX 77803 Thank you for the opportunity to complete for your work. We are pleased to submit the enclosed proposal. As for our personnel is concerned, we have assigned the following: Project Manager: Larry Eder 35+ years of experience because he has expertise with detention facilities, is a seasoned veteran and has experience with Brazos County, Expo Phase II. Assistant Project Manager: Samantha Medve 4 years of experience and has worked on three Brazos County projects and is familiar with local and Brazos County subs and suppliers Project Superintendent: Jeff Tackett 30+ years of experience because he also has extensive detention experience, is a seasoned veteran, and also is familiar with local and Brazos County subs and suppliers. Should we be selected, I pledge to be personally involved, as well as Clayton Collier, and the rest of our team, to complete your project on time and on budget. Please do not hesitate to contact me should you have any questions. Office: 979-836-4477 Cell: 979-251-4642 Clayton's Cell: 979-251-4643 Thank you, Mike Collier, President Collier Construction Vol. 1 o p9, g, i✓3.TdjEy..S �^�T+..� .. �.y ?`=°AI Document A305TN -1986 Contractor's Qualification Statement The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: Brazos County Purchasing Office ADDITIONS AND DELETIONS: The author of this document has ADDRESS: 200 South Texas Ave., Ste 352, Bryan, Texas 77803 added information needed for its completion. The author may also SUBMITTED BY: Collier Construction, LLC. have revised the text of the original AIA standard form. An Additions and NAME: Collier Construction, LLC. Deletions Report that notes added information as well as revisions to the standard form text is available ADDRESS: P.O.Box 1889, Brenham, TX 77834 from the author and should he reviewed. A vertical line in the left PRINCIPAL OFFICE: 1601 Highway 290 West, Brenham, TX77833 margin of this document indicates where the author has added [ ] Corporation necessary information and where [ ] Partnership the author has added to or deleted [ ] Individual from the original AIA text. [ ] Joint Venture (X ] Other LLC This document has important legal consequences. Consultation with an attorney is encouraged with respect NAME OF PROJECT: (f applicable) Expansion of Juvenile Detention Facility to its completion or modification. TYPE OF WORK: (file separate form for each Classification of Work) This form is approved and recommended by the American I - [ X ] General Construction Institute of Architects (AIA) and The _ [ ] HVAC Associated General Contractors of [ ] Electrical America (AGC) for use in evaluating - [ ] Plumbing the qualifications of contractors. No [ ] Other: (Specify) endorsement of the submitting party or verification of the information is made by AIA or AGC. § 1 ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 34 Years § 1.2 How many years has your organization been in business under its present business name? 34 years § 1.2.1 Under what other or former names has your organization operated? N/A § 1.3 If your organization is a corporation, answer the following: § 1.3.1 Date of incorporation: § 1.3.2 State of incorporation: §J.3,3 -President's name: § 1.3.4 Vice-president's name(s) 01.1 § 1.3.5 Secretary's name: AIA Document A306r"-1986. Copyright© 1964, 1969, 1979 and 1986 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and IntemationaI Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent Dossibie under the law. This document was produced by AIA software at 12:14:17 on 02/23/2018 unjr Order No. 710n6295770 which expires on 02102/2019, aid is not for resale. User Notes: r� C2 / U pg %"?q (3B9ADA2E § 1.3.6 Treasurer's name: § 1.4 If your organization is a partnership, answer the following: § 1.4.1 Date of organization: § 1.4.2 Type of partnership (if applicable): § 1.4.3 Name(s) of general partner(s) N/A § 1.5 If your organization is individually owned, answer the following: § 1.5.1 Date of organization: § 1.5.2 Name of owner: N/A § 1.6 If the form of your organization is other than those listed above, describe it and name the principals: Collier Construction is a Texas Limited Liability Company and has been owned and operated by Mike Collier since 1983. The management team at Collier Construction has remained virtually unchanged for three decades. § 2 LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. N/A § 2.2 List jurisdictions in which your organization's partnership or trade name is filed. N/A § 3 EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. Carpentry, Site Work, Plumbing, and Concrete § 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) § 3.2.1 Has your organization ever failed to complete any work awarded to it? No § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes• please attach details.) No § 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. AIA Document A305--1986. Copyright @ 1964, 1969, 1979 and 1986 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:14:17 an 02/23/2018 under-9rderltl0..Z 106295770 which expires on 02/02/2019, and is not for resale. User Notes: �^--� (3B9ADA2E Vol. �-% h_ P9 ye Please see attached § 3.4.1 State total worth of work in progress and under contract: $27,454,000.00 § 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. Percentage of cost of work self performed is from 25-35%. Please see attached for the list of completed projects in the past 5 years. § 3.5.1 State average annual amount of construction work performed during the past five years: $47,800,000.00 average in progress the last 10 years § 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. Please see attached § 4 REFERENCES § 4.1 Trade References: Haarmeyer Electric Roy Haarmeyer Conroe, TX Phone: 936-756-1068 Mustang CAT Jason Watson Bryan/College Station, TX Phone: 936-291-2181 Joslin Utilites Curt Joslin Porter, TX Phone: 281-354-5840 A-1 Trucking Anthony Bryan, TX Phone: 979-436-2769 Southland Builders Steve Driver MontgomeryTX— Phone:936-224-3992 Lauren Concrete Robert Conrad Brenham TX Phone: 281-743-3417 AIA Document A305T" —1986. Copyright ®1964, 1969, 1979 and 1986 byThe Amedcan Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal pen hn stn I t tl sable under the law. This document was produced by AIA softwam at 11:15:49 on 0212712015 u der Order No. 7106295770 which expires on 02/ 2p 19, nd is not for resale. User Notes: (3139ADA37) va. 17 0 P9. / § 4.2 Bank References: Citizens State Bank Ben Flencher, President PO Box 518 Somerville, TX 77834 Phone: 979-596-1421 § 4.3 Surety: § 4.3.1 Name of bonding company: Liberty Mutual 2423 Arbor Drive Round Rock, TX 78681 § 4.3.2 Name and address of agent: Edward Arens, Technical Assurance 29811.Interstate 45, Suite 9101 The Woodlands, TX 77381 § 5 FINANCING § 5.1 Financial Statement. § 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: . Please see (1) copy of a Confidential Financial Statement enclosed. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). § 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: Collier Construction, LLC 1601 Hwy 290 West, Brenham, Texas 77833 § 5.1.31s the attached financial statement for the identical organization named on page one? Yes Ifncl,_explain-the-Lelationship-�Lnd-financial_responsibility_of_thc_organization whose -financial statement is provided (e.g., parent -subsidiary). § 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? AIA Document A305--1996. Copyright© 1964, 1969, 1979 and 1996 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:37:19 on 02/ QW2[ Na. 7106295770 which expires on 02102/2019, and is not for resale. User Nates: `�"'�'�-- -.,.,� (3a9ADA39) Vol. § 6 SIGNATURE § 6.1 Dated at this day of Name of Organization: Collier Construction, LLC. By: Mike_Collier Ile Ti e: residen `ne r�t � § 6.2 M Mike Collier being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this 27th day of February, 2018 Notary Public: SARA D # LIE131 879 ION My Commission Expires: l '�t Ooaj 9 Notary ID scion Expires 55 My Commission Expires rto„C April 13,2021 AIA Document A30SIm —1986. Copyright® 1964, 1969, 1979 and 1986 by -The Amencan Institute of Architects. All rlghIs reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:14:17 on 0212312 9rdarSlo_Z1Dfi which ex fires on 0210212019, and is not for resale. User Notes: (3B9ADA2E • We treat people as we would want to be treated. • Be committed to the highest standards of excellence. • Do whatever it takes to make each project a complete success to the full satisfaction of the Owner, regardless of the size of project or difficulty. • Work as a team player in all aspects including being innovative to solving challenges. • Respect, value and nurture our relationship with the Owner. • Recognize our people as our most valued assets. • Provide the opportunity and support for our people to grow, improve and achieve their true potential. • Maintain a strong work ethic and generate a fair and reasonable profit. • Be very competitive in the market place, with conservative growth and risk. Follow up each project with a relationship of utmost integrity and be on a hand shake basis with all involved. P0/ 17 G tJy Z -F-47 2. Bidder's information A. Company Name: Collier Construction LLC Address of Principle Office: P.O. Box 1889 1601 Hwy 290 West Brenham, Texas 77833 Phone Number: (979) 836-4477 Fax Number: (979) 836-4940 B. Contact Person with Title: Mike Collier, President Cell # 979-251-4642 C. Location of office(s) from which Pre -Construction and management services are to be conducted: 1601 Hwy 290 West Brenham, Texas 77833 D. Brief history of the company. Collier Construction is a full service construction firm founded in 1983 with offices located in Brenham and League City, Texas. For over 30 years we have been committed to outstanding quality, from project launch through every phase of construction and through the warranty period. We have com- pleted all construction jobs on time and within budget and hold ourselves to the highest standards of excellence. Although we have continued to grow, we still remain a family-owned, family -run business, and we pride ourselves on our quality of craftsmanship, attention to detail, and our loyal team. We leave no stone unturned in achieving complete client satisfaction. E. Company's values and philosophy with emphasis on industrial, repair, and fabrication facilities. The Collier Construction Teamwork Approach Standards, as shown on the first page of this proposal, are inherent and critical to the success of all projects taken on by the ']'earn. Nancy Co rol Memorial Library Brenham, TX EVol.. ��Pg. /95� (5) Similar Representative Projects ps o po s4 t'S l°cp c° �,0` 6`°o<co �°lea aoJ �s�v sp`° VJ °�l^ caS4pQrLa tc � „a ,aril• 4 0 ° co opo �+ ^ate `°� �° 6 4 Sher°C�°°� � ¢S: o'�pC Project Name Owner Contact plc^aQ•°`p\°���Q °pQ` �p�p opSr� p`p Architect Contact AS� coy y1¢�P• ry.�C apo a°y A1J a1S` y�o Aoa ��C��s` ,��Q�o� T"{—J - Hryan136'�# +-e. Hrya4'ISD yrs Sa ARhrtetts, ine -,.� r ay,.2'�` x ��.,. hemp Carverflementary -Gradysladen . BrlaiiHansen�� �28i�286-6LOS Y'yi(Jn '� (�//'��'v "4 y}// f or� � +�`" �rz '" q U L£z&Road Lonstiudton i :.979-2093062 r;rt iiJJ §.\Vr c�Y s'� kF�i`f,�g ':' s�'Y '� •a,r�•dt 5r�^-.Fs:; ��, {_�f�-3 tis BrazosCounty Exp Expo Center Brazos County apo Tom Quwlez,Dbvctor fSA Architects lne . Wade Zimmer Pince It 979-823-3976 979-779-5757 � ,s 'k-7-. •� r -i Goodtvm,7asrtec c u J � s. � r � F r T. s �!�' _. '� t y tm`dlsanvillelSD n -A '� 3 D1adLsmmHelSD { i d t i�` 4} s S r - a d• -v rs s 2015 Hond Projects i 936 348.2797` fk, Brsaio y Expo Center Snos County Expo GaryAmold Sntects WadeMnuner 1 Q 1 199-462 Phae Bl 979-779-5757 J J ie\y Canei 15D -New[wey L83)., f BayArclntects fnc' 3^ s s d„ ' ` 1 n j yw i -' +, h ✓ r sx r y' > i PnotenWghSchoo]&[aunty RckCmvam ':SuperNtendent '� - Brad Hughes� ,y F �� > , Er �' i ItoadtVaik r a -• t3 t >2812866605 s � n �' � �7� '��11 x. r �i i iJ .� 7 k"� rt 74 _.. r. l.... :<..i.'`v e'z.. <i. 28i 577•S60D.=-,t ..'`» �-a rt_F _ty�r:-. ? ..s:x �+P.r s+.... ,..- .v `.. ga v,� 2a a »a E' ., '. 3� .':,, _;�' Other Projects Prim to 2100 i (with detention): Austin Countv fail: Additions and Renovations Hempstead Police Station Experience RECENT COMPLETED PROJECTS Goodwin Lasiter Madisonville ISD Madisonville ISD Strong Keith Smith Renovation and November November Larry Lasiter CMAR $17,057,767 936-348-2797 New Construction 2017 2017 832-315-7526 718 Bacon St. Madisonville, TX 4077 Cross Park Dr. Madisonville, TX 77864 Bryan, TX 77802 I I I Brazos County Expo Brazos Cou'r ity x po SZH Architects GaryArnold Phase III Wade Zimmer .Center, November November 979-436-2716 New Constructioin & CSP $4,427,000 979-779-5757 Additions 1711 Cavitt Ave :Bryafi,,TX Bryan, TX 77801 MarmonMok Blinn College Blinn College Kruse Jonathan Olvera Recreation Center Winter Winter Richard O'Ma Hey 210-223-9492 Brenham, TX CSP $9,804,197 2017 2017 979-830-4268 700 N. St. Mary's St 902 College Ave New Construction Ste 1600 Brenham, TX 77833 San Antonio, TX 78205 PaulAschenbeck Brenham ISD Brenham ISD Corgan Bond Projects Assistant Associates, Inc. August August 713-425-4493 Brenham, TX CMAR $23,000,000 2014 2014 Superintendent 20 East Greenway Plaza Additions 979-277-3700 Ste. 410 Renovations 711 E. Mansfield Houston, TX 77046 Brenham, TX 77834 BayIBI Rockdale ISD Dr. Ned Walton Architects Bond Projects Summer 979-229-4586 Tom Clements Rockdale, TX CMAR $22,000,000 Summer2009 Rockdale, TX 76567 2200 West Loop S. Renovations Houston, TX 77027 Brazos County Maintenance (Engineer) December December 979-436-2716 176cility.. CSP $1,179,000 979-260-6963 2015 TrYan,TX Bryan, TX 77803 College Station, TX 77845 Porter High School New Caney ISD Architects Bond Projects June June Superintendent Brad Hughes CMAR $56,000,00 New Construction 2011 2011 281-577-8600 281-286-6605 NewCaney,TX I 1014117M 1411 Rd 22DOWestLoop S. 3. Project Experience RECENT COMPLETED PROJECTS ;PROTECT &.LOCATIOf,Ic DELIVERY METHOD AMOUNT ) � e a � Brazos . s County Expo Brazos County SZH Architects " , . . Expo e nter Pha s e 11 Wade Zimmer Spring Spring Gary Arnold New Construction & CSP $8,071,000 979-779-5757 2011 2011 979-436-2716 :Additions 1711 CavittAve 300 E. 26th St. Bryan, TX Bryan, TX 77803 Bryan, TX 77801 Rick Dowan Bay FBI New Caney New Caney ISD Bond Projects Su Superintendent Architects New Construction & CMAR $57,341,756 Summer Summer 281-577-8600 Brad Hughes 2011 2011 281-286-6605 Additions 20340 FM 1485 Rd 2200 West Loop S. New Caney, TX New Caney, TX Houston, TX 77027 77357 Davilla Middle Rachel Henderson Bay IBI School Bryan ISD Architects New Construction & CSP $21,308,023 Spring Spring 979-209-1049 Brad Hughes Additions 2008 2008 101 N Texas Ave 281-286-6605 2200 West Loop S. Bryan, TX Bryan, TX 77803 Houston, TX 77027 Bellville ISD Bellville ISD Bay IBI Bond Program John Conley Architects Bellville, TX CSP $25,000,000 Summer Summer Superintendent Brad Hughes 2010 2010 979-865-3133 281-286-6605 New Construction & 413 S Tech St. 2200 West Loop S. Additions Bellville, TX 77418 Houston, TX 77027 Shauna Gagneaux SBWV Architects Pasadena ISD Michele Lam Pasadena ISD Pasadena,TX CSP $16,622,635 713-740-5350 713-622-1448 Queens Middle School June 2015 June 2015 1515 Cherrybrook Ln 2121 Sage Rd. Pasadena, TX 77502 Ste. 240 Houston, TX 77056 Kevin Fornoff Cre8 Architects Director of Facilities Roger Brownlow —Pasadena -ISD— August August —- P asadena ISD 713-526-2738 Pasadena, TX CSP $16,455,529 Keller Middle School 2014 2014 713-740-5350 3815 Montrose Blvd. I515 Cherrybrook to Ste. 123 Pasadena, TX 77502 Houston, TX 77006 BBA Architects Ben Flencher Citizens State Bank Local Contact President Brenham, TX April April Cory Flencher CMAR $442.3,Z02— ---TUT7— 979-596-1421 Additions R ----Z0T7--J 979-251-8844 Renovations I Vol.2007 PC S. Day St. 1702 S. Market St. — - R,.nh,, TY77Aqr 3. Proiect Experience PROJECTS RECENT COMPLETED P_r Komatsu City of Brenham Architecture Brenham Library Dan Rau Neil Bletsch Brenham, TX September September CSP $3,108,000 979-337-7407 817-710-1378 Renovations 2016 2016 200 W. Vulcan 3880 Helen St. Additions Brenham, TX 77833 Ste. 300 Forth Worth, TX 76107 Washington Cutright & County Healthy Living Allen, Inc. Washington County Center Dean Allen Healthy Living Center January January Brenham, TX CMAR $3,168,985 Toy Kurtz 979-968-6888 2015 201S 979-836-6552 111 E. Travis St. New Construction 1301 E. Tom Green St. Ste. 222 Brenham, TX 77833 La Grange, TX 78945 Grace Community Fel- PlanNorth Grace Community lowship Church Architectural Co. Fellowship Church December December Pastor Mike Rod Katie Burch CMAR $2,203,680 Brenham,TX 2016 2016 979-836-0078 979-421-8003 New Construction 107 S. Saeger St. 107 South Baylor St. Brenham, TX 77833 Brenham, TX 77833 Robert Rabe + Partners Westbrook Architects Milano ISD Milano ISDJanuary Superintendent Dale Rabe January Milano, TX CSP $4,263,000 432-940-7652 512-349-7173 2017 2017 Bond Campus Projects 600 N. Sur Street 4201 Bee Caves Rd, Milano, TX 76556 Bldg. C, Ste. 201 Austin, TX 78746 Mustang Wilson Mustang Caterpillar Caterpillar Architectural Group, Inc. Houston, TX November November Earl Calkins CMAR $4,997,S22 David Baker Additions & 2016 2016. 713-329-7703 713-621-8714 Renovations 12800 Northeast Fwy 5051 Westheimer Rd. Houston, TX 77040 Houston, TX 77056 Turner Duran BVSCU Architects, LP Brazos Valley School Yvonne Kersner Greg Turner Credit Union Summer Summer 281-644-3600 — CMAR, _ _ $3,651,198 —2017— —25525 -Katy -Mills-- 281-497-1040 — 2017-- 333 Cypress Run New Service Branch Parkway Ste. 350 Katy, TX 77494 Houston, TX 77094 Blinn College - Phase Blinn College The Arkitex Studio 2 Admin. Bldg. & Richard O'Malley Eva Read -Warden Student Center Reno. CSP $3,450,000 Summer Summer 979-830-4268 979-821-2635 Brenham, TX 2016 1 2016 902 College Ave 308 N. Bryan Ave. Brenham, TX 77833 Bryan, TX 77803 01. 3. Project Experience RECENT COMPLETED PROJECTS IE Harris County Randall West 1-10 Fire Station ESD 48 Porterfield No. 5 Frank Freeman Architects, Inc. October October Katy, TX CMAR $9,198,566 281-675-3639 Carrie Sheldon Admin. & Maintenance 2016 2016 22855 Franz Rd. 281-332-6680 Buildings Katy, TX 77449 565 FM -270 League City, TX 77573 J.D. Rice & Gardner Bellville ISD Higginbotham HVAC Replacement at BISD Director of Scott Fendrick August August 2BI-467-0080 4 Campus CMAR $2,677,500 Operations Bellville, TX 2017 2017 713-582-4562 6161 Savoy Dr. Ste. 1212 Renovations 413 S. Tech St Houston, TX 77036 Bellville, TX 77418 Edward City of Brenham Brenham Pet Associates, LLC. Dan Rau Adoption Center, September September Richard Edwards CSP $2960000 ,, 979-237-7407 Brenham, TX 2016 2016 713-621-1890 200 W. Vulcan New Construction 4544 Post Oak Place Dr. Brenham, TX 77833 Houston, TX 77027 Blinn College The Arkitex Studio Blinn College - Phase Richard O'Malley Eva Read -Warden 3 Building G Summer Summer CSP $599,422 979-830-4268 979-821-2635 Brenham,TX 2015 2015 902 College Ave 308 N. Bryan Ave. Brenham, TX 77833 Bryan, TX 77803 PlanNorth WCTractor Architectural Co. WCTractor 979-836-4591 Sam White Bryan, TX CMAR $2,953,401 June e 2015 June 2015 1889 Hwy 290 E. 979-421-8003 New Sales Facility Brenham., TX 77833 107 South Baylor St. Brenham, TX 77833 Trinity ISO Dave PlymaleSZH Jim Singleton Landsberry Elementary School January January Now Goliad ISO Architects Trinity, TX CMAR $1,268,000 20-14--936-594-3569 ____979_-779-5757___. Additions and 101 W. Jefferson 1711 Cavitt Ave Renovations Trinity, TX 75862 Bryan, TX 77801 Gresham,Smith, and Blue Bell Partners Blue Bell Creameries Creameries Paul Prazak Brenham, TX October October Paul Prazak 979-836-7977 Houston Distribution CMAR $3,372,000 2015 2015 836-7977 979-836-7977 2929 Allen Pkwy Center 1101 S. Blue Bell Rd.200 Brenham, TX 77833 va Houston, 77019 3. Project Experience RECENT COMPLETED PROJECTS T. CONSTRUCTION ECT BiLOCAT[ON 1DELIVERY 114�11 "Irv, METHOD AMOUNT -COMPLETION'PRO ki Madisonville ISO Goodwin Lasiter Madisonville ISD Keith Smith Strong Madisonville, TX December December 936-348-2797 Larry Lasiter CMAR $57 Phase 1, 11, & 111 ,805 2015 2015 718 Bacon St. 832-315-7526 2015 Bond Projects Madisonville, TX 4077 Cross Park Dr. 77864 Bryan, TX 77802 PlanNorth Citizens State Bank Ben Flencher Architectural Co. Snook, TX December December President Sam White Additions & CMAR $396,088 2014 2014 979-596-1421 979-421-8003 Renovations 2007 S. Day St. 107 South Baylor St Brenham, TX 77833 Brenham, TX 77833 Kevin Fornoff Pasadena ISD Director of Cre8 Architects 3 Gyms Additions Facilities 713-526-2738 Schneider, DeZavala, & CMAR $3,514,274 August August Pasadena ISD 3815 Montrose Blvd. Shaw Middle School Pasadena,TX 2014 2014 713-740-5350 Ste, 123 1515 Cherrybrook Ln Houston, TX 77006 Pasadena, TX 77502 Kevin Fornoff Directorof CreB Architects Pasadena ISO Facilities 713-526-2738 Tegeler High School CMAR $2,710,718 August August Pasadena ISD 3815 Montrose Blvd. Pasadena, TX 2013 2013 713-740-5350 Ste. 123 1515 Cherrybrook Ln Houston, TX 77006 Pasadena, TX 77502 MarkH.Freeman PlanNortb Woodland Oaks President Architectural Co. Church of Christ The Woodlands, TX January January 936-273-0010 Sam White New Auditorium & CMAR $4,261,193 2015 2015 7300 Crownridge Dr, 979-421-8003 Fellowship Center The Woodlands, TX 107 South Baylor St. 77382 Brenham, TX 77833 PasadenaISD Kevin Fornoff BayIBI South Houston Director of Facilities Architects Elementary School August August PasadenalSD Danny Brewster CSP $8,965,943 Houston, TX 2013 2013 713-740-5350 281-286-6605 Additions and 1515 Cherrybrook Ln 2200West—Loop S Renovations Pasadena, TX 77502 Houston, TX 77027 Rabe + Partners Dr. Cody Abshier Liberty ISO Liberty ISD Architects High School & Elemen- Dale Rabe tary CMAR $1,369,700 February February Superintendent 512-349-7173 Liberty, TX 20 13936-339-7213 4201 Bee Caves Rd, Renovations 1600 Grand Ave. Bldg. C, Ste. 201 Vol. e g. Liberty, TX 77575 Austin. TX 78746 4. Personnel TREANORHL Collier C O N S T R V C T t 0 COLLIER CONSTRUCTION: GENERAL CONTRACTOR Mike Collier. President PROJECT MANAGER: Larry Eder or Brad Gay ACCOUNTING SAFETY DIRECTOR CONSULTANT: John White and Associates SUBCONTRACTORS VENDORS SENIOR PROJECT MANAGER: Clayton Collier PROJECT SUPERINTENDENT: Jeff Tockett PROJECT COORDINATORS CONSULTANTS CONSTRUCTION -PROJECT -PERSONNEL: -I. _.. Assistant Superintendents and Laborers SUPPLIERS Vol. 17 e) Pg. 62 Education: Rice University, Houston Texas: Graduate 1978, BA Managerial Studies Years with Collier Construction: 34 See Lists of Projects. Additional Project Lists ova ilable upon request. Keith Smith, Superintendent of Madisonville ISD Jim Palmer, Burton ISD Superintendent (2011) Charlie Camarillo, Superintendent Somerville ISD Dr. Walter Pond, Former Superintendent, Rockdale ISD Dr. Ned Walton, Owner's Representative: Brenham ISD, Rockdale ISD, Snook ISD Ben Flencher, President, Citizens State Bank David Yeager, Former Superintendent, Brenham ISD Larry Lasiter, P.E., Good win-Lasiter Dale Rabe, Rabe+Architects Wade Zimmer, SZH Architects Voll 7 p9• �_ 936-348-2797 979-289-3131 979-596-2153 512-446-3236 979-229-4586 979-820-5449 979-830-2145 936-637-4900 512-349-7173 979-799-5757 Education: Texas A&M University Bach. of Science, Construction Management Minor, Business Administration Positions Held: General Superintendent, Estimator, Scheduler Certifications: OSHA 10 -Hour Construction Safety Course Associate Constructor, American Institute of Constructors, CPR Certified Years with Collier Construction: 15 Years Brazos County Exposition Center Additions, Renovations, and paved fairgrounds $9,716,559 {i�. �.�T'.fr{�il.�}i�s V'T��^„?;�.i'.^�•%N..'C'viT`i�J,4;�.kYa.$i'''fd.Y }✓."V%r'.`.i „"}`.�d!.t.it)�'dah`�.'iWk�i,�'.+.�; 2IF' .~V.i.3'. tfteT." �. 832-315-7526 V�zf�t..'t4w� •Y .�Yvk`a.k�, .}.v%' Bryan ISD Kemp Elementary & Carver Early Childhood Center Additions & Renovations $17,290,680 1SD New Intermeduate.School &,High School ��y.� » °, {k„�a +�� �"� "{ z $ � 7�t�.�$Z8 000 000x gRockdale s�»,�. �`4 Snook ISD Additions and Renovations $10,000,000 "�uu'kF'~ �.�°a:F a's•- a%hnus i�.kF il�e,t ac. ^k °'"wsaLia+. >✓ res h, a-ua bear ._a:3 ^a.'t^.�p"f,r ,`.-` ° �; �` r t `h.° m;~ � u„`.ti. "�*';' Brenham ISD Brenham Middle School Addufrons and Renovations &Alton Elementary School i r+a =,k,,$21382 000 Bryan ISD Arthur Davilla Middle School $21,308,023 `,�r"�`"ra ri# " "k s v [a ve 1 Pa zE,p - Klein ISD Early Childhood Pre K Center ' '4 P 'r" x V , a, } $8-1421001 and �° 4 r t z i.'� ffi ' *M79 2773700' - n'For ,Bte <r... .r %vnr'x .t.,e#.G: North Zulch: Cafeteria, Gym, and Classroom Bldg. $5,919,738 its 5° ? s"+,VY4 ? >r s y F'k `z.t's 'w? t✓k@ Y S i ,F r.%Y s "JRn3 000 Porter High School? 56 000' 979-251-2280 New Caney ISD 2004 Bond Projects $89,700,000 jriYW 4'✓},f�.;.V 8. 3 3"Vii ✓ i ,$ { 1 Y eylSD 2006`<$49 Bond iNew CanBond Proi«ts } 4f 600 000, Blue Bell Creameries Building Program xBdie t', %eg6:4b f g.1 ' w,'eh Nc N Studei�tFHoustng Facu�IrtyrMiisrc Birdd�'g AgyShop�n�t ~a b$32,000,000 ` `,a 8311002,. ;Bh.Co�lege Buil�dng�t�rogrsani �^ „�� `� x�$�15 Madisonville CISD : Elementary, Intermediate, Jr. High Band Hall, CATE & Autotech, & High School $17,057,767 Larry Lasiter, P.E., Goodwin-Lasiter 832-315-7526 CaGleYkd� 80506' ?1Effia3Gr4l4 3na°sL' ...'SNt'X15uhh.;,Fatsp.� Dr. Ned Walton, Owner's Representative 979-229-4586 ,JonJonForsythe Brenham ISD' th ffi ' *M79 2773700' - n'For ,Bte <r... .r %vnr'x .t.,e#.G: .. •= e,.3 .v?'R.'ca 'fi,Gk,Si Paul Prazak, Blue Bell Creameries 979-251-2280 Positions Held: Project Manager, Superintendent Certifications: CPR Certified, Equipment Certification Years with Collier Construction: 22 years as a full time, employee Construction Experience: 40+ Brenham Bond Projects, Middle School & New Elementary, Brenham ISD $23,000,000 Houston City Jail, Additions and Renovations Sam W. Houston Elementary School, Huntsville ISD Various $7,642,000 J L Lyons Elementary $8,500,000 Citizens State Bank, Somerville Citizens State Bank, Brenham $4,520,000 $1,395,277 Brazos Valley Schools Credit Union - New Service Branch Katy, TX $3,651,198 John Conley, Former Superintendent, Bellville ISD 979-865-9949 Education: Southwest Texas State University Positions Held: Years with Collier Construction: Construction Experience: Brenham ISD: Brenham Bond Projects OSHA 1.0 -Hour Construction Safety Course CPR Certified Superintendent 14+ 30+ $23,000,000 Milano ISD: Jr. High Additions, Elementary Multi Purpose, Vo -Ag Building $4,236,833 nn fantar -Cmmn IncanhSrnttA Detention Facility—Lancaster County 150,000+ SF Brazos ISD Wallis High School $4,500,000 1'-�1'� b �4.. u x F �a North ZulchISDHigh School Addition and Gymnasium'. } k = �$4�500;000; Bastrop Convention Center $3,748,000 Bellville 1SD ec Th Building $2,828;085'. Citizens State Bank, Somerville $4,520,000 �.'3sr�'xs References k� , Robert Westbrook, Superintendent of Milano ISD 432-940-7652 John Conley Foi mer Su perihtendent BISD ti,�. �r5 �r. 8 ,k979 865 9949: ;a� r a ti i'"�±ti-rX Z"' Dale Rahe Rahe+Pnr[nPrs VOI. �L= Pg. 512-349-7173 5. Bond and Insurance Information Bonding Capacity- See enclosed Surety Letter Bonding Company reference(s) Bond Company: Liberty Mutual 2423 Arbor Drive Round Rock, Texas 78681 In Care of Bond Company Agent: Edward Arens,'Cechnical Assurance 29811 Interstate 45 Suite #101 The Woodlands, Texas 77381 281-296-9998 Collier Construction has had the Borne bond company agent for over 30 years. Please see the follow- ing letter from Liberty Mutual, and feel free to contact Ed Arens cis a reference. Insurance Coverage - Please see the following insurance certificate. Brazos County Exposition Center Bryan, Teras + Vol. E'g. 0 7 i 5. Bond and Insurance Information Liber Mutual. SURETY Allen S. Knepper Contract Sr. Underwriter 13=01 Northwest Freeway, Ste. 810 Houston, TX 770403 71.3.74:.1756 866547.6203 February 2.i, 2018 Brazos Counts' 200 South Texas Avenue, Suite 352 Br}.an, Texas 7!803 RE: Collier Construction, LLC Expansion of Juvenile Detention Facility To \'r''hom it May Concern: We are pleased to confirm our surery bond reladonslvp with Collier Consttvction. We consider Collier Construction a valued bond elicit and hold them in our highest regard. Liberte' Mutual Insurance Company has not set a firm maximum single job limit but can confirm support for Colficr Construction on single projects up to the S60,000,01C range. Similarly, we have not established a firm maximum aggregate limit but have supported programs up to the SI00,M0,000 range and would be willing to consider higher single and aggregate programs subject to our normal and customary underwriting and risk selection criteria. At present Collier Construction has an available remaining capacity in excess of $70,000,000. Over it's more than 34 years in business Collier Construction has developed an impressive portfolio of successfully completed construction management, general contracting, and LEED projects for both public and privatee owners including K- 12 schools, higher education facilities, religious facilities, nwmeipal/govcrnment buildings, financial institutions and more in the Southcast Tcxas and the Brazos Vallcy area. Further, during our tenure as surety, Collier Constriction has satisfactorily completed all obligarions under the mans performance and payment bonds issued on their behalf. Thcse bonds represent many millions of dollars in construction value. This letter is intended to be a bonding reference. It is not an assumption of liability, nor is it to be construed as a bid, performance or payment bond, Liberty Mutunt is licensed to do business in the State of Texas and has an A.M. Best rating of A (Exccllcnt), Size Group KV and has a Treasury Listng in excess of S1,387,85G 000. Their home office address is 175 Berkeley Street, Boston, MA 02117. Ficase feel free to contact tis with any questions you may have regarding our relationship Keith our client. Sincerely, // 19 Vol. Pg. �=— THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Collier Construction, LLC P. O. Box 1889, Brenham TX 77834-1889 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 10713 W Sam Houston Parkway N., Suite 650, Houston, TX 77064 a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto Brazos County as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Expansion of Juvenile Detention Facility, RFP No. 18-097 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee rltayJR,clood faith contract with another party to perform the Work covered by said bid, then this obligation shall be ngll,ti ltycdd,I � rwise to remain in full force and effect. ;' Ep L/ C 11 Signed and sealed this Michele Bonnin 27th day of =0 AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS 1735 N.Y. AVE., NAV., WASHINGTON, D.C. 2000fi Lyfol. 4� / 0 Pg. � 09 _1 r (title) (Ti6e) THISPOWER OF ATTORNEY ISNOT VALID UNLESS IT IS PRINTED ON RED. BACKGROUND. - This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the. extent herein stated.. Certificate No. 6521480 American Fire and Casualty Company. Liberty Mutual Insurance Company The Ohio Casualty Insurance.Company West American Insurance Company -POW ER OF ATTORNEY `KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of - :the State of New Hampshire, that Liberty. Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts and West American Insurance Company isacoryoration_duly organized underthe laws of the Stafedf lndiana(her.reln collectively called the "Companies'), pursuant to and authority herein set forth, doesherebyname, constitute - - -and appoint, Edward D.=Arens: Erica A Cox: Jlllian Mcl<eriiie: Michele M* Bonnin• Philip W Baker - - - - all of the city -of. The Woodlands state -of - each individually: if there be more than one named, its true and lawful attomey-in-fact to make, ekecute seal, acknowledge -. _ .. .., aptl deliver, for and on its behalf as surety and as its"act antl�deed; any and all undertakings bonds, recognisances and other surety obligations; in pursuance of these presents and shall - ibe as binding upon the Companies as if have.heen duly signed by the president and attested by the secretaryof the Companies in theirowgproper persons `- IN WITNESS VVHEREOF this Power of Attorney cas been subscribed by an authonzed officer or official of the Companies and the corporate seals of the Companies have been affixed 'thereto this am day of April :' Zola - _ > AmencanFire and CasualtyCompany The Ohio _Casualty Insurance Company : m 1� ( t - 1 ICi/< ; : Llberty Mutual Insurance Company or - West AmencanlnsuranceCompany N ,STATE CF PENNSYLVANIA - - '-David M Care ,Assistant Secretary - : ss ..m'.COUNTY OF; MONTGOMERY rM rs - !r iyrr� 1jname and affixed my notarial seal at Plymouth Meeting; P� YaQ @�.�: G03A nNYlhaLlH UL• cYY Yt va cgnizances and other surety obligations: Such attomeys-in-fact subject to the limAations set forth in their respe eir signature and,execu{ien of any such: instruments and td attach thereto themal Ne Corporation, _VJu dent and attested lb by the Secretary. Any power or.aulhonly.granted to any representative or attomey-lin-fact r ie,Chairmad the President or by the officeror officers granhng such power or aulhonty d Undertakings Any officerof the Company authonzed for Ihat purppse In wnfing by the chairman or the presi scuba, shall appoint such attorneys in -fact, as may be necessary to act in behalf of the Company to make, am ids, recognizances and other surety obligations Such. attomeysin-fact subject to the limitations set forth in executed such instruments shall be as binding as if signed by the president andaftested by thesecretary en Cedifcate of 6esignabon The President of the.Company actinggrpursuant to'the Bylaws of the Company, authdnzes David M. Carey Assistant Secretary to appoint such attorneys -in ~ .fact as may be necessaryto act onn-behalf of the Company to make execute seal, acknowledge and deliver as surety any and all undertakings, bonds recognizances and other surety oNigations.; :Authonzahon '.,13y unarnmbus consent the Gdmpanys Board of Difeclors the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of Ihe .:Company `whereverappearing open a cedifia copy of any power of attomey issued by the Company in connection with surely bonds shall be dalid and binding upon the Company vnth the same force and effect as though manually affixed -l;Gregory W _Dayenpon the undersigned Assistant Secretary, of American Fire and Casualty Company The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company and .=WestAmedearrinsuranceCompan-y do hereby.cer(ifyAhal -the original power oFattomey o(which the foregoing -iso full True and correct copy9fithefowerof Aft may executed by said . Companies is in full force and effeci and' as not been revoked .:IN TESTIMONY WHEREOF have hereunto set my hand and affixed the seals of said Companies this _Ub day of = -Fehr aro , iLl�_4 r H i�:•ntjµ� _ By - GregoryW Davenport Assistant Secretary — f t Libert� Mutiialo SURETY TEXAS IMPORTANT NOTICE To obtain information or make a complaint You may. call toll-free for information or to make a complaint at 1-877-751-2640 You may also write to: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Devartment of Insurance. TEXAS AVISO IMPORTANTE Para obtener information o para someter Una queja: Usted puede llamar al numero de telefono gratis para information o para someter Una queja al 1-877-751-2640 Usted tambien puede escribir a: Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.eov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de information become a part or condition of the attached y no se convierte en parte o condition del document. 0-/..__, NP 70 68 09 01 Client#: 47486 COLLICON2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE2123312018/2018 YY 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Joyce Hinze_ The Nitsche Group PHONE 979 540.2240 FAX AIC No Ext : AJC No): 143 East Austin E-MAIL o ceh thenitsche rou com ADDRESS:) Y 9 p• Giddings, TX 78942.3299 INSURER(S) AFFORDING COVERAGE NAICN 979 542.3666 INSURER A: Nan bnalTmarI^.aam-Company 20141 INSURED Collier Construction, LLC P. O. Box 1889 Brenham, TX 77834 INSURERS: Feel insurance Company 10178 pa^Y INSURER C: IDaH,novo„naa,nnenev„ 22292 INSURER p Indian Ha,EnrlasunnaeCompany 36940 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRL WVD POLICY NUMBERBF MMIDIpY EFF MM(POLICY LIMITS A X COMMERCIAL GENERAL LI ABILITY CPP00216273 121151201712/151201 EACH OCCURRENCE $1000000 CLAIMS -MADE IX OCCUR PAM MISES� a NT,u,Ea,. S1.001000 X PD Ded:2,000 MED EXP (Any one person) $5,000 PERSONAL B AOVINJURY $1,000,000 GE N'L AD GREGAT E U MIT APPLI ES P ER: GENERALAGGREGATE $2,000,000 PRC- POLICYLX JECT D LOC PRODUCTS -COMP/CP AGG 62,000,000 OTHER: S B AUTOM091LE LIABILITYCA10000792102 2/15/2017 12/15/201 ED ... l deentSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accident) S X X NON-OVMED PROPERN DAMAGE S AHIRED UTOS ONLY AUTOS ONLY Per accident S A X UMBRELLA LIAB X I OCCUR, UMB10001945601 12/1512017 12/15/2018 EACH OCCURRENCE S5.0001000 EXCESS LIAR CLAIMS -MADE AGGREGATE $5.000,000 DED X RETENTION $10000 S B WORKERS COMPENSATION WC000035723 1211512017121151201 X IMULE OTH- AND EMPLOYERS' LIABILITY YINE.L. ANY PROPRIETOR/PARTNER/EXECUTIVE EACH ACCIDENT 51000000 OFFICEWMEMBER EXCLUDED? �NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE 51,000,000 If yes, describe under OE SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 51,000,000 C Builder's Ri IHD241046312 1211512017 12/1512019 $5,000 D Pollution & PECO02542610 1211512017 12/151201 $1,000,0001$25,000 Ded Professional $1,000,0001$25,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Re: Expansion of Juvenile Detention Facility Owner: Brazos County Purchasing Department, 200 South Texas Ave., Ste. 352, Bryan, TX 77803 As per policy provision, Certificate Holder is listed as additional insured in regard to the auto and general liability policies as provided by blanket additional insured endorsement when required by written contract. A blanket waiver of subrogation endorsement is provided to the Certificate Holder in regard to (See Attached Descriptions) Brazos County Purchasing Office 200 South Texas Avenue Suite 352 Bryan, TX 77803 Vol. Pg. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S745625/M743065 066 the auto, general liability and workers compensation policies as per policy provision when required by written contract. As per policy provision the general liability policy contains an endorsement with Primary and Noncontributory wording. General liability, auto and workers compensation policies include(s) a 30 Days Notice of Cancellation endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment of premium, or direct cancellation by named insured as per policy provision. TTA 25.3 (2016103) 2 of 2 #57456251M743065 Vol. _�- r p9 ��,� POLICY NUMBER: CA' 050- 192'_-0t COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Names) Of Person(s) Or Organization(s): Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the bodily injury or property damage occurs and that is in effect during the policy per od Information required to complete this Schedule, if notshown above, will be shown in the Declarations, The Transfer Of Rights Of Recovery Against Others To Os condition does net apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the .accicent" or the "loss" under a contract with that person or organization. Vol. CA 04 44 10 13 0 Insu•ance Services Office Inc., 2011 ^~ Page 1 of 1 POLICY NUMBER: CA10pOC7921-02 COMMERCIAL AUTOMOBILE CAU 042 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRIMARYINON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any otner provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II A 1 Who Is An Insured is amended by adding the following: 1. Any person or organization designated in the schedule below is an "insured" for Liability Coverage but only to the extent that person or organization qualifies as an "insured" under the Vdho Is An Insured Provision contained in Section II of the Coverage Form. 2. This insurance is primary and non-contributory to other coverages of [tie person or organization shown in the Schedule when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. SCHEDULE Name of Person or Organization: Any person or organization who is required under a written contract or agreement between you and that person ui organization, that is signed and executed by you befo a the bodily injury or property damage occurs and that is in effect during the policy period. i CAU042 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2013 FCC] Insurance Group. Policy Number: CA1 0000792102 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT T -is endorsement modifies insurance provided .ruder the following: BUSINESS AUTO CCVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by seoarate endorsemont(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsemelt, the provisions of 'he Business Auto Coverage Form apply unless modified by tats endorsement. Tie Business Auto Coverage Form is amended as folows: SECTION If —COVERED AUTOS LIABILITY COVERAGE is amended as `ollows: A. Paragraph 1. Who Is An Insured .n section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, 'insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an 'insured" under such a policy but for its termination cf the exhaustion of its limits of insurance. In order for such subsidiaries to be considered Insured under tris policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organizatiol you newly acquire or form during ,he policy period, other than a partnership or joint venture. and over which you maintain sole ownership or a majority interest. However. coverage �ndar this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but to, its termination or the exhaustion of its limits of insurance, (2) Does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. L Any person or organization who is required under a written contractor agreement between you and that person or organization. that is signed and executed by you before the "bodily injury' or "property damage' occurs and that is in effect during the policy period, to be named as an additional insured is nn "insured° for I lability Coverage, but only for damagas to which this insurance applies Rod only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section It. g. Any "emp oyee" of yours using. (1) a covered "auto" you do not own, hire or borrow, or a covered 'auto' not owned by an'employea" or a member of his or her household, while performing duties Mated to the conduct of yo.rr business or your personal affairs; or =adto" hired -or -rented- under-a-contract-or-agreement-in-that=employees name, -with -your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under tliis paiagiaph (2) while usitg a covered 'auto' rented from you o- from any member of the "employee's' household In. Your members, if you are a limited liability company, while using a covered "auto" you do not own. hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B, Paragraphs (2) and (4) under section 2. Coverage Extensions, a, Supply egtary Payments are deleted and replaced by the following: V6 / �D P CAU 059 (01 15) Includes coowehted material of the Insurance Services Othce Inc with its peimissiog Pane 1 o' 4 Policy Number: CAI 0000792102 CCIAMERCIAL AUTO CAU 058 (01 15) (2) Up to 53,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incu-red by the "insured" solely at our request, including actual loss cf earnings up to $500 a day because of time off from work C. Paragraph b. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a -'ellow "employee's' employment or white perfornirg duties re'ated to :he conduct of your business. However, this exclusion does not apply to your 'employeesthat are officers or managers if the "bodily injury" results from the use of a covered `auto` you own, hire or borrow. Coverage is excess over any other collectible Insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows. A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by tie following: 4, Coverage Extensions a. Transportation Expenses We will pay up to $75 per day to a total maximum of $2.000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered 'autos" for which you carry ether Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginnirg 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its 'less". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement- 'Ale will pay for loss of use expenses if caused by: )1) Other than collision only f the Declarations indicate that Comprehensive Caverage is provided for hired "autos"; (Z) Specified Causes of Loss only If the Declarations Indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one veh cle is $75 per day, to a total maximum of $2,000. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment. it; contents, or occupants from a covered cause or lass, we will pay up to S1,000 for your liability for fhe department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. d. Auto Loan)Lease Gap Coverage fhe following provisions apply: (t) It a long term leased "auto', under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" s named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments inclucing penalties, interest, or other charges resulting from CAU 058 (01 15) fnn.:nrles rnpyughtedmalerial of the Insurance Services Office, Inc. with i1s permission. Page 2 of 4 ,. �. ,.". � Policy Number: CA10000792102 COMMERCIAL AUTO CAU 058 (01 15) overdue payments at the time of the "loss"; (b) Financial penalties impcsed under a lease for excessive use, abno,mal wear and tear or high mileage; (c) Security deposits not refundec by the lesser, Jul) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto' under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to tie covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of The policy; and less any; (a) Overdue loan payments at the time of the "loss'; (b) Ccsts for extended warranties, Credit Life Insurance, Health Accident or Disability insurance purchased with the Ican; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions 's deleted and replaced by the following, 3. We will not pay for loss' due and confirmed to: a. Wear and tear, freezing; mechanical or electrical breakdown b. Bowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered 'auto" However. this exclusion does nct include the discharge of an airbag in a covered 'auto" yoi own that inflates due to a cause other than a cause of "lass" set forth in Paragraphs A.1.1b and A.1.c.aut only: a. If that 'auto" is a covered "auto' for Comprehensive Coverace under this policy, b. The airbags a -e not covered under any warranty; and c. The airbags were not irtentionally inflated We will pay up to a maximum of $1.000 for any one "loss" - D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto', our obligation to pay for, repair, return or replace damaged or s:olen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does riot apply to: (1) "Loss" caused by fire or lightring; and (2) "Loss" arising out of theft of your'vehicle if your vehicle is equipped with an active GPS tracking system. (3) Glass damage to the side or rear windows if the glass is repaired rather than rep aced. However, no deductible shall app y to damage to the windshield of any covered "auto" or to safety glass. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: - --- A•—The-following-is-added-to-paragraph -ar-under-section-A-Loss-Conditions-2-Duties--in-the-Event-of- Accident, Claim, Suit or Loss: Th.s duty applies when the "accident", claim, "suit' or "loss is first known to (a) You, 'rf you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or CAU 058 (01 15) Includes uopyrighted material of the Insurance Wirvvices Office. Inc, with its Dermisslon Pace 3 of 4 !/o/ �P9� Policy Number: CAI 0000792102 COMMERCIAL AUTO CAU 058 (01 15) (d) A member or manager, if you are a limited liability company. B. Condition S. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions s deleted and replaced by the fohowing: S. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must co everything necessary to secure our rights and must do rothing after "accident" o• 'loss' to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a leder of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver. we waive any right of recovery we may nave under this coverage form. C. Tho following is added to Condition 2. Concealment, Misroprescn(ation or Fraud under section B. Gencral Conditions: However, if you unintentionally fail to disclose ary hazards at the Inception of your policy, we will not deny coverage under this coverage form because of such faiure. This provision does not affect our right to collect additional premium or exercise our right of canceltatioi or non -renewal. D. Paeagraph b. of Condition S. Other Insurance under section B. General Conditions .s celetec and replaced by the following: b. For Hired Auto Physical Damage Coverage, the i are deemed to be covered "autos" you own, (1) Any coverea "auto" you lease, hire, rent or borrow: and (2) Any covered -auto' hired or rented by your "employee" under a contract in that irdividual "employee's" name, with your permission, while performing duties related to the oond=, of your business. However, any "auto" that is leased, hired. rented or borrowed with a driver is not a covered 'auto", nor is any 'auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liahility company), or members of their households. Vol. __..e� '— P9• `��% CAU 056 (df 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2015 FGGI Insurance Group Policy Number: CPP00216273 COMMERCIAL GENERAL LIABILITY CGL 121 (04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT — ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. 1 Vol./ % pg_ Page 1 of 3 ���— Policy Number: CPP00216273 COMMERCIAL GENERAL LIABILITY CGL 121 (04 13) With respect to liability of the additional insured for "bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance. 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions Is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and Vol. , ,�0 pg. O1, 4;`/ Page 2 of 3 Policy Number: CPP00216273 COMMERCIAL GENERAL LIABILITY CGL 121 (04 13) 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or 'suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. Vol.__� / U_ pg, � Z Page 3 of 3 Policy Number: CPP00216273 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. von. Pg. �.a/' CG 24 0410 93 Convriaht Insurance Services Office Inc 1992 Paae 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 1-94) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: Any person or organization when required by written contract Per schedule on file with FCCI 2435 N Central Expy Ste 1000 Richardson, TX 75080-2736 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 12/15/2017 Policy No. WC00003572 3 Endorsement No. Insured Premium Collier Construction LLC Insurance Company Countersigned by FCC[ INSURANCE COMPANY WC 420601'/ (Ed. 1-94) y Vol. �� D P9. 2Y' WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to Premium Calculation Page This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/15/2017 Insured Collier Construction LLC Insurance Company FCCI INSURANCE COMPANY Policy No. WC0OD03572 3 Countersigned () WC 42 03 04 B Vol. pg. (Ed. 6-14) Endorsement No. Premium INCLUDED 6. Collier Safety Program Collier Construction prides itself on the safety and well being of our most valued asset: our peo- ple. Please take a look at the letter outlining our program from our safety and health consultant, John White, which explains our current safety policy, and our current OSHA Record showing 0 accidents. We are also including our Statement of Safety Policy as well as the Table of Contents from our current Safety Manual. With such items in place, clients can rest assured that their General Contractor is actively work- ing toward a safe environment for everyone involved. Collier Construction's safety program is making a difference. Throughout the past 9 years, we have had 9 "surprise" OSHA inspections, and have not received a single citation. Collier last 5 (five) years of OSHA Form 300A. This form lists all lost time accidents. Please see the following forms Collier last 5 (five) years' Experience Modifier Rate (EMR). WORKERS COMPENSATION MODIFIER 2018-.68 2017-.75 2016-35 2015-.75 2014-.75 Vol. %U 6. Collier Safety Program: OSHA Records OSHA's Form 300A left G1,3 Year201 6 Summary of Work -Related Injuries and Illnesses ��� 4® — eemp�.•burYM L'cvCF.Fh2>n6 JL/Fs':9Gn..dcurC:M1Yix S:n•mYA�X.enJm.gl+`.(C1)IV+'3 mSn�ie Fvlrt90.up r.Yf�. 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M Ia1Pofsodngr--�— Is)fearing Ion O IL Skindi»rdan ISI NI abv Rbnrn IT Rnprnbrywndidons Q Iva[ qb Srnimurypalahmn lMar]y f lepprR ]0 a/geyearfWwgp Vn yrr rvwmd M V+fnma Iue4gvuex.e.ary OevYmJNvvmurWONunryrrenmu.ormpw.u.LLeewu.rwLLrra•ce naJeNpa•.Meu W.l ma grY\reN ��aem.Yxbmw Nmw.xrgW erepauYn WYrva d+6mueesly.u4yLnrmmtlr'•anYEmeNw.Ox Yrr•e..erq -Y^Ax^P^•d�y y'•^Snq^'•a[ V[Ihry®r+Y1.A..nIrYe1[w J]avYAuAu.Ia XiW.Km�reMrxaxN. wwa..ocwnm.:.xrm�NLra .ar.. I W uwl Oxrpmn LS. A Lrafnun �fuu wt nJml fvWud INupul (b4riouin PlCj.Jlvwn 4[.nln NartlrMsrcalnl.viil(Yu'dewnl•'aA1GSI. JIm+ck6.]IAtl:l A3.1 2LZ EmplonrnM binrnullen 11lptmlAinevFAunnd xw+•n. a[ ver,ym pp. o nLw.J ^ AweJnmRmurS.Nmpk.m .SA y llwn.m.rtlb Awr{v i%% SrRn Mn Itnwinglr faLlflleQrh4dxumm[mey nmlr W .lme. IrcrWy Jnrllureeavninrd rM1idaumnrvd rhnm0¢6euuriiry marta� roa ends rm m., acro nn, me mrnRlem. I a� 6. Collier Safety Prop -ram John E. White 8& Associates 832-201-8600 (tax) jewhite a*hawus.com 713-248-4475(eell) Assist In Resolving Compliance Issues Consulting — Training— Program Development Federal, State &Local Req. Facility Reviews PO Box 1788, Montgomery, TX 77356 High Quality Low Prices Loss Control & Risk Management 936.448-1539 (Houston Metro) OSHA, EPA, DOT & Fre Code Assist. COLLIER CONSTRUCTION Safety Program Information Subject: Safety Consulting Services for Collier Construction I am the owner of John E. White & Associates. We are a safety consulting firm. Collier Construction has been one of our clients for over 5 years. We serve as the Safety Coordinator and Safety Officer for Collier Construction. We reviewed, updated, and developed their written safety and health programs and placed these programs in a safety and health manual. This manual is routinely reviewed and kept up-to-date. We assist Collier Construction with the program implementation and continuously monitor for program effectiveness. A copy of the Statement of Safety Policy is included along with the Table of Contents for our Safety Manual. Collier Construction has a very low accident I injury rate. The company safety and health manual along with MSDS (Material Safety Data Sheets) information is readily available at each jobsite. We require that each subcontractor to Collier Construction provide a copy of their safety and health programs with their MSDS information. The above information is placed in a designated area of the construction trailer. This allows all subcontractors and their employee's ready access not only to information on the hazards of materials they use, but also hazard information on the materials used by other subcontractors working in their area. One key factor in providing a safe workplace is a clean work environment. All subcontractors are required to clean their work areas daily and at other times as may be needed. Collier Construction also provides routine area clean up. Each Collier Construction superintendent's primary task is the "SAFE" completion of each task in a timely and efficient manner. Each superintendent will frequently each day walk-through the construction site. In addition to basic management and construction issues, he will visually inspect each activity for safe work procedures. When problems are identified, immediate corrective action is initiated. As may be needed, personal protective equipment (PPE) is required to be worn. Fall protection issues are a primary concern. John E. White & Associates provides monthly jobsite safety inspections. During these inspections, safety issues or concerns are identified. We then require the subcontractors to respond back to Collier Construction indicating the actions taken to correct the problem and prevent a recurrence. In addition, to the inspections we also provide a monthly safety meeting to the Collier Construction employees on each jobsite. These safety meetings cover all aspects of safety on the jobsite, and include topics from scaffolding and fall protection, to safety with hand tools. CPR and first aid training has also been provided to all I obsite superintendents. If you have any questions or desire additional information, please feel free to contact our office L 6. Collier Safety Program Collier Construction STATED+ NT OF SAFETY POLICY Effective Date: February 2001 The safety and health of each employee is the highest priority of Collier Construction. No job is so important that we can not take the time to perform the work safely. The concept that all accidents are preventable must be an integral part of each activity in the work place — from initial planning to final execution. To the greatest degree possible, management will provide all mechanical and physical facilities required for personal safety and health in keeping with the highest standards. Safety and health in our business must be a part of every operation. Without question it is every employee's responsibility at all levels. It is the intent of this company to comply with all laws. To do this we must constantly be aware of conditions in all work areas that can produce injuries. No employee is required to work at a job he or she knows is not safe or healthful. Your cooperation in detecting hazards and, in tum, controlling them is a condition of your employment. Inform your supervisor immediately of any situation beyond your ability or authority to correct. If the situation is not corrected to your complete satisfaction, please call me at 979-836-4477. The situation will be evaluated and appropriate corrective action will be taken. We will maintain a safety and health program conforming to the best management practices of organizations of this type. To be successful, such a program must embody the proper attitudes toward injury and illness prevention not only on the part of supervisors and employees, but also between each employee and his or her co-workers. Only through such a cooperative effort can a safety program in the best interest of all be established and preserved. I am committed to allocating and providing all the resources needed to promote and effectively implement the safety policies and procedures provided in this Safety and Health Manual. Our goal simply stated is "Zero Employee Injuries". Each employee needs to personally commit to continuously working safely and to the prompt reporting of identified concerns so that these concerns can be effectively addressed. Accidents are caused; they don't just happen. Only by working together can we truly reduce and hopefully eliminate accidents, injuries, and employee suffering. Our objective is a safety and health program that will reduce the number of injuries and illnesses to an absolute minimum, not merely in keeping with, but surpassing, the best experience of operations similar to ours. Our goal is zero accidents and injuries. Only by working together can this be: accomplished. Please join us in our commitment to safety. Your support of our goal will help Collier. Construction obtain a reputation of having the highest safety standards in the industry while providing the safest working environment for our employees. Mike Collier, President Collier Construction Vol. ��� P9• �� 6. Collier Safety Program: Quality Control Plan QUALITY CONTROL PLAN All members of the team participate in the quality control effort. Provide coordination and management of subcontractors. Review subcontractor personnel for experience, track record, and team concept. Project managers Superintendents Foremen Implement "TEAMWORK" program with the subcontractors. Establish chain of command and communication protocol. Sub -> Contra ctor->Architect--4 Owner Establish quality requirements and standards. Review sequence and schedule. Identify accounting requirements. Review insurance requirements. Review safety and security policies. Sequence subs schedule in an orderly fashion to avoid conflict with other trades. Emphasize teamwork and smoothness of operation. Listen to all subcontractors input and concerns. Subcontract with the best possible vendors and subcontractors. Area considerations: local preference, if desired by the Owner and Architect. Consider maintenance/warranty record of subcontractors. Track records. Financial capability. Personnel proposed. Provide (as much as possible) self performance. Best possible time control method. Minimizes waiting time, particularly of our area subcontractors. Quality issue under total control. Provide 3 supervisory personnel involved in project (General Superintendent, Project Manager, Super- intendent.) A representative on site at all times. Can cover entire project better at peak times. Supervisor still in field during meetings, vacations, and sick days. Establish a reasonable schedule. -Review-schedule-weekly with -project -superintendent.------------ --- Determine ith-projectsuperintendent------------- Determine corrective action if necessary to reach goals. Review schedule with each subcontractor weekly Review schedule at monthly project meeting Identify RFI's and impact upon schedule Weather factors Review submittal process and impact on scheduleV� P9. �3 _` — 6. Collier Natety Program: Quality controls Fan Establish fair and reasonable procedures to carry out the work. Establish jobsite organization including work and storage areas. Maintain a daily log for jobsite record. Provide general conditions to meet project requirements. Prepare and issue project modifications and contracts. Monitor construction cost and projections. Prepare and maintain cash flow projection for owner if requested. Monitor and maintain quality control. Provide and monitor overall progress daily. Provide shop drawings and submittal control. Equipment and material control. Prepare billings and progress payments. Pay all subcontractors on time. Prepare agendas and conduct weekly safety and progress meetings. Implement special considerations and manage properly. Facilitate testing laboratory services - soils, concrete steel, mechanical, etc. Consider owner maintenance requirements - current & future. Take into account surrounding neighborhood, social situation and environmental impact. Legal requirements. Existing structures and facilities. Natural condition of ground and peripherals. Long lead time - special fab items and schedule impact will be prioritized. Ensure quality management program of subcontractors Approve only shop drawings that comply with plans and specifications. Submit for A/E review only after approval by G.C. Implement policies or requirements on equal opportunity. Project Post Construction Services Provide operating and maintenance manuals. Secure and assemble warranties or guarantees. Provide check out of equipment Instruct operating personnel in equipment operating and maintenance procedures. Assist in start up of equipment. Conduct final walk through and responsive punch out. Implement close out procedures. Final releases Consent of surety Final payments Final lien waivers Allowance summaries. -- - ----- Assist enforcement of warranties-or-guarantees.----- Build arranties-or-guarantees - Build the reputation of Collier Construction and start a positive working relationship with Brazos County. F-7 7 � pg• o�,Jv � 7. References 979-277-3700 Jim Palmer Burton ISD Former Superintendent 979-289-3131 Blinn College New Student Housing Kemp Carver Elementary, Bryan ISD Brazos County"Exposition Center ��// Vol. - %� v Pg. _. °t AGREEMENT FOR CONSTRUCTION OF JUVENILE EXPANSION RFP # 18-097 BRAZOS COUNTY, TEXAS Page 1 74) Vol. P9. -91, 7-1. TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Page 2 VOL�U _ Fla..23! _f AGREEMENT FOR CONSTRUCTION OF THE EXPANSION OF THE JUVENILLE JUSTICE FACILITY This Agreement for the EXPANSION OF THE JUVENILLE JUSTICE FACILITY, Brazos County, Texas, in the amount of SEVENTEEN MILLION, THREE HUNDRED NINETY-NINE THOUSAND DOLLARS ($ 17.399,000.00 1, is entered into this _13th day of March 2018 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Ste. 352, Bryan, Texas 77803, and COLLIER CONSTRUCTION LLC (hereinafter referred to as "Contractor"). The EXPANSION OF THE JUVENILLE JUSTICE FACILITY is hereinafter referred to as the "Project." The Arch itectfEngineer for the Project is the firm TreanorHL Architects and is hereinafter referred to as "Architect." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), all documents included in RFP # 18-097, contractor response, contractor's letter dated 3/6/18 and the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub -paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatible electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Architect or Architect's consultants; (2) between the Owner and a Subcontractor or Sub—subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.2.1 SUMMARY OF THE CONTRACT PRICE: Contractor's price schedule, Exhibit E, indicated a best and final offer of _ SEVENTEEN MILLION, THREE HUNDRED NINETY-NINE THOUSAND DOLLARS ($_17,399,000.00) inclusive of Page 3 _the base bid and alternates one through eight_. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the EXPANSION OF THE JUVENILLE JUSTICE FACILITY in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: GENERALLY, the Project consists of the "Selective renovation and addition to an existing 43,000 GSF one-story juvenile detention facility. Renovation of approximately 11,400 GSF of the existing facility and an addition of approximately 37,450 GSF. The project will be built in multiple phases as indicated with in the documents. The project includes secure detention housing and program areas, secure educational areas, offices, and a new staff -secure educational facility." Owner and Contractor have further agreed acceptance of the following: all items contained in ADDENDUM ONE, TWO AND THREE and letter from Collier Construction dated March 6, 2018 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined either place shall have the meanings commonly attributed to them by the particular trade involved. Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Page 4 vol. �2 Yd Pa. _ 39 Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work calculated from the date of signing of this Agreement until Substantial Completion as defined under Article 9.8. .6 Day: A calendar day beginning and ending at 12:00 midnight. 7 Equal; approved equal; Architect approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Architect, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Architect and Owner. .8 Date of Final Completion: The date when Architect and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. 10 Not—In—Contract ( N.I.C.): Work not included in this Contract. 11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. 12 General Contractor: Same as Contractor. 13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. 14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the Page 5 i particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. 17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. 18 Agreement/Contract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. 19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Architect mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. Page 6 V FV _...�..�° .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Architect shall mean; Type of evaluation that a reasonably prudent architect, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see" Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A" A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. RFP # 18-097 and Contractor Response, including letter dated 3!6118 E. Special Conditions F. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications orwithin either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Architect. G. Wage Rate 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item Page 7 FVOI . LI -0 p9, _7a�� of work or appurtenance required therein, but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.6 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terns capitalized in these General Conditions include those which are: (1) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and/or Architect's consultants are Instruments of the Architect's service through which the -Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect or the Architect's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Architect Agreement. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Architect and/or Architect's consultants. The Contractor, Page 8 F Subcontractors, Sub—subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and/or Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and/or the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Architect may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Architect or Architect's Consultants will furnish electronic data in software format in use by Architect at the time Architect's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Architect, Architect's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Architect, Architect's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Architect or Architect's consultants from the system and format used by the Architect or Architect's consultants to an alternative or upgraded system or format; -whether performed -by -Architect, -Architect's consultants -or others, -cannot be accomplishedwithout the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Architect and/or Architect's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Architect, Architect's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Architect or Architect's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material Page 9 Vol:� 7 0 and equipment supplier, or others, any reference to the Architect and Architect's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Architect, Architect's consultants and Ownerfrom and against, any claim or liabilities arising out of such use. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold, Capital Projects Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. Vol. a7 Pg. 2.2.6 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled (punch listed) to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety, if any, for method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Architect's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion, except for phases indicated in the contract documents; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a properly prepared, timely Request For Information (RFI) in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Architect any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Architect may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Architect in response to the Va. pg. a7 Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals reviewed pursuant to Paragraph 3.12, 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. vj:.�...T . a 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent with a minimum of five years of similar construction experience. Superintendent shall be approved by Architect and permanently assigned to project until full completion of project. 3.3.7 The Contractor shall employ Licensed Surveyor to locate and stake out the Work and establish necessary reference and bench marks. Work from established bench marks and reference points, layout and correctly establish all lines, levels, grades and locations of all parts of their own Work and be responsible for their accuracy and proper correlation with Work and established data. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Architect and properly accepted and authorized by Architect, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Architect whether or not such submittal has been reviewed or stamped by Architect. Notice must be specific and transmitted in letter form. If required by Owner or Architect, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to each Date of Substantial Completion, Contractor shall execute and deliver to Architect, a written warranty in approved form, stating that all materials and equipment provided and all work performed, for the specific phase, are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shalt be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Architect, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages to the building contents and/or building utilities or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. E-0111 „_,��D p9 v2� .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by mechanical, electrical and plumbing subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor shall furnish Owner with sales and use tax exemption reports to enable Owner to meet state reporting requirements. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized. 3.8 ALLOWANCES Vir)l, Pq• ��� 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $ 795.500 and shall be processed pursuant to the Specifications. $700,000 per specs plus $95,500 per letter from Collier Construction dated March 6, 2018. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent with a minimum of five years of similar construction experience and necessary assistants who shall be in attendance at the Project site during performance of the Work. The Superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect the name and qualifications of a proposed superintendent. The Owner or Architect may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Architect has reasonable objection to the proposed superintendent, or (2) that the Owner or Architect requires additional time to review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within thirty 30 days) after notification of contract award, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. Vol, 7 �) Pg. o��o� 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Architect, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time, as defined by the Architect to review submittals. If the Contractorfails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to w [\Vt,jj the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Architect that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Architect. Such Work shall be in accordance with approved submittals. The Contractor shall make all revisions as noted by Architect and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Architect on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's review of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's review thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In absence of such written notice the Architect's review of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from bel: — P9• . the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Architect proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.48.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARCHITECT, ARCHITECT'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE `INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH. (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILA13ILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Architect, the Architect's consultants and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Architect, the Architect's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Architect, the Architect's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Architect, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be reviewed in writing by Architect or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Architect for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Architect. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Architect. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Architect, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Architect, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Architect. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Architect and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (At a maximum, in calendar days) Prior to Day 0: Award of contract by Commissioners' Court Day 0: Notice to Proceed is delivered to Contractor after Architect provides response to Schedule of Values, Insurance, Payment and Performance Bonds, List of subcontractors and Construction schedule to Contractor and the Contractor receives the building permit from the City of Bryan No later than Day 664: Contractor attains Substantial Completion No later than Day _694_: Contractor attains Final Completion. 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative or such representative as the architect may designate, who may be employed by the Architect as a consultant. 4.1.1.1 Each of these terms; "Architect," "Engineer," "Architect/Engineer," "A/E," or "Engineer/Architect" shall mean Architect, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. Vol. pg 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a new Architect whose status under the Contract Documents shall be that of the former architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Architect and Owner. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Architect, and as Architect deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Architect for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Architect. Communications by and with the consultants shall be through the Architect, unless otherwise approved by the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Architect's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Architect's attention in writing if he wishes to obtain Architect's opinion. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect has authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Architect's services and expenses. 4.2.7 The Architect will review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Architect is limited to only those submittals required by the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review by the Architect, Architect's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's review of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Architect may authorize minor changes in the Work as provided in Paragraph 7.4. Vol, jD pg, I---- - 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until fourteen (14) days after written request is received. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Architect's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Architect, this shall include showing in CPM format, both critical and non-critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Architect and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Architect will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Architect; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Architect; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owners suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with monthly pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time due to abnormal weather conditions will be the records of the National Oceanographic and Atmospheric Administration (NOAA) for the prior ten (10) years. In the absence of NOAA records for a specific Project site, upon mutual agreement, local official records will be the basis. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Architect may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. vol. . ... Po. I 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. For purposes of this provision, "Materially" shall mean a change in quantity of at least twenty-five percent (25%) and a change in price of at least ten thousand dollars ($10,000.00) 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect: Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3). recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim, if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish Vol. / U pg. 02-.64 additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven (7) days. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Architect's decision, Architect will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 Architect and Architect's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Architect or Architect's consultants to complete its services on the Project. The Architect shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or v04. c � Architect to reply promptly shall constitute notice of no reasonable objection 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontractor agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub—subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub—subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other tiers, and Owner or Architect, except for provisions in paragraph 5.4. vol. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Projector other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order fora minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect, in writing, of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.6 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .Z costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Vol. Pg, Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed bylaw, the Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than _six hundred sixty -fours (_664_) days (total days for all phases and final completion,) from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon permit acquisition following the final approval of the Agreement and receipt by the Contractor of the written notice to proceed from either the Owner or the Architect." 8.1.3 The date of Substantial completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical' does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in this Agreement are of the essence of the contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2,5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to a approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Architect made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Architect. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Architect's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is _SEVENTEEN MILLION, THREE HUNDRED NINETY- NINE THOUSAND_ DOLLARS ($ _17,399,000.00)and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; applications for payment shall be submitted monthly by Contractor. The Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Architect may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within five (5) days after receipt of the Contractor's Application for Payment and the Architect's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Architect's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of Vol. °� U - Pg �,� subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Architect's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decide not to certify payment or, because, of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and Vol, 02 7o Pg 75' shall so notify the Architect. 9.6.1.1 Owner will make monthly partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Architect. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Architect's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor no later than seven (7) days after receipt of payment from the Owner, the amount to which the Sub -contractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Sub -contractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. 9.6.3 The Architect will, upon written request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment supplier's amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7FAILURE OF PAYMENT 9.7.1. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within five (5) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Architect, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Architect a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Architect's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work . If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Architect and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Architect's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Architect and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted vol. Pg. V in writing the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect and Owner will in a reasonable time, make such inspection and when the Architect and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's and Owner's on-site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Architect: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required Fol. _o� l by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days afterfinal Certificate for Payment has been issued by Architect. 9.10AThe making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9.11 LIQUIDATED DAMAGES 9.11.1 Owner will suffer financial loss if the Project is not Substantially Complete on the date set forth in the Contract. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each calendar day of delay after the date established for Substantially Completion until the Work is Substantially Complete: Five hundred dollars ($500.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor FOL ;7 0 . Pg 9.11.2 If thirty (30) days after Substantial Completion of the Work the Contractor is unable to achieve Final Completion of the Project as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each additional calendar day of delay past thirty (30) days after Substantial Completion until Final Completion is achieved: One Thousand Dollars ($ 1,000.00). It is understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Architect and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub—subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel, and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Architect, and their consultants and employees resulting from Vol 62 / U pg � o � the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.6 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Architect resulting from performance of such Work in connection with or arising out of Contract. 10.2.9AII parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Architect or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Architect for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Architect for Project site safety conditions created or controlled by the Contractor that result in the Architect receiving a citation under the OSHA multi-employer citation provision. 10.2.13The Contractor shall notify Owner's and Architect's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Architect to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15The Architect's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Architect. 10.3.1.iThe term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PGB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Vol. Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4The Architect and Architect's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5The Owner and Architect shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Architect. The Contractor shall notify the Owner and Architect prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Architect all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Architect. ARTICLE 11 INSURANCE AND BONDS VOL _9 70 _ Pn, .�..l s'5 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. {5) Contractual, including specked provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever vr,i.._-.a-._,__._ coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 1,000,000 each accident $1,000,000 disease, policy limit $ 1,000,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. 3. Contractual Liability: (a) Bodily Injury: $ 2,000,000 each occurrence (b) Property Damage: $ 2,000,000 each occurrence $ 4,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. Vol. % pg. 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence Note: The State of Texas has a no fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus architect fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall Vol. a Pg. include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.3.21-oss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractorshall execute, as Principal, bondsjoined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. Vol. U Pg. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's, Owner's orgoverning authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect, Owner or governing authority has not specifically requested to examine prior to its being covered, the Architect, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1The Contractor shall promptly correct Work rejected by the Architect, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.11n addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. Vcl. A 7 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Architect may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of architects, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. Vol. % p9. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Architect. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Owner shall make arrangements for such tests, inspections and approvals with an independent testing laboratory, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Architect timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Architect will, upon written authorization from the Owner, instruct the Contractor to make vol. .� %U Pg.0 I arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Architect of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect and Project inspector (if any). 13.5.5 If the Architect, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform Vol. any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub— subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is Vol. less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14,2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owners convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Architect, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Architect will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Architect, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's March 27, 2018 meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Architect for use in the administration of the Contract, and the F remainder to the Owner. OWN : 10SC T , TEXAS Duane Peters, Brazos Munty Judge 200 South Texas Ave., Suite. 352 Bryan, Texas 77803 Date: Date: 3I2 I � Vol. -_ i5xH t 3I T A THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2nd Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 14.66 Asbestos Abatement Worker 13.07 Carpenter 14.30 Concrete - Pour and Finish 14.75 Crane Operator 25.22 Driver 12.27 Drywall Installer 14.33 Electrician - Journeyman 20.27 Electrician - Apprentice 13.50 Elevator Mechanic - Journeyman 56.39 Elevator Mechanic- Apprentice 47.12 Fire Protection - Controls 18.86 Fire Protection - Pipefitter 18.84 Formwork Builder 14.03 Glazier 15.84 HVAC - Journeyman 20.06 HVAC -Apprentice 13.87 HVAC - Controls 15.14 Insulator 12.41 Ironworker 16.57 Laborer/Helper 11.31 Mason 16.92 Equipment Operator - Light 13.20 Equipment Operator -Heavy 16.18 Painter 12.50 Pipefitter - Journeyman 28.44 Pipefitter - Apprentice 15.90 Plasterer 14.81 Plumber- Journeyman 26.94 Plumber - Apprentice 16.35 Reinforcing Steel Worker 13.80 Roofer 13.80 -Stone Mason -1551 Terrazzo Installer 11.64 Tile Setter 14.76 Waterproofer 14.26 Note: Listed minimum prevailing wage rate is the base hourly wage rate including fringes. FV l,--�� � Pg. �- ollieA P° Box 1889 Brenham, TX 77834-1889 Ph. 979-836-4477 GENERAL GO NT RACTO RS _ CONSTRUCTION MANAGERS Fx.979-836-4940 March 6, 2018 Brazos County Purchasing Office Brazos County Administration Building 200 South Texas Ave., Ste. 352 Bryan, Texas 77803 Attn: Charles Wendt Per your request we have considered the following items and information and provide pricing as follows: - Reduce the overall completion time from 694 to 664 days. - Delete requirement in spec section 237413 regarding Baked Phenolic Coating of HVAC coils. - This is to verify the following subcontractors/vendors: o Electrical - DTA o Plumbing -Collier o Mechanical - Kilgore o Detention Equipment -Argyle o Security Electronics - Argyle o Audio/Video - Ford To include the base bid plus alternates one (1) through eight (8), the total proposal for the above mentioned is (as per our proposal).................................................................................... $17,399,000 This includes an add to contingency of $95,500 making the total contingency of $795,500. Thank you for your consideration. Sincerely, Mike Collier, President Collier Construction, LLC %wane Peters County Judge Vol.` Pg. 9 W Date I OW9mwna 1VIILLtz MC ED OWI Ji LS L WANI I I x 519.bil SI9.0.G.00 f149som I BWJN NAME: Fon. Met DPL% 21C DEZOL 150040 Stew S TO M Hsaw Di Ilii DRUM DEPOSIT 50.00 he Change 50.00 SYNTHETIC BLEND MOTOR OIL'. EW-20 SS GAL. GRNA UNIT PPoCE PER CALLON E6W 16-61 $1.23 2 2500 gallons TOTAL "Tat CEO 6UST DSING EST, WANIiOY E16,2W OD 518,525.00 tI0,A5W SRAMI NAME. PMad im Flea ECO Ultra Syn Rend SAN Supers MWe-Flo Syn U. SWAT DRUM DEPOSIT 50.00 Me Chan §000 SYNTHETIC BLEND MOTOR OIL: SW•30 55 GAL. DRUM WMT PPoCE PER GAT LON SOW 16.14 N23 J 2500 gallons TOTAL EETE,NDED COST USING EST, OUANTI Tv 516,50000 516gW 00 ffG515W BRAID NAME Paiamanm Pba ECOUIOaS IArM 30 SUFarSMJ6 Fb SMBbu15WW DRUid OEP051T WW Negv NO Wd TRACTOR HYDRAULIC FLUID: SAE 10W 55 GAL. DRUM UMi PRICE PERGALLON Islas $758 f3.W d 2500 9albns TOTAL IXTEMJEI3 COSI USING EST. QUANTITY [19,50000 SI9,N0.00 59,01500 NUNo NAME: Palermace, Plus Dia" 21C Toni EMY B Super 1'. 303 DRUM DEPOSIT AMOUNT ser SO NOChate WW IT,HYDRAULIC FLUID: SAE10W 5GAL.PAIL 5 lS KITPPoCE"TIPAIL NSW H2J) 325.00 Aalbm iOTALEXTENOECOSTUSINGEST.CUANTITY 501500 SW5.55 SJISW BRAND HAVE 1 P.A. Plug CPl?.21CTragdGd SuporSSaWTGN303•• EQUIPMENT HYDRAULIC FLUID: BIODEGRADABLE 55GAL.ORUM UNITPRICEPERGALLOII $e.X WTI {ISW i 0 ISW 9albns TOTAL MINDED COST USING EST. QUANTITY 1102,00000 1$12.165 Go f2],2W.W Milken NAME Ped. Tux OPLX2C Lnc Free ISO40 CheHon CIWry MY.OilAW J1 DRAM DEPOST WW No Chou tiew TRANSMISSION FLUID: DIRECT DRIVE 50 WEIGHT iO4 55 GAL. DRUM UNIT PRICE PER GALLON SIDM 262 0057 7 1500 Sellers TOTAL EXTENDED COST USING EST. QUANTITY E20.32d.W $12.9WW 512g55W OPMA NAME Pedammre PMs pPLX 21C iD45OM Su S9upa Syn ir�ns-FMMW DRUUDEFOGIT Isom Ne.cre a Istoo UNNERSALGEARLDISMANT: SAES5,140WGL5 400LB.ORUM -IQ UHITFRICEPERPOUND T$ lm E121 B IWOpounds TOTAL EXTENDED COST USING EST. QUANTITY [1,021.50 61,560.00 f1,2d.W BRANONAME: Palen. Plus CALX 2;C a185.W140 11 aS SSW 140 OINM DFPO6IT W.W NO Chase WW UNIVERSALOEARLUBRICANT: SAEBS140W GLS 5CAL. PAILS 9 IS UNIT PRICE PER PAIL $7140 560]2 $Lp pails TOTAL EXTENDED COST USING EST. QUANTITY Steil Do 699493 E168.W BRANDWtF Parsons Pus OPlX 21C RigeIS5WIa0 Gupa SBAIC FULL SYNTHETIC GEAR LUBRICANT: Miai 400LRORUM UNITPPoCEPERGAILON inge 52:1.90 A3.15 10 1000 ppurds TOTAL EXTENDED COST USM EST. QUANTITY Ha,1c 13,294.00 W,2W.W BRANONAME: Persian—P. OPLX2ICSrzol8KGA1d0 Su aSSyn 8L 110N/140 DRUVDEPOST WW Nechre, flood AUROMATICTRANSMISSIONFWID: DE%TRONAIIUMERCONATF SSGAL.DRUM UNIT PRICE PER GALLON SSW IM07 Uss ii 300 gallons TOLL EXTENDED COST USING EST. QUANTITY $2671.50 i2,121.W E13W00 BRAhiI Hal Pabaments Pus ECO INo-a MA ATF Supers M1WIt Purpose Cri ORV!z DEPOSIT fO.W Na Chage HOW SYNTHETIC AIROMATICTRANSMISSION FLUID: TES295FLUID 18GAL.KEG9 UNIT PPoCE PER Car 61 WItO 525.66 12 JW 9albns i01P1IXT[NDED COSI USING ESI. QUANTITY 69.48150 $9.JWW f],090.W BRAND IwMF PMaman[e lana OP"2 ICSmal HD AT .onSyn ATF TO 5511 gal Qum KEGOENSIT WW NOChan, WW MULTI VEHICLE FULL SYNTHETIC: ATF 16 GAL. KEGS UNIT PPoCE PER GALLON $fO.W $990 $1640 IJ 300 gallons TOTAL EXTENDED COST USING EST. QUANTI IY SJ.iWW {2,96400 44.02000 BRAND NAME: Palamaea Plus MedalAm Pbs Fu0 Syn MV ATF SuW S MV Full Syn DEXOil WI GO tail KEGDE1gST low Nonr Mcd 8. MULTIPURPOSE GREASE-CARTRIDGE TUBE UNITPRICEPEROASE 12110 f?IW $10.10 TOTAL Ex1ENDFD COSI USING EST QUANTITY [1,963.50 1LB10.W f1589.W 14 65 ryas OUNCES PER TUBE 11 ox Idoz Noe NUMBEROF IDBES TTI CASE 10 10 51000 BRAND NAME: Perfarmorreldus DPL%21C Ulaa Bluer SuperSMNS Pwpoea tl2 EQUIPMENT OIL SAMPLING Dl"A Engine 011 He Chaos NOCM1ouOe 0000 15 S�?. ,sA,! '�#% TrWsmic4on011 Na Cron, N.Chxge $1200 *^. HYdrav9c Oil NOCi NGchase $1200 a t'. Geammaig(Vaniani Hothouse ]Ian Chi $120" 18 " tf IS WASTE OIL REMOVALIPICK UP AN OPTION? IF YES, WHAT IS THE COST? Yes No charge Yos No Charge Yes No Charge 17 1 IS USED OIL FILTER REMOVAUPICKUP AN OPTION? IF YES, WHAT IS THE COST? Year $4500 per 55 gal drum Yes NO Charge Yes No Charge Ni Sit 5 Tata 5138,9350 5120,58055 5102,521.50 Notes and Ezeeptions 012 bldding Sgal Vail, Delivery tlmebame Is within 72 hwrs of request. 4a bidding 55 at Grum, 010 all a l6 gal Ne& —Sind #12 during a 55 gal Drum, #13 bidding a 55 gal - /' drvm,5ee. attached static sheet, for details / each line item offered herein Deliver, Made In 24 Hour:, 912 Indiana 55/1 Not drums, 013 bidding 5/1 gallon Opium, tine Item Gne ib'Tn Shcd'ads meet specNknlons. •Una l did not meet thl CK4 repsdourr 4" Llne item 5 did noixbnw to meet the TOA ren,„ meads ._.._._ COMMISSIONER COURT MINUTES OF MARCH 27, 2018 ARE CONTINUED IN VOLUME 271 PAGE 1 X17 0Pg. �- 1m. y COMMISSIONER COURT MINUTES OF MARCH 27, 2018 ARE CONTINUED FROM VOLUME 270 F. �L;-- P9- INTERNET SERVICES CONTRACT BkAZOS COO�Ty IU'ROIASiNG DEPT. NO S. Texas Ave., e . 19 Ste, I 1 352 , . Cofitract No. t,8712.8 Bryan, Texas 77803 Page 1 ot.9 Pages Telephohe (979) 361-4294 GENERAL REQUIREMENT FOR CONTRACT 1, -Ton\j D. ��4% agAduly autlioriz6drepiesen'tativeof Contractor" Willingly attest liver) as per Exhibit 4A also'known as t peTforin (or deliver id Internet r4cf.Ac.icss (DIA) d the muster agreement betweell Service Order Form (SOF.), Dedicit. .1 c all, —s— Fi6crLight and TIPS under cooperative contract # 170703 for.8razos County: A further -agree to all of the brovisidris and specifications contained in this contract. Autorl6itious System -_Sane as AS, Autonomous System Number — Same: as ASN. An MN assigned to you by. American kegistry of —Same as BGP. Used when acw . tonieris multi -homed with:2 or more Facilities Carrier. Agreerrippt — Same as FCA Firm Order Coi.ifimjtirew:�- D4e date. Same as FOC Internet Protocol — Same as LP Letter,of Atithdriziltion —:Sarm; as LOA Monthly Recurring Charge = Same as MRC Non recurring Charge — Onetune charge or install charge Same as NRC. Rciisdwfor 0 -uta -96 —An after iieti on. report post -outage or;service iqterruptionissuq.. Samw,as, REO. - TERM The. term of 'tills contract will be for three (3) years, with the option to renew two (2). additional one (1) yetirperiods. I . .1 � I, I A The Contractor may not assign, .sell , o.r otherwise transfer this: contract with'ou't written p.ermission of Brazos Coulty bommissioners:Court, which shall not be unreasonably withheld, conditioned or delayed. Should there be a change in ownership or management; the: contract shall be terminated unless a mutual a0cement N reached With the new owner or manager to continue the. contract With its present provisions and prices. Vol. C;- 71 Pg. BRAZOS COUNTM TEXAS Contract N0. 18428 Page 2 of 9 Pages .c p L� urt must dwa rd the 66ritrkt and Braz6s County Judge - or'o . th er person ornmissioners Court must sign the 666.triicl before it becomes binding on Department heads are NOT authorized to sign contracts for l3fitzos al remain in effect until all productsand/or services covered by tius �y delivered and accepieq The q itltids speeifted in this contract are estimates only, Brazos County does not guarantee to pprcha,wany minimum quaritities or services other than those listed on 4 purchase order.. C 0 1 NT11AC-TRFNUW.L$ ALS , Renewit ts may be, made ONLY by written agreement betvveen. Brazos County and the oror. . and all price escalations shall pot be and shall be cbnsidered:a;non-response. terms inty reserves ft � be added may' 'or Con. ion And iki' I . , g fication of such coverage property da front work b Brazos C( rk I -And/of equipment provided. " s'hatl beroade by Ph isloners Codri . when all terms and conditions of its satisf c6n,.including tbd stibmigsion to Brazos:, squired. Title .and Risk of Loss of, the goods shall I ,y aqqqpts and takes possession of the ,goods at the as to cost In Lnd, the pi Qounly�atjh'e ',C-6ntract, and it y of any and os$ to it or points of I the event other locations , to 4 group rpup under the.6oritrabt, a quotation will In 8razos County w-ishes,to add th . beLsol , ieitqd� Pipm the 1 neumbe,nt,doxitractor in good standing for I the group in which the new lo'catioh is FIV -01. �7_7 Contract No. 181-128 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages In the bent Bra;zos C6wiiy. shall sell, vacate, abandon, or otherwise dispose oriermifiatca location fill endeavor to give the Contraotor written notice of such terininati (30) days in Advdiicd, and any tenninati6n, prior to the :expiration In section c Master Service Ap-reeirient. c, ,n of ih all good-, and/orI services shall be firm for the duratiori of this contract and shall,bes . tated , on See J. ExIti"b" A for " - -I it qr pricing details. Prices sh.4111 be all intlusive; e ua�jirl at'lons WI iou6re 11H 6e I d during b course of the C ing t e cou .1hangesi4idditions, or subsequ iit 4 ,�J[ , prices, in - ust� be, writi - 1 ink typewritten. Pricing on all ,transportation ;freig I lit, drayage qn in I... �qr t� — n If there are any charges iiie, to b prepaid by the Co tractor and if1C'Iqde'd in the 1, p pi a' charges of any kind, :other" than I those mentionedI above, specified or Wis �i --II.— pec tied,, offeror d darit costs of forfeit "the right to payment for:suchitcqis. tM itd-,ms, r0quircd.ari atten I n icing and extended prici g differ, unit pricing prevails. TAXES Brazos, Cowity is. exempt from all federal state and local taxes unless otherwise stated in this' Aims sacs and/or use faxes under Texas Tax Code contract., . Bri�o� County 0i exemption Iro,rii It I- §151.309,; 1 as amend . ed'; Texas Litni I- fed Sales tax Exemption Cer,tificai - e . swill be ished. upon- written -request to Brazos; CountyT N cha§in Age Wjicf of interpfootrio , n . ef any , pat . 11 I of this overall contract, the Parties shall come to astosuch qnestionotinterpretation. is) and specifications of: this contract and any other ternis,rconditions, , ons, prov I isions, ovided by the Contractor; the terms I '', of ROP't h703 contract shall stit)6r9e& GOVERNING LAW 6iltr u , t . No. . 18-j 128 BR kiOSCOUNTYiT'EW PAge.4 of 9 Paps OF q, phrase ,subsection, 044ytaph, sentence, 0141A Or )YQXd of these requirements or the Aiall be held invalid, such holding shall not ;affect the remaining'Cthese c remaining portions :o nd the specifications .find it is hereby decla,red. that such remaining portions. would have h., in ;these requirements"iin t e specifications tons as though the inyhlid portion W been TERMTNATION Hrazos County reserves the right to terfnitidic the 6ritrzict for default if oMror breii6h.6 any of the tbrffi.s 1P the f therein, ine u,prie warranties of offeror or offeror becorries inscilvent, or colyunits acts . o- bhbkruptcy. Such right'bf terrilumficill Is in, MAIM= `to- and. not iri. lie -ill Of phy, other remedies, whic,h Vol. Cuntract No. 18-128 BRAZOS CUUIvTY, TEXAS Pagc 5 of 9 Pages Brazos County; may have in law or equity; Default. niay be construed as, but not limited ;to, failure to deliver the proper goods. and/or services 'within the,proper amount of time; and/or to properly perforin any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requircments. Brazos County may terminate the contract without cause upon thirty ,(30) days written notice. POL Y REQVIK, MENTS FOR CERTIIFICATE OP INS6l 2A1VCE to � the (2) acquire : with a $ 1,000,000 Combined d .Liability 1486190 occurrence: of such pert f tate of with an A.M. insurance in Limit. The and sliall i y as an ads on (3). Automobile Public 1 lability Insurance Ivith a ,$1-000- ,0I 0, 1000000 Combined Single Litriit;; in all se((- propelled 'vclucles used i onnection widthe contract whether owned, non -owned or hired. 4b'aWcr of subrogation Iieqblt60. The ,Certificate of Insurancc furnished to Brazos County shall contain a_provision that coverage under such policies shall not be canceled or matcrially thanked until at least 30 day`s prior written notice has, bcen,given to Brazos Co city, Vol. � �� P9• i, Contract No. 18028 BPAZOS COUNTY, TEXAS Page 6 of Pages COVERAGES[WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers - compensation, disability; death; and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible.for wages;; materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN JMMUN[TY The parties understand that Brazos County does not wa behalf of itself, officers, employees, agents, and volunto and the performance of the covenants cantaiited herein. i any civl liability that arises from any act or omission ma The parties understand and agree'that Biazos County doe law for the. actions of the 'Contractor in providing services ve or relinquish any `immunity or defense on :rs as a result of its exedt tion of this contract Further, Brazos County is not: responsible for le within:the course and scope of this contract. not as civil liability under any theory of NOTICES Notices shall be mailed to the ad dresses_designated herein.or:as may be designated in writing by the parties from time to time and shall be dceined received.. when sent postage prepaid U,S, Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas 1luanc Peters, Brazos County Judge 200 South Texas Avenue, Ss:ite 332 Bryan, Texas 77,803 CONTRACTOR: Sales. Contact Natne: Phone Number: Billeng Info: •Cprr-+ F1SCAL FUNDING CLAUSE Notwithstanding any provisions contained. herein;, the obligations of Brazos- County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions thereto. WAIVERS Na waiver by _either 'party hereto of any term or� condition of this contract shall be deemed +or construed to be a waiver of any other term or, condition or subsequent waiver of the same tern or condition. 1 - Vol. �� _ f'9•�--� Contract No. 18-128 BRAZOS, COUNTY, TiXAS Ng -c 7 of 9 Pages. ItIN—TI11- CONTRAim, This contractrepresents the entire and integraied, agreement between 13razos County and the Contractor .and supersedes All l3ri6f negotiations, rcpreseniiitipps, or contracts, either, ttpn:or .oral. This contract may,only bean ended by Kitten i.nstrWcrit:approvcd and executed by the parties: AUDIT RIESPONSIBILTY C 6-ritr"kt6r shall be responsible , , , , nQr-recervingi I .,, replying o.qn,.. or cQMp,.yipg : any , audit exceptionI by appropriate.f�ederal, state or , .local " a�dit directly, related - . to theprovision I r ov . is , ion 6 - t"'Ns contract: The C6htrhdt6f Aall rcOayto razos. County fd[l 4#6tnt. recp 6d for duplicate billings,:errorwbis claims; the Contractor recognizes wid'Jagrbes that Brazos County billings, false or deceptive t)mAy ,( withhold . 'r-q6-oy'qithrqug1i any appropriat$-inbtfi6d any ffi'00cy Any Money due and erroneously paid tinder ,this.c.ontrapi if.evidpnmqzistsof f6gg than ut com,:Pliance writh this contract; Pg. —ce BRAZOS COUNTY, TEXAS I and which is in Designated eligible to similar inel in complim Contract. No. 181-11-28 Page 8 of 9 Pages 89 A, DEBARMENT VERF WATION is federally inandated to adhere to the directions provided in the President's Executive. 224, Executive Order cry Terrorist rinancing — Blocking Property and Prohibiting /ith Persons Who Cqnimit, Threaten to. Commi4 or, Support Terrorism, effective any subsequent changes made to. it 'via cross-refercricing respondents/vendors with th& Ltities, ineligible fe 1A list. entity :and Respondent certifies that . the responding : . y its s principals are in this transaction and have not been subjecte-4, to Psliension.:debarment, or i 1 1. , 11 1 ; . 1, : 1_"o local governmental ' it� itind that Respond 6 rrnined by any federa state r ocal entity en is State of Texas statutes I and rules relating to procurement and that Respondent is � , . , " I..", terrorism ' ' 11 S -b-Executive a] governments wate list as desen ed in Order IhM. ,deral procurement are listed at htip,,,//www.sani.gov, The undersigned affirms the noiAebarment 'statement above, that they are duly authorized execute this contract., The, company representative below further affirms that the company submitting this prqppnl,,undcr the 71 1.� provisions of Subtitle -F Title 10, and d6veimeiir 'ritCode, Chapter 2210: 1. Does not boycott Israel currently; y.; and 2. Will notboycottIsrael during thettrin of the contract. Pursuant to Section 2270.00j, Texas GoVernment'Code: 1, `Boycott !srael" means -refusing to deal with, terminating business activities with, or ng intended to pen on, r limit $6 taki any action that is.i, penalize, 4arin 6 commercial relations specifically with. Israel, or with, a person or, entity doing business in israel. or in an wadfi-contr6ficd territory, but does,461 include an action made or -o'rdinary business purpos mep, 2, "1�6mpaig'�'rrn. S a tbr-proft sole proprietorship, organization, association, corporation, partnersup,joinf'venture, lirnited partnership, limited liability partnership, Or ani limited liability majority-owned company, including a wholly owned subsidiary, rn�jority-owned subsidiary, parent conipah"y or affiliate of those entities or business associations that exist to make a Profit. CombanyName: LILC Authorizcd 60 Contract 1_10 70 19- 1 28 I 15ARSIJ - BRAZOS C . OUNTY, TEXAS CE,R'T'lFJCATi6N6Fl The 4686fsigqed, iur.Oer execute ibis contract, that contents of this bid baW bid. Signed By: Typed Contract No. -18-128 . Page 0 49 Pages ,Ms the fton-de'bam" 6ht statement, ab&e;. that they are duly authorized bit] has Trot been prepared in collusion with any other vendor, and that the een-commuru'cated to any other verldorprior to. the official opening.of this Title: Goint j :eamiaj—+ vp Company Name: Phonc%. Email Address; Mailing Address: P. O. Box or Strect E rnpj oyer Identification .. - l - .Numbeq Soci - al Seedrity Ndtfiber: vissjoucrsl Court on this day of cif 1 20,18 by 11 oldin g the P-Osifil on of 01-D g CERTIFICATE OF INTERESTED PARTIES FOFW 1295 i0fl Complete Nos. 1.-.4 and 6-0 there are Interested panics. 66nipleta_Nos, 1, 2, 3, S, and 6 if there are no lirt6tked, parties.: OFFICE USE ONLY 11 CERTIFICATION OF FILING Certificate Number; 2018 329458 I Name of business entity filing I for . m, and the city, state and country of the business entlWs place of business. Filowl-ig ht, LLC Alpharbfta, GA United States DateRled: 03/2312018 Date Acknowledged: 2 Name of governmental entity or state agency that is a party to.thecontract for whi being filed. -- . I ty .. Brazos County 3 Provide tho Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a desediption,cif the semices, boods, or-other property to be:0irovided under the contract. 18=28 Ded . I 6a led inte I r I net access. and other telecommunications Service$, 4 Name of interested Party City, State, Country (place-of business) Nature of interest, .(check applicable) Controlling Intermediary 5 Check only It there Is NO Interested Party. 6' UNSWORN DECLARATION Mynarrleis 60, and my date of Uirlh is My address is (fill) %Y e";,+ wivs wa�j 9wie'l1 1 -A kulLyp (Staia) (zip. W60) (country) I declare under peitialtypf pqrJury that the foregoing is true and correct. Executed in County, Stale of (�'fo)q I it on dayof M7101 Manth), (year) AMR IHIJ �d Signature ofauth�urlztnt of contracting �busincss entity oda at Forms WbVid.ed by Texas Ethics Commission www.ethics.state.u.uson 1.0,5523 Vol PC,. Ve's' Forms bfpytic9P1 y` Texas EthlcsCommission www.ethics.SW.b(AI oI �7/ P9 �� VersioIV1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 tori Complete Nos. 1- 4 and 6 it there are Interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-327049 FiberLight, LLC Alpharetta, GA United States Date Filed: 0311912018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 170703 Dedicated internet access and other telecommunications services. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only If there is NO Interested Party. n LI 6 UNSWORN DECLARATION My name is —ie*�y t7. t•"�S b -ti and my date of birth is lob My address is 11'100 oy G7, }r 0-1 i S tfQ Rt If P iY � _, �U 1 .2_, i1 S (city) (sla(e) (zip code) (country) I declare under penalty of perjury that the foregoing Is true and correct. Executed In �— V i i0 Yt county, State of r .) 11 A on the _ ayof M31VCJ1 20_1. (month) (yea') . bnfli fry, �y bony D. cagh Executive Vice president and renal Caa gej I— tyre of authorized agent of contracting business entity Forms bfpytic9P1 y` Texas EthlcsCommission www.ethics.SW.b(AI oI �7/ P9 �� VersioIV1.0.5523 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 11� LAI DEPARTMENT: CC 2018 - Right of Way Road and Bridge NUMBER: Acquisition- JBMHFM Estate- Scasta Lane - 0.209 acre DATE OF COURT MEETING: 3/27/2018 ITEM: Acceptance of Special Warranty Deed from the JBMHFM Estate, LLC for 0.209 of one acre of land to be used for a bridge replacement on Scasta Lane located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/15/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: File Name Description Type Right of Way Acquisition - JBMHFM Estate - Scasta Lane - 0.209 acre.pdf Right of Way Acquisition - JBMHFM Backup Material Estate - Swats Lane - 0.209 acre /V Duane Peters Date County Judge NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS GRANTOR(S): JBMHFM Estate, LLC Grantor's Mailing Address: 15015 Redbud Leaf Lane Cypress, Texas 77433-5566 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Scasta Lane KNOW ALL MEN BY THESE PRESENTS: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.209 of one acre, more or less, being situated in the WILLIAM C. SPARKS SURVEY, Abstract No. 52, Brazos County, Texas and being a part of that certain Called 79.94 acre tract as described in deed from James M. Milberger to JBMHFM Estate, LLC of record in Volume 12563, Page 45 of the Official Records of Brazos County, Texas, said 0.209 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A attached hereto and made a part hereof for all purposes. Page 1 of 3 Vol. 7� Pg. /� Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this Aday of OA 0" -Li , 2018. JBMHFM Estate, LLC By: LAI� J es M. Milbe er Title: MJ Alt 9 - Page 2 of 3 va. Acknowledgment STATE OF TEXAS rr'' § COUNTY OF 1 r arbi s § r This instrument was acknowledged before me on 5 ' 6 by James M. Milberger, as� ew _ for the JBMHFM Estate, LLC. yw• DARRELL W KOLWES My Commisalen Espiras July 23. 2018 C a 0- W , Notary Public, State of Texas Page 3 of 3 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 a Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731-0096 FIRM NO. 10093500 Email: curtis@strongsurveying,com EXHIBIT "A" SHEET 1 OF 2 BRAZOS COUNTY SCASTA LANE 0.209 OF ONE ACRE RIGHT-OF-WAY IMPROVEMENTS OUT OF THE JBMHFM ESTATE, LLC CALLED 79.94 ACRES VOLUME 12563, PAGE 45 WILLIAM C. SPARKS SURVEY, A — 54 BRAZOS COUNTY, TEXAS DECEMBER 11, 2017 All that certain lot, tract or parcel of land being 0.209 of one acre situated in the WILLIAM C. SPARKS SURVEY, Abstract No. 52, Brazos County, Texas and being a part of that certain Called 79.94 acre tract as described in deed from James M. Milberger to JBMHFM ESTATE, LLC, of record in Volume 12563, Page 45, Official Records of Brazos County, Texas, said 0.209 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 2112" Pipe Fence Comer Post found at the most northerly corner of said Called 79.94 acre tract forthe most northerly comer, said comer being located in the southeast line of Scasta Lane (Possible Prescriptive R.O.W. — No Deed Found), said corner being the most westerly corner of the Evelyn Ruth Francis and William G. Francis, Jr. Called 70.80 acre tract as described in Volume 11714, Page 114; THENCE S 50 ° 50'02 " E, along the common line between said Called 79.94 acre tract and said Called 70.80 acre tract a distance of 30.48 feet to a 112" Iron Rod with Cap set for the most easterly corner, a 4 112" Metal Fence Corner Post found for an interior corner of said Called 79.94 acre tract and an exterior comer of said Called 70.80 acre tract bears S 50 ° 50'02 " E a distance of 680.29 feet; THENCE S 30 ° 51 '04 "W. a distance of 37.46 feet to a 1/2" Iron Rod with Cap set for anole Doint: THENCE S 41 ° 56'04 " W. a distance of 99.00 feet to a 112" Iron Rod with Cap set for angle point; THENCE S 51 " 48 '39' W, a distance of 222.35 feet to a 1/2" Iron Rod with Cap set in the northwest line of said Called 79.94 acre tract for the most southerly corner, said corner being located in the southeast line of said Scasta Lane, an 18" Elm found for the most westerly corner of said Called 79.94 acre tract bears S 42 " 00'52 "W a distance of 754.65 feet; THENCE N 42 ° 00'62' E, along the northwest line of said Called 79.94 acre tract and the southeast tine of said Scasta Lane a distance of 353.35 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.209 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground on December 11, 2017 under the supervision of H. Curtis rong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. is based on rotating the northwest line of said 79.94 acre tract to Grid North NAD 6 tate Plane Central Zone. For other information see accompanying plat. = W�IL Vol. 6 " / Pg. NOTES: A the northwest line of 79.94 Acre Tract to Grid North NAD83 ICORS 20111 SCF r • • , Zone. All easements and/or ORKM bxr�w�r�'Icr3r•�`�TR plat. ��lri9Li� at all R.O.W. Corners. • � • • WILLIAM G. FRANCIS, JR. CALLED 79. •.Ilt6LjiEfl�LYcIYSli:7 CALLED 70.80 Ac. t[ii�xF�S�t©�➢� 11714/114 �.�➢��:F�'��iL�Ili17t� EXHIBIT"A" t q°ON_ B t1>!t5>• �.7)l,.Lf i tt`FZ•D:r�¢�ti��. �t-Yx� �� t• r c r u<xvc � � X447 t•fiFsl� �•. �E�ifyY�yl�. It•4]�11 • • • • ��7dtL•li'7 OF THE ��-suR NOTES: North Orientation is based on rotating the northwest line of 79.94 Acre Tract to Grid North NAD83 ICORS 20111 epadh 2010.00. State Plane Central Zone. All easements and/or utilities may not be shown on this plat. A 1/2" Iron Rod set at all R.O.W. Corners. CHARLES CALVIN SCASTA CALLED 35.06 Ac. 10941/16 on IB' Elm �lor. West Corner of -?—Fence Fnd. 2 I/2' Pipe Post Called 79.94 Ac. EVELYN RUTH FRANCIS a JBMHFM ESTA WILLIAM G. FRANCIS, JR. CALLED 79. CALLED 70.80 Ac. 12563/ 157 11714/114 EXHIBIT"A" t q°ON_ B SCASTA LANOS E ORA 0.209 OF ONE ACRE RICHT-ORWAY IMPROVEMENTS v .."eee%°�oOUT OF THE ��-suR LC 1CALLED7994ACRBMHFM ESTATE, LES I, H. Curtis strong, Registered ProfessionVOLUME 12563, PACE 45 No. 4961, do hereby certify that this plot results WIWAM G SPARKS SURVEY, A - 52 of an on the ground survey perfo during December, 2017, and is BRAZOS COUNTY, TEXAS thesupbest the best al my knowledge. SCALE 1" = 100' DECEMBER 11, 2017 SHEET 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Scasta Lane Project: R2-117 W.O. No.: 33494 Precinct: 2 I (we) the undersigned owner(s), accept payment of $7,500.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.209 acre of property located on the above mentioned project. JBMHFM Estate, LLC &A-- Jarbes M`. M' i�lbberger Title: Date: Vol. P9...._� / item uoversneeL BRAZOS COUNTY BRYAN,TEXAS rdae t Ul I DEPARTMENT: CC 2018 - Right of Way Road and Bridge NUMBER: Acquisition - Phyllis Bonifazi - Dilly Shaw Tap Road - 0.30 acre DATE OF COURT MEETING: 3/27/2018 ITEM: Acceptance of a Special Warranty Deed from Phyllis Bonifazi for 0.30 of one acre of land to be used for a bridge replacement on Dilly Shaw Tap Road located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/19/2018 _-FISCAL IMPACT:. - -- -- --.._. .-____.-False---- — BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS File Name Description Type Right of Way Acquisition - Phyllis Right of Way Acquisition - Phyllis Bonifazi - Dilly Shaw Tao Road - 0.30 acre.odf Bonifazi- Dilly Shaw Tap Road -0.30 Backup Material acre Duane Peters E County Judge Vol. 7 Pg. 13 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS GRANTOR(S): Phyllis Bonifazi Grantor's Mailing Address: 12285 Dilly Shaw Tap Road Bryan, Texas 77808-9236 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Dilly Shaw Tap Road KNOW ALL MEN BY THESE PRESENTS: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.30 of one acre, more or less, being situated in the M. LAWRENCE SURVEY, Abstract No. 30, Brazos County, Texas and being a part of that certain Called 162.44 acre tract (Partition of Tract 2, Tract 'T") as described in Partition Deed dated September 2, 2015 to Phyllis Bonifazi of record in Volume I2927, Page 172 of the Official Records of Brazos County, Texas, said 0.30 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A attached hereto and made a part hereof for all purposes. Page 1 of 3Vo� ~ 1. _7 7 % Pg. _-- L - --_ Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right ofGrantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When. the context requires, singular nouns and pronouns include the plural. Executed this _� day of 2018. r -OIVJJ&l - Phyllis Bo tfazi Page 2 of 3 Vol. ,l Acknowledgment STATE OF TEXAS § COUNTY OF _P § 77 This instrument was acknowledged before me on DARRELL W KOLWES My COI WIllon Eiplros ''•no M'' Jalp23.2015 by Phyllis Bonifazi. Notary Public, State of Texas Page 3 of 3 Vol. % / pg o2 3 1722 Broadmoor Ste. 105 STRONG Bryan, Texas 77802 Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curds@strongsurveying.com ' EXHIBIT "A" U SHEET 1 OF 2 BRAZOS COUNTY DILLY SHAW TAP ROAD 0.30 OF ONE ACRE RIGHT-OF-WAY IMPROVEMENTS OUT OF THE PHYLLIS BONIFAZI CALLED 162.44 ACRES VOLUME 12927, PAGE 172 M. LAWRENCE SURVEY, A — 30 BRAZOS COUNTY, TEXAS JANUARY 4, 2018 -- AIFthat-certain lot,-tract-orparcel of -land being 0:30 of one acre -situated -In the - M. -LAWRENCE SORVEY, Abstract No. 30, Brazos County, Texas and being a part of that certain Called 162.44 acre tract (Partition of Tract 2, Tract" F") as described in Partition Deed Dated September 2, 2015 to Phyllis Bonifazi of record in Volume 12927, Page 172, Official Records of Brazos County, Texas, said 0.30 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod with Cap set in the west line of said Called 162.44 acre tract for the most southerly comer, said comer being located in the east line of Dilly shaw Tap Road (Possible Prescriptive R.O.W. - No Deed Found), a 5/8" Iron Rod with Cap (2972) found for a south comer of said Called 162.44 acre tract bears S 11 " 28 ' 02 " W a distance of 96.00 feet and S 21 " 01 ' 05 " W a distance of 272.67 feet; THENCE N 11 " 28'02 " E, along the west line of said Called 162.44 acre tract a distance of 330.67 feet to a point for angle point; THENCE N 12 " 51 '67' E, continuing along the west line of said Called 162.44 acre tract and the east line of said Dilly Shaw Tap Road a distance of 144.60 feet to a 1/2" Iron Rod with Cap set for the most northerly comer, a 5/8" Iron Rod with Cap (2972) found for the north corner of said Called 162.44 acre tract bears N 12 " 50 '45 " E a distance of 945.61 feet; THENCE S 5 " 32'48 " E, a distance of 104.33 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE S 10 " 59 '53 " W, a distance of 275.03 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE S 31 " 20'26 " W. a distance of 106.81 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.30 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground on December 2017 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the west line of said 162.44 acre tract to Grid North NAD83 (CORS 2011) State Plane Central Zone, For other information see accompanying plat. Vol.02 7�7P 9, N1�2q �o W TAP outh 5 amerRr62,g4° Ac: LINE DISTANCE BEARING LI 96,00' S 11.26'02- W L2 272.67' S 21.01'05' W L3 330.67' N e'26'02' E L4 144.60' N 12.51'57- E L5 104.33' S 05.32'46- E L6 275,03' --r-10-59-53- W L7 106.81' S 31.20'26- W Albert James Bonifazi Called 203.05 Ac, Partition of Tract I Tract " B " 12927/172 LI C? I, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify that this plat represents the results of an on the ground survey performed under my supervision durfnq December, 2017, and is true and correct to the best of my knowledge. 426.67.1 3613, Phyllis Bonifazi Called 162.44i Ac. Partition of Tract 2 Tract - F j- 12927/1721 . NOTES: North Orientation is based on rolaling the west line of 162.44 Acre Tract to Grid North NA083 (CORS 20111 epoch 2010,00, State Plane Central Zane. All easements and/or utilities may not be shown on this plot. A 1/2- Iran Rod set of oil R.O.W. Corners, (Coll NIS'50'14- E—836,31'l 0.30 Ac. L4 N 12'50'45' E - 945.61' to the North Corner of Called 162.44 Ac. EXHIBIT'A' BRAZOS COUNTY DILLY SHAW TAP ROAD 030 OF ONE ACRE RIGHT -0F -WAY IMPROVEMENTS OUT OF THE PHYLLIS BONIFAZI CALLED 16244 ACRES VOLUME 12927, PACE 172 M LAWRENCE SURVEY, A - 30 BRAZOS COUNTY, TEXAS SCALE: 1' = 100' JANUARY 4, 2018 SHEET 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Dilly Shaw Tap Road Project: R2-139 W.O. No.: 33495 Precinct: 2 I (we) the undersigned owner(s), accept payment of $5,0I7.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.30 acre of property located on the above mentioned project. 3/yI iT Phyllis Bonifazi Date F I Pg. 02 G item coversheet BRAZOS COUNTY BRYANJEXAS rade i ut t I� DEPARTMENT: CC 2018 - Utility Permit - Road and Bridge NUMBER: Wildhorse Resources Management - Broach Road - Temporary Water Line Permi DATE OF COURT MEETING: 3/27/2018 ITEM: Consider and take action on the Wildhorse Resource Management Co., LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Broach Road a distance of 1,600 feet. Project will provide water to an oil well. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/21/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS File Name Description Type Utility Permit - Wildhorse Utility Permit - Wildhorse Resources Management - Broach Road - Temporary Water Line Permit.todf Resources Management- Backup Broach Road - Temporary Material Water Line Permit. Vol.. Pg. 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 Wildhorse Resource Management Co. LLC [companv 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 water line 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 Broach Road 45 feet On Surface Facility to Parallel County Road Within Right-Of-Wav Road Name and Block Number From To Depth Distance Broach Road On Surface 1,600 feet CONSTRUCTION TYPE 10" Diameter Well Thickness MatcrialSpcciftcation: Collaosiblc Maximum Operation Pressure 100 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 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th 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 a ainst an �and all loss, damages, cost or Vol.p9, �5 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 jails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i. e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon itsfailure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of lite terns 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 Comity reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or we fare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In Ole event CompanyJails to comply with any or all of lire requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Compatty. Failure to obtain this permit and/or notify the County Engineer's Office within 14 hours of beginning construction shall constitute groundsforjob shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wildhorse Resource Company LLC Company Name Clay Carlisle Signature Water Consultant Title 9905 Katy rrcnsay Suitc 400 Address I louston Tx. 77024 City State Zip 713.255-9362 Phone Number cloycadislcr gmail.com Email: FVol. azo p9 a % 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 -S--20 —J except as noted below: EXCEPTIONS: (Month/DayNear) - a.,9 b. wi Brazos County Road Administrator Fv� I ROAD RIGHT -0F -WAY 'sow ROAD RGNT-0F W4Y PLAN VIEW CENTER LINE TYPICAL SECTION SHOW NORTH ARROW z t5 x I axl a COUNTY ROAD 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 ANWOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION '. .1»Pntential!Pon%{ \ y , Po mtG BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requireinents I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safet), 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 Plait 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 over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and (kept at the_job site any time work is being performed. Vol. 7� Pg. �J� 3. Plan must set forth the time of completion for thejob. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper); a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. Forhigh pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less' than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power -0-2 feet, nominally I' Phone — 24 feet, nominally 3' Gas -4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing # the annular space between pipe and casing and soil exceeds one (I ) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 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; a� ' // Vol. C � 71 Pg. 4 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. I I.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13.In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work I. 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 and Road & Bridge 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 designated representative and a permit has been obtained. G. Relocation of utilities. I.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,-.—_— VOL _ 71 H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining tocontrolled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pineline (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 The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. _1/ Pg. m I a LIQ �aa I S aalo I MA nm -10 � I a• > le• 58 L b I } a I ommnilN m.la.. �IN ml.f.a 1/ Iti x mA 1. a elW.q .r w• rld. 14 I nemul frq.IW vr. 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My o. gp11[i6 L I I 1 1 L .11 kcrl:c tgfivt nlgp IIIY.V P.q V. &eJl®...DJI INN - 61 Gnlm .Iq 1N Mlapn .pnl .q b minK Kq eblq In .n plcq ar fT roOln clgmrc vy KA 6po..e pt Cy Optyr. 1 !1¢fptleJ mlRlnl INIa q pl¢m n rJnlvr q It I41 Irq l 9vb vK11pI..iT 11Y tN NP IMNIh WHIN. ITo i wI11nINm.0W.I1pn... SnWSY.IIe1..iMOlW msle4 m,14 paf m>110 11 M 41A111aY I! b Im /e1 In moa. 0I - m ca ar vn .r0aa..lmmr mr.vl> nrsl In I4 I wNvaA m pgllry W In KIL 11 ..b. m. m I pug" M oWmMmKllido talo l4 M1Wllvmhetro sin In I. p1p• brims. m aNm Avrnllnn doles my b o .Wltlgtl tm Os 9.>5 rgioN aro TILL 1 IWllidgl 9.6Y 9gIaIM .I pI RL m14 m.11lrtm q/ rn pW - InvW. Ip ppt.n a.IM e't .tmx =1IA1W.1 V 61r Ip1LN NNulyl W.I.glgGflrog4 pA.u.Ll vtl I 5. dm11n aR.glcl.. m W1f .011emn gLla 4 pY W mm M. �E !R rldn-m.A IIro mIW pdW min W.W aale@. 6 Ig1+1 •t1v10w Ica• .lud rq a x.c In Nm W mo -m •LQU9tRY LC.e•.Ip. lm Jahn•gl q.mnnlgpl ld6)16 ! /m vMir.pi5m m.plWilgm wIrt/f c4pinc r maiM r.mlramf. Im alpm. Miele am 4 fwN In In p91t 1 CfInLLL ILIO !m 11m ]Olt aow �olrt I Iorlpem.. llw .a rmn0 luvltr., In TCP (2 -lc) WORK VEHICLES ON SHOULDER Conventional Roods TYPICAL USAGE PxT6arr almrftIVII TrmSyMaAm rMNq>mn Pd - TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-1) tout slm swn 1cm I.IwmMn lot mu p11n14 snnwn IW 5•.n10W1 s1.ne.m -12 1LCII1 k.UVCIJIICCL 146'1"1 I- Li BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2018 -Utility Permit - Wckson Road and Brige NUMBER: Creek SUD - Hicks Lane -10 feet northeast of FM 158 DATE OF COURT MEETING: 3/27/2018 ITEM: Consider and take action on the Wickson Creek Special Utility District utility permit to construct a 40' road bore for a 12 inch water line crossing under Hicks Lane 10 feet northeast of FM 158. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Site is located in Precinct 2. TO: FROM: DATE: FISCAL IMPACT: Commissioners Court Darrell Kolwes 03/21/2018 False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS File Name Description Type Utility Permit - Wckson Creek SUD - Utility Permit - Wckson Creek SUD - Hicks Lane - 10 feet northeast of FM 158.pdf Hicks Lane- to feet northeast of FM Backup Material 158 �P� Duane Peters Date County Judge ( Vol. Pg. 3 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wickson Creek SUD [company manta], hereinafter referred to as "Company" a Texas [stare] 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 Reads 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) Hicks Lane Bored Jacked Driven Cried X Facility to Parallel County Road Within Rlaht.Of WaV CONSTRUCTION TYPE 12' Diameter 0.943" Wall Thickness Material Specification AVJWA C900 CL305 PVC Maximum Operation Pressure 305 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 Said rnnefmrtinn /wnr4 within 19n tr nmDA NV MrtQT C11 ry M it —..h construction is not begun by the 60iD day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. 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. Lu the event Company falls to obtain a permit prior to the installation or does mot install utilities in compliance with installation requirenteutssetforth herein (f.e. depth, location, etc), Company assumes alljfnancial responsibltty for damages and/or destruction of lines, cables, etc based upon its fallure to comply with Brazos County requirements. Applicant agrees that If Brazos County dernonstrater 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 tie policles. TIP Is permit Is a revocable permit. Brazos County reserves Ilse right to revoke this permit at any time, In the sale discretion of Brazos County, for Interests of public health, safety or welfare, or for fall re to repair any damages upon demand, or for any other reason deemed suJTclem by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth hereln, die County may take such action as It deems appropriate to compel compliance. The County Enghreer further retains the right to revoke thlsPennit by verbal notl7caton to the Applicant/Cornpany. Failure to obtain this perndt and/or not#ythe County Engineer's OfJlce within 14 hours of beginning construction shall constitute grounds forjob shutdohwt. 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. Wiekson Creek SUD Company Name Kent Watso / Signature General Manager Title 8770 E. State Hwy 21 Address Bryan TX T7808 City State Zip (979)589.3030 Phone Number watson@W cksoncreek. com Email: Vol P1. 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 3-0'7 O / except as noted below: (Month/Day/Year) EXCEPTIONS: Vol. pg. ROAD RIGHT-01`4U4Y LIN E OF UI J 1 ROAD RUNT-0F�UgY 11 0 SHOW NORTH ARROW PLAN VIEW CENTER LINE Ls 4 b Iii T { AD TYPICAL SECTION COUNTY RO 1. IN CROSSING ROAD OR GOING AL0I40 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 AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION c CL a A - \�- �- PON A oy � Covell,:' A - \�- �- oy � 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 I. 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 over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. Vol. a ) / Pg. 4a 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 Teras Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and eased. 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 — 0-2 feet, nominally I' Phone — 24 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if lett 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 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints. 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; Voi. / P9 7 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. Earergency work I. 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 and Road & Bridge 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 I. 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 designated representative and a permit has been obtained. G. Relocation of utilities: I. 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. Vol, __' .71 _ p9• It. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch tirade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. melt JI Pg. % < tTw a 6TYa15. .. on..IlzinY O.+la. ii ® iia` Y1°Iwr`0nlul rronm IWlrm 07:1—d Il.Plp atom 0.T0 Id1ml. Agpemle N mlmm stP IYLLl1 1 IfimE.n.ia .Mlm. n.. IQTMIIc Fj� I 120' T T)mOear L• W 200 IIS' 3(S' ]5• 10' iW IM• �Ye ISS' iS 195. 510• 0. r5' \) 520' s IJY mlw.is 5w. !m' f50. 600' 9 M IM RO• 1 NO' =5 L•15 SSO' i0S' ifA' SS' 110' S00' 295' 600. 6b' 130' 60' 130' ca¢le Y• S iL' lYl.y- TCP f2 -1a) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2 -Ib) WORK SPACE ON SHOULDER Conventional Roads TCP (2-1c) WORK VEHICLES ON SHOULDER Conventional Roods LEGEND tTw a 6TYa15. .. on..IlzinY O.+la. Ymlel. � ® iia` Y1°Iwr`0nlul rronm IWlrm 07:1—d Il.Plp atom 0.T0 Id1ml. Agpemle N mlmm stP IYLLl1 s SIP IQTMIIc Fj� I 120' p' ba F Ivwla •I.lu Mllmla 1 FF..YnF Ir n- n• paylm blY Ylnl.w lWJlpp yam bll�p ymlm 1pylMlnal YID hu• m. a. 61oe., v N ) 130' lit• 160' >a' da' I 120' 9a' JS a L• W 200 IIS' 3(S' ]5• 10' iW IM• Iq' ]!5' 720 601 210• ISS' iS 195. 510• 0. r5' 520' 195' SO 5w. !m' f50. 600' 50' M IM RO• 1 NO' =5 L•15 SSO' i0S' ifA' SS' 110' S00' 295' 600. 6b' 130' 60' 130' 600' ]50' 60 6f 650' 115' 1L0' 6S' I]0' 100' 110' ]0 700' T10• 610• 10' 110' 600• 1)5' )5 lb' O)]• 900' TS' ISQ' f00' 510' N ieY Icntl Poem mly "Tm Ivplle IRe Dal IyimY01. L•Lt h m TMorl"I .-16 M & Qfl.Irt1 s•Poar.e ]Lvm11f111 TYPICAL USAGE emit[ f✓mf fim iIb Iat00.D1a1t 1>K 10u [uurlw naRwn )iW nattmul zbtl0uni GENERAL NOTES 1, rl.. nlmm m .Iw.Im. ImaS m •lmlLm x •11 Ferrtc mitral O.Iw tllletrSvl m Ij{111Ty" oast }my m�a.Im ma trl.pl. peel ay e W nn a.n .Mn In Ip .loq T IT mew mlmama 44 .vl Ilw•n tr M. tm 1111. 1 slealta YTin rwle m plllm.dnlmn b fen frm IN.11 C Y01.1. wry ipb. ANI. n0 ib ..I, L.aplry mMllO. II.nNe mIIIA1pT 1IIOAI. • Sleb Y. ffl0. ll0IIe111 b mm T/!Im 11 . m. b mn11.W b n Im Im Iml In m.em OI f.a ei n an .A as •N.y11 mlafLll nfslip Ila W)TmvT 001)ry n In• 1 It aba Tam moat Tuert M l.m T 3II em111YY talo I. 110,41 .Pimm N Dain In Dime )/p ] 6TImf. T I Caa.11.lp Arita my a .m11Mm /T fh 9e5n• Wnlm ou lel. S amllia0l 99M YNaln.la 11N• m) m pelllvw M Yfmt....1 h }Iw mO In s¢f Iv pvlsl a nOc v Lp L Sw IV IYII fp yplir aL m pin0f 11104IF aPwO•aY. W pNgv ). Ini1N. gt.m¢1� T nmr.ml.ta. ren. w YYSN 'To," 1..T INe ml ml m9m m ll. 1. umler. a tltl•I'pNA10 in Ilw ml ma.1 M... A 0)110 '!W RA Yia]' ilea fT Ih110r .O1 m mnenlmal IKVn)6 PT Tu¢T awtmlt of TlmLswcflP TNIk 9an.lr II.N.1 TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP(2-1)-12 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS rage i of 1 U DEPARTMENT: CC 2018 -Utility Permit - Wckson Road and Bridge NUMBER: Creek SUD - Elmo Weedon Road - 10 feet northeast of FM 158 DATE OF COURT MEETING: 3/27/2018 ITEM: Consider and take action on the Wickson Creek Special Utility District utility permit to construct an 80' road bore for a 12 inch water line crossing under Elmo Weedon Road 10 feet northeast of FM 158. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/21/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 File Name Description Type Utility Permit - Wckson Creek Utility Permit - Wckson Creek SUD - Elmo Weedon Road - 10 feet northeast of FM 158. ad f SUD - Elmo Weedon Road - 10 Backup Material feet northeast of FM 158 Duane Peters County Judge FV01. % P9- ��/ 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 Wickson Creek SUD [company name], hereinafter referred to as "Company" a Texas [stare] 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) Elmo Weedon Rd. 90, Bored lacked Driven Cased X Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance . CONSTRUCTION TYPE 12" Diameter 0.943" Wall Thickness Material Specification AW WA C900 CL305 PVC Maximum Operation Pressure 305 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 120 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 harmless Brazos County from and against any and all loss, damages, cost or E . 7/ _ p9 j -'—V 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 he 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. lit the event Company fails to obtain o permit prior to the Installation or does nal hustall uillides fn compliance with installation requirements set forth herein (Le depth, location, etc), Company assumes all financial responsibilityfor damages and/or destruction oflines, cables, eta based upon Mr failure to comply with Brazos County requirements. Applicant agrees that If Brazos County demonstrates a violation ofthe terms of thus policy, Applicant .stipulates that requislies for hrjunctive relief evist 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, hi the sole discretion of Brazos County, for interests of public health, safety or welfare, or jar fallure to repair atty damages upon demand, or for any other reason deemed sujjicient by Brazos County. In the event Company falls to comply with any or all of the requirements as set forth heraln, the County may take such action as It deems appropriate to compel compliance. The County Engfneerf urther retains the right to revoke this Pernik by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds forjob shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the condiltons/provisions included in this permit. Wickson Creek SUD Company Name Kent Watson By. _. Signature lam` Genera! Manager Title 8770 E. State fury 21 Address Bryan TX 77808 City State Zip (979) 589.3030 Phone Number walson@vAcksoncmek.com Pg. WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 3 —a.a — / a except as noted below: EXCEPTIONS: o t.e (Month/Day/Year) Brazos County Road Administrator Vol. 1 Pg. �� ROAD R CENTER j J ROAD RIGHT: OMMAY d Ifjj PLAN VIEW CENTER LINE l(o rnrw. TYPICAL SECTION 0 SHOW NORTH ARROW _ b T COUNTY ROAD El ej° e l e"J' 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 ANDfOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION 6 a a :. s ;.� kv� } +y^ 'r i;r �n Iifffjtg Y1 �' p y T� ����AL' ♦• al�i--r er . �/a� 4, R ^XL 1 nity 1 Y�Y��� .14 f.}i:�e�OAa •+i� � � InY5.9i'Y F .y a q9.Y� r It I 33 `RYA i .`. 9,4 k " ft d � Iv r� y L Fy R TY� F '� � ,'•�i t, •J ��pp��r"7" Yom] , v ? a s f 17 7ir�• � ' i�d 'r" t • o, r 3 n ��S - 7fQw ! p+ tt C NW M �y3 T� � S $ Pfi4 •w"�,.Y° .P �i r s :' ,r LY' .r � � 3 - y POPr r rt ; ^.. r� � r,•) }. tA'x 'fir %ai, �'� �ttY� x 2vvNX ?>T 4 Y J n • t6' - rte. �✓y;. 1 i 1�•� r a'F J x .. A 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. a, Ade„nre nrnviciens must he matte to cause minimum incnnveniences to traffic and adiacent nropery owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; ?. Plan must be attached to the permit and kept at the job site anytime work is being performed. Vol. ) 71 Pg l___ 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 /8!.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and eased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power -0-2 feet, nominally V Phone —.24 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less then 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 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; F ; 7 / Dg. _ 5 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 notjeopardize 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 Conswction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way. and ,inahle to nntifv thr Cnanty Enninarr nrinr tp ennrtllrtina omorrronry ronunc J`- .." cl;alf notify County Engineer within 24 hours of beginning constructiontrepairs. This will allow the County Engineer and Road & Bridge 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 I. 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 designated representative and a permit has been obtained. G. Relocado» of ruilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth 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 The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. voi. Wzs N,u I � I I IIMp 71N6 VIFAD I n 1 i E ' h� I �h I IN.N i/ lmd %. I 0 I �i^ If 5f ISY Ivto/ 1 f ]I I ♦ I s�bi hh�^ I I $ ' i ROAD I npAA AXFM ' [Ro•Ip R" I Q Inpw- V 5n ror IS I TCP (2-1 a) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2 -Ib) WORK SPACE ON SHOULDER Conventional Roatls ,�I M6.11 ISI X14 s k `hJ�L=o I MIGIM I YI Ing IYvq b4./1101! 1.9 Wly.ply IwjWl TIYIIC YunMJ fldTlrq l/. pY fY1Ya I i Sfp bI611Vy I (N FIM YNI�/�In fn I i10m0.v] (R ♦• 6r mono b Ilalnp p.lr0 I M a• x la• ♦ am nA 0 LEGEND N ColrtnnmN !wU Pll! 4'Nllml/ IYvq b4./1101! 1.9 Wly.ply IwjWl TIYIIC YunMJ fldTlrq l/. pY fY1Ya � .P1eD1. O1mYW1. M ly..py slpl IIO61 i Sfp TMtlp Glw (N FIM •.y IfIddw, (S.1. 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W. f'Im 1 fm0011m a6Pla1 am10 b 91m0 a Nnb11 N m Irl fray I nmll lmmla +l• IW0"nrAl flmnip, 1.111 i 1'er 1, 1.¢IImrI P/hub 110n4 a9`a>m lIm? NmaIY1 TMra.p Ilh b utl ayNla 11 WI b Iglllvef y le I W In ftlMI 0. 0 m mp m P.. abw. fft p INICIIry to OfI I If mrlamO P m11tr IN tr.prL If aM PI ro IYOP Ql1mt 9' molP3 ualllm rrylm Ib1301,10 c,w, bngln In pimp ilaf J Iprfmm/ P.I.] OatYlilly ¢111.1. mf m i rIWIL6/f(P,'SI"..1. eE 1>4 L bllllavl 8qa. 'MI". .1. f1Y ma r mlltivml Nf fb pM} l hml In �m Ip pp1t1 a.lhf 81160 -I, ~ [ 4! IOIf•II IP RmIIOR ql m a1N6! O1ytg4 CTIY.m! 13.7 4 Irrs 4 .mR wnI<IM P pmP b p1W IV IM1 rlwt l•m011ro p6 r.1 DPmm I m/oamicb•. MI -I is L lIIl-5'116110 �' IIpY mf h mp In 91m N tlll•1! I .pa ms 11Gp' ltpp IP Yv11o: vY m mvnlml fPb•04 I is tmatllollm P mI06n10rY mmme rPS. Im0lfle YaIM na71�wr11/ fP Ylope. MlplN Im p/ (yN I 10 1M ROlml GafA4 106 (P Ill ]Or, y x I 6m/ppm/, !I♦v me TMf10 Xaell.q a TCP (2-1c1 WORK VEHICLES ON SHOULDER Conventional Roads naFru. w6cE prTwas Oy6ftp6Nd TrplupD7ollm iM1p4� Oran TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-I) vrtf slmr Sort im uraomun lac 71w 66Yna1 srmwn rllu srmvm snnpum 5M S�M FO M 1� TviT -12 11 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of MAK, A,D. 2018 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this � day of , -e, AZ Steve Aldrich, Commissioner Precinct #1 Commissioner Precinct 42 Treasurer's Report for the MONTH JANUARY 2018 JANUARY 2018 TREASURER'S REPORT This report is submitted as true and correct to Commissioners Court by/� 2LU1i✓I.�a�,, Brazos County Treasurer, on CASH BALANCE 12/31/2017 INCOMING INVESTED TEXPOOL INTEREST -Jan SUB -TOTAL DISBURSED CASH BALANCE 1/31/2018 INVESTED CHACCT.BAL. 1/31/2018 0100 - GENERAL FUND 50,621,329.15 25 91fi 231.90 15,3D1.20 76 752 862.25 7,642,349.27 69 110 512.98 16 427,484.96 52,683.U28.02 0200 - COUNTY HEALTH ENDOWMENT FUND 587,054.54 253.36 587 307.90 587 307.90 587,3G7.90 1100- HOTEL OCCUPANCY TAX 1944776.45 223,377.28 2,168,153.73 20,865.90 2147,287.83 2,147287.83 1200 - STATE LATERAL ROAD 60 427.71 26.08 6045379 60 453.79 60,453.79 1300 - UNCLAIMED FUNDS 210,511.34 90.85 210,602-19 210,602.19 210 602.19 1500 - LAW LIBRARY 85,813.22 4,449A9 90 262.71 11,524.16 76,738.55 - 78 738.55 1600- LOCAL PROVIDER PARTICIPATION 9761335.01 4212.76 9,765 547.77 20,000.00 9745,547.77 - 9,745547.77 1700 - ALTERNATIVE DISPUTE RESOLUTION 2764.56 3,129.35 51893.91 2,764.56 3,129.35 3129.35 1800-LEOSE FUND 47412.22 47,412.22 742.68 46669.54 46,669.54 1900 - COUNTY RECORDS MANAGEMENT 373 235.05 6,123.47 381358 52 12 036.98 369,321.54 369 321.54 2000- COUNTY CLERK MGMT.FUND 790315.48 37438.47 827,753.95 24,070.87 803,683.08 803683.08 2001- COUNTY CLERK ARCHIVAL FUND 1356,123.59 27,075.27 1,383,198.86 1383198.86 1,383,198.86 2200- COURTHOUSE SECURITY FUND 292,093.25 7.442.87 299536.12 28873.79 270,662.33 270,662.33 2201 - JUSTICE COURT SECURITY FUND 75 09.64 1,460.23 76 769.87 76 769.87 76 ,769.87 2300 - DISTRICT CLERK MANAGEMENT FUND 192 386.55 1426.52 193 813.07 193,813.a7 193 813.07 2301 - DISTRICT CLERK ARCHIVAL FUND 80 484.60 1,561.27 90,045.87 1461.19 88,584.68 88 584.68 2400-IUSHCE@PEACE -TECHNOLOGY FUND 160004.82 4249.69 164,254.51 143.69 164110.82 164110.82 2401- CO.& DIS LCOURT TECHNOLOGY FUND 65,433.71 707.84 66,141.55 66141.55 66,141.55 2500- SPECIAL FORFEITURE FUND 21,066.57 9.09 21075.66 21075.66 - 21,075.66 2600 - D/A HOT CHECK COLLECT FEES 2,942.93 1.27 2,944.20 2,944.20 2.944.20 2700 - BAIL BOND BOARD FEES 91,851.55 1039.64 - 92 891.19 92,891.19 92,891.19 2800- VOTER REGISTRATION 11257,12 4.86 11261.98 11261A8 - 11261,9B 2900 - VIT INTEREST FUND 195 020.23 1293.53 - 196,313.76 196 313.76 - 196 313.76 3000 - COUNTY GRANTS 63,368.17 1 166 174.76 Z29,542.93 157 647.67 71,695.06 71,695.06 3400 - DIA CRIME FUND 153,530.39 6,747.01 160,277.40 6.661.39 153 616 01 153 616.01 3500- PRIMARY ELECTION SERVICES 23,380.70 4,885.12 28 265.82 119.20 28,146.62 28 146.62 3901 - BC HOUSING FINANCE CORP 56,397.31 1424.34 57 821.65 7,657.76 50,163.89 SD 163.69 4315- 2015 CERTIFICATES OF OBLIGATION 1195905.67 516.12 1,196421.79 22114.58 11743D7.21 1,174307.21 431]- 2017 CERTICATES OF OBLIGATION 20,328,722.61 8,773.38 20337,495.99 $995A6M138,100,9�35 500.93 20,328500.93 4500- GENTERMANENT IMPV. 21 133,441.38 36 ,375.67 21 169 817.05 15203.90 291 613g2,759,107.01 20,B76,203.90 5000 - HEALTH & LIFE INSURANCE 6,372,010.30 1,352 403.02 772441332,158.84 6,420,158.84 6000 - PAYROLL 983,165.47 2,77S,493.65 3 758,659.12552.11 999,552.11 9100- HEALTH DEPARTMENT 1092,581.64 262356.51 1,354936.15807.57 1144.807.57 9700 COMMUNITY SUPERVISION 1 160 193 79 249 948 &D 1 410142 39773 72 1 120 773 72 TR OFACCTS IN POOL 119799 646 72 31 108 703 27 15 301 20 150 923 65119.48 35 16 427,484 96 121 673 463 39 4100 GEN OBLIG DEBT SVC 13 fi14 fi49 1t 649 1 13 614 fi49 11 130,522,828.49 34,000,1]0.61. 15,301.20 164538,300.30 12,822,702.8497.46 16,427,484.96 135,288,112.50 This report is submitted as true and correct to Commissioners Court by/� 2LU1i✓I.�a�,, Brazos County Treasurer, on 22 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO.17/18 25.1-25.10 On this the 27th day of March 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 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27th day of March 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 necessityto 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 27th day of March 2018. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Va. 7l P9' �� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 1711 B - 25.1 3/27/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Improvement Fund Capital Projects Capital Outlay 1,059.75 Gcneml Permanent Improvement Fund Other financing Uses 105975 General Fund Other Financine Uses 1,059.75 General Fund Road & Bridoe Adminis"tion Minor Ac uisi6ons 1,059.75 ACCT DRICR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 1059.75 4500 91300000 DR Transfer to General Fund 1,059.75 0100 49015000 CR Transfer from Capital Imps Fund General Capital Improvement and Road & Brld�e M00 Reallocation of funds to the appropriatu account to purchase a radio for inside the Dump Truck for R & B. 67890000 a nta; ,� nnm Vehicle Equipment PP � m t �C' Go rityIuLgge Approvafn`k vd._ pg. J. FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 1059.75 4500 91300000 DR Transfer to General Fund 1,059.75 0100 49015000 CR Transfer from Capital Imps Fund 1,059.75 M00 56001000 67890000 DR Vehicle Equipment 1059.75 vd._ pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.25.2 31271 a, a FUND DEPARTMENT General Fund Commissioners' Court General Fund Constable Pct. #1 General Fund Constable Pct. #1 DIVISION No, -Departmental CATEGORYVDESCRIPTION Minor Ac uisitions De artmental Su ort Minor Ac uisitions Increase Decrease 2,250.00 27.50 2267.50 DIV 11000300 30101100 30101100 ACCT 67890000 60320000 67890000 DR/CR CR CR DR ACCOUNT NAME Increase Decrease Vehicle E ui ment 2250.00 Firearms Readiness - 17.50 Vehicle uipment 2,267.50 Commissioners' Court and Constable Pct. #1 Reallocation of funds to the a --pnate account to urchase a radar far a anal unit in Constable Pct. #1. For.Accountin.'P,ue,..M '._ FUND 0100 0100 0100 DIV 11000300 30101100 30101100 ACCT 67890000 60320000 67890000 DR/CR CR CR DR ACCOUNT NAME Increase Decrease Vehicle E ui ment 2250.00 Firearms Readiness - 17.50 Vehicle uipment 2,267.50 va. ,� 7 I P9• BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 17/18 - 25.3 3127/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease JP Technology Fund JP Technology Fund Contractual Services 2,500.00 JP Technology Fund JP Technology Fund Departmental Su ort 2,500.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 2400 24005000 71025000 CR Contract Services 2,500.00 2400 24005000 60500000 DR Equipment & IT Enhancements 2500.00 JP Technology Fund Reallocation of funds to the appropriate account to purchase the software confi tion update for ucketwriters. F6r6eco5ntluv'Pn`r X06¢6 (Sl�k..,r_ Jaa 1Y .. ,...kJN�i� _i .•,+�sn.r. k'; a'k��.�£5 i ...,i°a i -N Jf� j.,. tr.LL.r's., FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 2400 24005000 71025000 CR Contract Services 2,500.00 2400 24005000 60500000 DR Equipment & IT Enhancements 2500.00 E ? 7 / Pg. �y ✓ ! BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 25.4 312 712 01 8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners Court Non -Departmental Minor Acquisitions 11.79 General Fund County Attorney Minor A<uisitions 11.79 FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11000500 67342000 CR Furniture 11.79 0100 18000100 67342000 DR Fumimre Commissioners' Court and County Attorney Reallocation of funds to the appropriate account to pay for the chairs ordered from Wilton. Invoice was in the amount of$I 268.86, but the PO was only for$I 257.07. ForAec'aunlini�lPuses:Oul.:.ra &.t.s«v'4,. FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11000500 67342000 CR Furniture 11.79 0100 18000100 67342000 DR Fumimre 11.79 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.25.5 312712018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Juvenile TYC Parole RcpaiT&Maim. 600.00 General Fund Juvenile TYC Parole Departmental Support 600.00 FUND DIV ACCT OR/CR ACCOUNTNAME Increase Decrease 0100 31010000 65310000 CR Equipment - Maintenance 600.00 0100 31010000 60030000 DR ClothingfUmfoms 270.00 0100 31010000 60500000 DR Equipment & IT Enhancements 330.00 Juvenile - TYC Parole Reallocation. of funds to the appropriate account to to lace surveillance flashlights used by arole staff and to purchase meather'ackets for parole staff. I Vol•'Q. .. ......._ i I "NU FUND DIV ACCT OR/CR ACCOUNTNAME Increase Decrease 0100 31010000 65310000 CR Equipment - Maintenance 600.00 0100 31010000 60030000 DR ClothingfUmfoms 270.00 0100 31010000 60500000 DR Equipment & IT Enhancements 330.00 I Vol•'Q. .. ......._ i I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18 - 25.6 312712n18 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Gencral Permanent Improvement Fund capital Pro ects Capital Why 4,842.09 General Permanent Improvement Fund Election/Medical Clinic Renovations Capital Outlay 494269 ACCT DRICR ACCOUNTNAME Increase Decrease 4500 63000500 80286000 CR Equipment- Other 4 842.09 4500 - 63210020 80100000 DR Buildings 4,842.09 General Permanent Improvement Fund Reallocation of funds to the appromiare account to purchase additional access control and pariedevices for the Elections/Employee Health Clinic(McLeod Building . F'o[Acco'"untie'-'PU€ "'SCs O'nlYsfn' ..5.'ilf.`'".k„ 1z rs.,iw%5".- .. Civ rek0s..2k"t4;"=r FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 4500 63000500 80286000 CR Equipment- Other 4 842.09 4500 - 63210020 80100000 DR Buildings 4,842.09 Vol. 7i Pg. BRAZOS COUNTY, TEXAS BUDGETAMENDIVIENTS No. 17/18 - 25.7 FUND DIV ACCT DPJCR ACCOUNT NAME Increase Decrease 5000 46023000 CR Donation - Other 50.00 5000 64005100 60010000 DR Donated Properry -No Tag 50.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.25.8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION e7 Increase Decrease General Permanent Improvement Fund Capital Projects Ca ital Outla 010.36 General Permanent Improvement Fund Other Financin Uses 1,010.36 General Fund Other Financing Uses 1010.36 Geneml Fund Juvenile Administration Minor Acquisitions 1010.36 ACCOUNTNAME Increase Decrease 4500 63000500 80890000 CR Vehicles 1010.36 4500 91300000 DR Transfer to General Fund 1,010.36 0100 49015000 CR Transfer from Capital Impr. Fund 1,010.36 General Capital Improvement and Juvenile Administration 31000100 67890000 Reallocation of funds to the appropriate account to purchase partitions for the replacement vehicle. Vehicle Equipment FaY.Accountiii :Pur be"ses'Onl R ._ uP n,r '�._ x »r ' �" r' u'ii .�i.." .r >�'bt.11.nf>.4. �3 T`w .. ✓. eiR'..... }.t?.vA`�, vH e #i1Cm vi ✓._.a1 +A-,�"�vr ai'w' FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 4500 63000500 80890000 CR Vehicles 1010.36 4500 91300000 DR Transfer to General Fund 1,010.36 0100 49015000 CR Transfer from Capital Impr. Fund 1,010.36 0100 31000100 67890000 DR Vehicle Equipment 1,010.36 Wit.. 2: % P9. 7 v BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.25.9 sn�nnaa FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Grant Fund Inter-overnmental 4,565.54 Grant Fund NRA- Constable Pct. 93 Departmental Supplies 1 4,565.54 ACCT DR/CR ACCOUNT NAME Increase Decrease 3000 48068000 CR NRA Grant 4565.54 3000 303001 60320000 DR Fireanns Readiness 2,523.54 3000 303001 60500000 DR Equipment & IT Enhancement 2,042.00 NRA Grant To recognize revenue for NRA grant received by Constable Pct. 03. sticks and ammunition. Mats and magazines will be received at the value of $692, actual check received is $3,873.54 to be used forstop pg t FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 3000 48068000 CR NRA Grant 4565.54 3000 303001 60320000 DR Fireanns Readiness 2,523.54 3000 303001 60500000 DR Equipment & IT Enhancement 2,042.00 pg t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.25.10 91971901N FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Improvement Fund Capital Projects Capital Outlay 2,162.16 General Permanent Improvement Fund ACCT DRICR Other Financing Uses 21162.16 General Fund 63000500 80890000 Other Finanein? Uses 21167.16 General Fund Sheriff Administration Minor Ac uisitions 1,513.48 General Fund Sheriff Jail Minor Acquisitions 302.76 General Fund Constable Pet. #1 2,162.16 Minor Acquisitions 172.96 General Fund Constable Pct. X2 Vehicle Equipment Minor Acquisitions 172.96 28002000 67890000 DR Vehicle Fcmilament 302.76 0100 30101100 67890000 DR Vehicle Equipment 172.96 0100 30201100 1 67890000 DR Vehicle Equipment 172.96 Capital Improvement Fund and Sheriff Administration, Sheriff -Jail, Cons table Pet. #I, Constable Pct. N2 Reallocation of funds to the appropriate account to purchase lights for patrol units. iFor AecoUnhn•,:Pur uses QiFlvr„ '.':v,:}:,. aCs,-. �.. :,K�. �»r,a.-,�'a..x,, .h an`-!--.� ^3s�4,. ?, c"4�.ra�ur �.,r�s FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 2162.16 4500 91300000 DR Transfer to General Fund 2,162.16 0100 49015000 CR Transfer from Capital Impr. Fund 2,162.16 0100 28000100 67890000 DR Vehicle Equipment 1,513.48 0100 28002000 67890000 DR Vehicle Fcmilament 302.76 0100 30101100 67890000 DR Vehicle Equipment 172.96 0100 30201100 1 67890000 DR Vehicle Equipment 172.96 i Vol, P9• �� PERSONNEL �J CHANGE OF STATUS REQUESTS Commissioner Court Date: March 27, 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 County Judge Dilday, Ky Separation Juvenile Services — Detention Moore, Misty D. Separation Road & Bridge Collins, Shantell Change of Status Sheriffs Office --Admin. Ledesma, Ricardo Lucas, Kevin E. Change of Status Separation Sheriff's Office — Detention Henley, Damon J. Roop, Amanda J. Separation Separation Approved in Commissioners' Court: MarcJ�39-29J8 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL �v�_�/ Pg -Z3 ---- ----