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Home My WebLink About2019-02-13 10:00AM SPECIAL SESSIONBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA SPECIAL CALLED SESSION L_; i`tii� if?n .ri i 11/'if'� u BRAZOS COUNTY COMMISSIONERS COURT BRAZOS COUNTY COMMISSIONERS COURT WILL MEET INA SPECIAL CALLED SESSION AS FOLLOWS: MEETING DATE: February 13, 2019 MEETING TIME: 10:00 AM Commissioners Courtroom of the Brazos County MEETING PLACE: Administration Building, 200 South Texas Ave., Bryan, TX 77803 1. Call to Order 2. Invocation and Pledge of Allegiance - U.S, and Texas Flag - Commissioner Berry 3. Call for Citizen input and/or concerns. 4. Proclamation 19-003 declaring March 28, 2019 as "Chamber Day". 5. Request from the District Attorney for a payment authorization to Perry Office Plus in the amount of $393.74 due to exceeding the purchase order amount. 6. Approval of the following job descriptions: • a. Class Code 0832, Position 10 - Temporary Attendant, Building & Grounds for the Expo Complex • b. Class Code 2859 - Intake Supervisor for Juvenile Services 7. Request from the Sheriff - Administration for the following personnel changes with effective date as of February 16, 2019. This change will have no effect on the FY 19 Sheriff Administration Budget. • a. Decrease Deputy Sheriff, Patrol - SO, Class Code 1415 Position 5, Group 22 Step 3 to Group 22 Step 2, Pay Code 026 • b. Increase Animal Control Deputy, Class Code 1440 Position 3, Group 22 Step 2 E 7Pg. OZ 0 to Group 22 Step 3, Pay Code 026 8. Approval to purchase vehicles in the amount of $126,010.25 for the Brazos County Road and Bridge Department. 9. Permission to advertise Bid #19-121 Motor Grader Blades. 10. Approval of deductive .change order for Contract #18-141 on Goodson Bend Phase I in the amount of $35,550.32 to remove the contingency that was not used. Original amount of contingency was $150,000 and only $114,449.68 was used. 11. Approval of Bid #19-095 for Renovation of Building for County Clerk Storage. Recommend award to G.A.M. Construction, Inc. 12. Approval of service Contract #CI P 19-555 with Quality Hardwood Floors, Inc for the hardwood floor replacement at the Brazos Center in the amount of $238,548.00. 13. Approval of agreement #CI P 19-608 for Roof Replacement for County Clerk Storage Building with Garland/DBS, Inc. 14. Renewal of contract #19-112R for Professional Services: Appraisers with S.T. Lovett & Associates 15. Renewal of Contract #19-120R for Mowing of County Right of Ways with Wellmann Enterprises. 16. Request permission to enter private property owned by SJ M Series, LLC located 1 mile southwest of FM 974 on Jack Creek Road. County will repair drainage area that has eroded at the end of roadway culvert pipe. Site is located in Precinct 2. 17. Request permission to enter private property owned by Lisa Leinart Six, et al on Wallin Road 2.46 miles southwest of Steel Store Road. County's surveyor will obtain topography for drainage review. Site is located in Precinct 4. 18. Request permission to enter private property owned by Stephen V. Schoeneman on Wallin Road 2.46 miles southwest of Steel Store Road. County's surveyor will obtain topography data for drainage review. Site is located in Precinct 4. 19. Request permission to enter private property owned by M. W. Sims Estate on Wallin Road 1.37 miles southwest of Steel Store Road. County's surveyor will obtain topography for drainage review. Site is located in Precinct 4. 20. Approval of the Final Plat of Winding Creek Estates Phase 1; 26.589 Acres; J.C. Stuteville Survey, A-216; College Station ETJ; Brazos County, Texas. Site is located in Precinct 1. 21. Approval of the Final Plat of Green Branch Ridge Subdivision Phase Six (6) along with request for variance to Article 7.H.7 of the Brazos County Subdivision Regulations - pertaining to storm water detention; 35.89 Acres; Richardson Perry Survey, A-44; Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. 22. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Carter Lane 560 feet E •.1 northeast of FM 2038. Site is located in Precinct 2. 23. Approval of the Final Plat of Green Branch Ridge Subdivision Phase Seven A (7A) along with request for variance to Article 7.H.7 of the Brazos County Subdivision Regulations pertaining to storm water detention; 25.24 Acres; Richardson Perry Survey, A-44; Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. 24. Expenditure Journal Entries 9 FY18-19 010131-010132 25. Tax Refund Applications for the following: • a. Kevin Revere & Mitran Trang - Overpayment $2,396.51 • b. Ridgewood Custom Homes LLC % Thomas W. Pack, Jr. - Overpayment $1,830.01 • c. Pearl Harlin - Overpayment $30.42 • d. Terry Ray Pruitt - Overpayment $40.63 • e. Philips Medical Capital, LLC % Corporate Tax Dept. - Overpayment $680.01 • f. Sara Miranda - Overpayment $53.12 • g. Brazos Valley Kidz Academy, LLC - Overpayment $211.13 • h. Linda & Timothy Page - Overpayment $100.00 • i. Gloria Medina - Overpayment $30.92 • j. Debra L Stark - Overpayment $9.00 • k. Robert A. & Cynthia A. McClure - Overpayment $400.00 • I. Larry Faucett - Overpayment $10.00 • m. Real Estate BCS - Overpayment $1,645.37 • n. Real Estate BCS -Overpayment $1,713.07 • o. Real Estate BCS - Overpayment $1,971.85 • p. Real Estate BCS - Overpayment $1,650.92 • q. Real Estate BCS - Overpayment $1,971.85 26. Budget Amendments FY 18/19 27. Personnel Action Forms 28. Sheriff's report on inmate population. 29. Call for Citizen input and/or concerns. 30. Adjourn The County Administration Building, 200 South Texas Avenue, Suite 332, Bryan, Texas 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. i Call to: Order A:special called session :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 Wednesday;. February 13, 2019 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, Absent; Nancy Berry, Commissioner of Precinct 3; rma: Cauley, Com. missioner of Precinct 4; Karen McQueen, County Clerk: The attached sheets contain the names of the citizens and officials .that were. in attendance: 2: Invocation and Pledge of Allegiance - .U.S. and Texas Flag Commissioner Beny . 3. Call for Citizen input and/or concerns. There was no. citizen's input:. 4. Proclamation 19-003 declaring March 28, 2019 as "Chamber Day". The Court, approved Proclamation 19-003 designating March 28,: 2019_, as Bryan/College Station Chamber of Commerce "Chamber. Day' and urges all citizens to express:their appreciation to our local businesses for their investment in our community. A copy of the proclamation.is attached. Vol..9.as Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 5. Request from the District Attomey for a payment authorization to Perry Office Plus in the amount of $393.74 due to exceeding the purchase order amount. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 6. Approval of the following job descriptions: • a. Class Code 0832, Position 10 -Temporary Attendant, Building & Grounds for the Expo Complex • b. Class Code 2859 -Intake Supervisor for Juvenile Services A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 7. Request from the Sheriff -Administration for the following personnel changes with effective date as of February 16, 2019. This change will have no effect on the FY 19 Sheriff Administration Budget. • a. Decrease Deputy Sheriff, Patrol - SO, Class Code 1415 Position 5, Group 22 Step 3 to Group 22 Step 2, Pay Code 026 • b. Increase Animal Control Deputy, Class Code 1440 Position 3, Group 22 Step 2 to Group 22 Step 3, Pay Code 026 A copy of the personnel changes is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 8. Approval to purchase vehicles in the amount of $126,010.25 for the Brazos County Road and Bridge Department. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 9. Permission to advertise Bid #19-121 Motor Grader Blades. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 10. Approval of deductive change order for Contract #18-141 on Goodson Bend Phase I in the amount of $35,550.32 to remove the contingency that was not used. Original amount of contingency was $150,000 and only $114,449.68 was used. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 11. Approval of Bid #19-095 for Renovation of Building for County Clerk Storage. Recommend award to G.A.M. Construction, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid 19-095 Renovation of Building for County Clerk Storage to G.A.M. Construction, I nc. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 12. Approval of service Contract #CI P 19-555 with Quality Hardwood Floors, I nc for the hardwood floor replacement at the Brazos Center in the amount of $238,548.00. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Service Contract CIP 19-555 Hardwood Floor Replacement for Brazos Center to Quality Hardwood Floors. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 13. Approval of agreement #CI P 19-608 for Roof Replacement for County Clerk Storage Building with Garland/DBS, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Service Contract CIP 19-608 Roof Replacement for County Clerk Storage Building to Garland/DBS, I nc. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 14. Renewal of contract #19-112R for Professional Services: Appraisers with S.T. Lovett & Associates A copy of the renewal contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 15. Renewal of Contract #19-120R for Mowing of County Right of Ways with Wellmann Enterprises. A copy of the renewal contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 1 16. Request permission to enter private property owned by SJ M Series, LLC located 1 mile southwest of FM 974 on Jack Creek Road. County will repair drainage area that has eroded at the end of roadway culvert pipe. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 17. Request permission to enter private property owned by Lisa Leinart Six, et al on Wallin Road 2.46 miles southwest of Steel Store Road. County's surveyor will obtain topography for drainage review. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 18. Request permission to enter private property owned by Stephen V. Schoeneman on Wallin Road 2.46 miles southwest of Steel Store Road. County's surveyor will obtain topography data for drainage review. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 19. Request permission to enter private property owned by M. W. Sims Estate on Wallin Road 1.37 miles southwest of Steel Store Road. County's surveyor will obtain topography for drainage review. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 20. Approval of the Final Plat of Winding Creek Estates Phase 1; 26.589 Acres; J.C. Stuteville Survey, A-216; College Station ETJ; Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 21. Approval of the Final Plat of Green Branch Ridge Subdivision Phase Six (6) along with request for variance to Article 7.1-1.7 of the Brazos County Subdivision Regulations pertaining to storm water detention; 35.89 Acres; Richardson Perry Survey, A-44; Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 22. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water' line crossing under Carter Lane 560 feet northeast of FM 2038. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 23. Approval of the Final Plat of Green Branch Ridge Subdivision Phase Seven A (7A) along with request for variance to Article 7.1-1.7 of the Brazos County Subdivision Regulations pertaining to storm water detention; 25.24 Acres; Richardson Perry Survey, A44; Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 24. Expenditure Journal Entries • FY18-19 010131-010132 A copy of the journal entries is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 25. Tax Refund Applications for the following: • a. Kevin Revere & Mitran Trang - Overpayment $2,396.51 • b. Ridgewood Custom Homes LLC % Thomas W. Pack, Jr. - Overpayment $1,830.01 • c. Pearl Harlin - Overpayment $30.42 • d. Terry Ray Pruitt - Overpayment $40.63 • e. Philips Medical Capital, LLC % Corporate Tax Dept. - Overpayment $680.01 • f. Sara Miranda - Overpayment $53.12 • g. Brazos Valley Kidz Academy, LLC - Overpayment $211.13 • h. Linda & Timothy Page - Overpayment $100.00 • i. Gloria Medina - Overpayment $30.92 • j. Debra L Stark - Overpayment $9.00 • k. Robert A. & Cynthia A. McClure - Overpayment $400.00 • I. Lary Faucett - Overpayment $10.00 • m. Real Estate BCS - Overpayment $1,645.37 • n. Real Estate BCS - Overpayment $1,713.07 • o. Real Estate BCS - Overpayment $1,971.85 • p. Real Estate BCS - Overpayment $1,650.92 • q. Real Estate BCS - Overpayment $1,971.85 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 26. Budget Amendments FY 18/19 20.1 Reallocate funds for Justice of the Peace, Pct. 4 20.2 Reallocate funds for County Court at Law#1 20.3 Reallocate funds for County Clerk 20.4 Reallocate funds for Records Management 20.5 Reallocate funds for Road & Bridge 20.6 Transfer funds from Non Departmental to Information Technology Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 27. 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. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 28. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 628 inmates in jail, 534 inmates are male and 94 are female, 43 have electronic monitors and 15 are pending for monitors. 29. Call for Citizen input and/or concerns. Commissioner Berry reported that she and Commissioners Aldrich and Cauley traveled to Austin with the Chamber of Commerce on Tuesday, February 12th to meet with members of the legislature and push their agendas. Judge Peters stated that he traveled to Washington D.C. this week. He spoke with a Commissioner from Kansas that is going through the same frustrations concerning property tax reform. Commissioner Berry announced that Commissioners Court would have a Special Called Session on Friday, February 15, 2019 at 4:00 pm to approve claims. 30. Adjourn Vol. ( Pg. -alt The foregoing minutes of the Commissioners Court Special Called Session held February 13, 2019, have been examined and are approved in open Court this the 5th day of March, 2019, in Bryan, Brazos County, Texas. 1� �: ), L Duane Peters County Judge Y'��Z"V7!A�- y C ena Commissioner, Precinct 2 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 P2 1 oT BRAZO S COUNTY CON4NHSSIOl R'S COURT Name (PLEASE PP D\T Organization (PLEASE PRINT) -91�-��Y,�""-� �=- ti( In - aW �q the cities of Bryan and College Station, Texas and Brazos County, Texas have benefited from the many leadership, legislative, educational, economic development and community development programs and activities of the Bryan/College Station Chamber of Commerce; and �. the Bryan/College Station Chamber of Commerce has unceasingly promoted quality growth and development for our community and has been a -driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs, and a positive vision of the future; and the Bryan/College Station Chamber of Commerce has distinguished itself as the voice of business in our community and has sought to achieve successful results for our entire community in a cooperative spirit with both cities and other organizations; and (�,; the Bryan/College Station Chamber of Commerce has faithfully served our communities for over 100 years, striving to enhance the economic well-being of the businesses in our communities; and G) M. the Bryan/College Station Chamber of Commerce has chosen March 28, 2019 as a day to make the community AWARE of the Chamber and its programs, to become AWARE of the issues facing our businesses, to express its APPRECIATION to our local businesses for their investment in our community and to extend an invitation to non-member businesses to have ACCESS to the programs and activities of the Chamber by joining the more than 1,500 current members of the Chamber who are committed to our community. 9%Q �j�,yfvw.. I, Andrew Nelson, Mayor of Bryan, Texas, and I, Karl Mooney, Mayor of College Station, Texas, and I, Duane Peters, Brazos County Judge, do hereby recognize the day of March 28, 2019 as: Bryan/College Station Chamber of Commerce "Chamber Day" CITY OF YAN CITY OF COLLEGE STATION=ZOSUNTY rew Nelson, Mayor Karl P•. Mooney, Mayor Duane Peters, County Judge '^ Brazos County Template Revision 1.2 =15/2072 Job Description oG�rr OF e�PCreated: September 2018 Class Number: 2859 Title: Intake Supervisor Pay Group: 18 Department: Juvenile Services FLSA Status: Non Exempt Reports To: Deputy Director Approved Date: 10/01/2018 EEOC Category: Professional General Summay: This position provides oversight of all intake services on youth admitted and processed into the Juvenile Detention Center. This position shall direct, supervise and coordinate their assigned unit in accordance with departmental policies and procedures, directives of the Court, and applicable state and federal statutes. Essential Duties: Oversees the planning, coordinating, and implementing of programs to meet the admission and processing needs of youth under the jurisdiction of the juvenile probation department. Performs and coordinates daily activities related to Intake Services and duties; including performing suicide risk and other risk/needs assessments mandated by standard or departmental policy. Maintain all necessary logs and computerized system required documentation; ensuring accuracy of all data. Generate court reports as required, serve summons as needed, and be available to appear in court. Ensures overall cleanliness of the Intake area; assists with inventory of juvenile property as well as inventory of paper, clothing and other detention supplies. Adhere to Texas Juvenile Justice Department (TJJD) standards in the management of assigned cases. Assists with and conduct staff training and development. Assists in developing and implementing new programs. Makes timely and accurate audits of youths' files as required by the department. Ensures juvenile records and files meet TJJD standards and assists with departmental audit preparations. Maintains current knowledge and practices related to all intake procedures; including Prison Rape Elimination Act elements and mandates related to Intake services. Produces monthly reports and statistics. Actively participates in weekly and monthly staff meetings. Coordinates with other department staff, service providers, medical services, transportation services, etc., as needed.- Provideg court testimony as directed. Responds to emergency situations on a 24—hour on-call basis, subject to irregular work hours. Follows all estblished policies, procedures, and practices of the department. Abides by the TJJD's Code of Ethics and Standards of Care. Maintains security and confidentiality of all case information, files, and chronological notes as required by the Texas Family Code, Federal Confidentiality laws, and Brazos County Juveniles Services Department's Policies and Procedures. Facilitates and participates in departmental programs, Develops and maintains professional relationships with personnel in law enforcement, schools, community organizations, and other social service agencies. Be available to Deputy Director to assist in solving any unit and division issues. Ability to make effective and informative presentations regarding the Brazos County Juvenile Services Department. Adheres to specific policy, procedure, or practice of assigned unit. Make arrests and perform restraint techniques. Maintain 80 hours biannually of approved training to maintain Juvenile Probation Officer and Juvenile Supervision Officer certifications. On call 24 hours a day, subject to irregular work hours. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other duties may be assigned. Other Duties as assigned. Supervision Received: Deputy Director Given: As needed to Probation Officers, Juvenile Supervision Officers, and Surveillance Officers. Education Required: Bachelor's degree in the behavioral sciences, counseling, education, or related field; and at least one year of experience working with at risk youth. Preferred: Master's Degree and at least one year of experience working with at risk youth. Experience Required: One year of experience working with at risk youth in a correctional, residential or probation setting. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. i - /L Preferred:I Experience with youth In the juvenile justice system. Bilingual Spanish speaker preferred. Working knowledge of {I Texas Administrative Code standards: Chapters 341 and 343; along with knowledge of the Texas Family Code preferred. Certificates, Licenses, Re istrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be' met within 30 days if employee recently moved from another state). Must maintain applicable licensure/certification: Must obtain Juvenile Probation Officer certification within six months of employment. And must pass all portions (physicallwritten) of the Juvenile Academy to continue employment or all standards related to PREA and Ethics. Preferred: N/A Ph sical Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 50 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception, and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: Foundational knowledge of youth emotional, cognitive, moral, and social development. Knowledge of facts, concepts, principles, and theories of human behavior related to justice -involved youth. Basic knowledge of alcohol and drug abuse and its physiological and social effects. Basic knowledge of community resources, assessments, interventions, and referral sources. Possess excellent verbal and written communication skills. Be able to write relevant documentation accurately. Computer, management, supervisory, and organizational skills. Ability to establish rapport with clients and family members. Possess well-developed interpersonal skills and ability to deal effectively with the public, other employees, and elected officials. Ability to complete assignments within tight deadlines. Work Environment Typical: The noise level in the work'environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazards and infections from exposure to communicable diseases; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Duane Peters �a�, COunty Judge i 1 r n � • *ry r or Class Number: ' Pay Group: FLSA Status: ~Approved Date: Position End Date: t.. Brazos County Job Description Last Updated: September 2014 832 09 Non EzemF 10/01/2018 09/30/2019 Title: EEOC P °S 'O To rnplate Raftm 1.208MO12 _ ! Temporary Attendant,_ Building & Grounds (1040 hrs.) tent: ��t Exposition Complex _ To: It. Event Supervisor, Event Coordinator- & All Managers —' ategorY: � Service / Maintenance i Temporary I 4 Employee i Signature: 1 I i General Summary: Perfarmms and monitors daily operational responslbiliNes indudingjanitorial duties, responsitigoies and maintenance of the Braios County &Fos1Von i I Complex Including satfl ig-up, cleaning and tearing -down events. (Essential Duties:"`�---- s Operates Ilghf fo"moderate equtpmert such as"tract0' with implements'f'1 6 fdls and a' 'd loaders; Sets up/ti:ars down rodeo equipment, horse stalls, cattle ties; paneb and pens;. Sete upRears down meeting and event rooms,' inctirtiing stages, dance floors,dables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, Including aw4eiping, vacuuming and taking out ! trash:•Clesns restrooma- Including using commerdalchemicals to remove Malns/odors and keeps them free of litter, Strips, waxes, buffs and scrubs floors as needed and instructed: Keeps all floors dusted; mopped;;and vacuumed; Changes Ilght bulbs and distributes supplies as necessary; Assists ` In -painting and other maintenance protects as necessary;.Raises flags daM weather pennilting, takes down flags before leaving unless otherwise ' specified: Operates a vacuum cleaner and hand deaning maledats, suppllas and equipment; Cleans windows, doors, floors, water fountains, and fumiture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and property disposes of trash; Assists visitors i in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized, Must be wiping to work various hours as needed induding some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistanUsecretary i regarding janitorial supply Inventory; Assists as necessary In inventory control Including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned. (1 Received: Event Supervisor, Event Coordinator & All Managers --. Given: This is a non -supervisory position, I P + Ex enence r Required: Preferred: Certificates, Licenses, - Ranichatinne Requ nigh school graduation or its equivalent; or any,equivalen provides the required knowledge, skills and abilities. and least one year of related work experience. The physics( demands desca'bad tare are iepresentative of those that must be 'met ani "empioyee to— successfully perform the essential functions of this job, Reasonable accommodations may be made to enable indlviduafs•with disabilities to perform the essential functions. While performing the duties of this job, the •emAyee Is regularly required to sit -use hand to finger, handle, or to feel, reach with handa and arms; bend and iineel and talk and hear. The employee frequently is required to stand and walk. The employee must frequerillj if# and/or move objects wetghhig up to 1.00 pounds, such as bags of mulch and rocks. Specific vision ablities requfred ,tor this Job indtitde dose vision, distance vision, and the ability to adjust focus. J Knowledge, Skills, & j``� -- - --- --- — l ypicat: Iamara "per or castociar ano maintenance equipment, inauding the safe use of comrnarcial cleaning ' ------ + chemicals, Ability.to follow oral and written instructions;,ability to loam the proper use of Janitorial equipment i and supplies; ability to make minor repairs;`abllity to communicate and work effectively with co-workers; ability ' to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies, T ypicat: i i ne wont environment charactensucs described here are representative of those an employee encounters while performing the essential functions of this job. • Reasonable accommodations may be made to enable Individuals with disabilities to perform the essentlaf functions. The noise level in the work environment is frequently loud.. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee Is frequently required to work.under time pressures and meet deadlines. The employee may be exposed to extra me weather 9' conditions, 1 � ` MROV M Duane Peters 3 County Judge Date BRAZOS COUNTY, TEXAS REQUESTED POSITION CONTROL CHANGES TO ADOPTED BUDGET Sheriff Administration - Prorated For the Year Ending September 30, 2019 Letter Date: 2/5/2019 Effective Date: 2/16/2019 Biweekly/ Base Increase/ Increase/ Increase/ Increase/ Increase/ Agenda Date: 2/13/2019 Basic Pay Budget Hourly Budget (Dou=se) (Doa .tt) (D�) (D�c) (D�,c) Z' Salary+ �aM Unemploy Medical/ Depart. Title Class Post. Group Steps Code flours Rate Merit Salaries FICA Retirement r ` :• �,W/Gly n meat Dental 1 Request: Decrease step by 1 From: Sheriff Administration FY 19 Adopted Sala 51610000 53100000 53200000 53800000 53900000 Medical/Flex 28000100 Depty Sheriff, Patrol - SO N.,.a22INA ZI) "�EW33 76�O�T To: FY 19 Requested to Adoption Salary 28000100 Depty, Sheriff, PatrolSO N1�415:�W91, ' .�22�: (812.00) (62.00) (118.00) (2.00) - RESULT: Decrease € ` K Actual 32,663.68 NET RESULT: (994.00) 2 Request: Increase step by 1 From: Sheriff Administration FY 19 Adopted Salary 28000100 Animal Control Deputy144Q*3z3r�`�w w 128$233L66400 x04 To: FY 19 Requested to Adoption Salary 28000100 Animal Control Deputy0 2z�3i 026'1268;25 99x33426 OU RESULT: ` Increase" wgi t Actual 33,475.12 NET RESULT: 994.00 51610000 53100000 53200000 53800000 53900000 Medical/Flex 812.00 62.00 11 B.00 2.00 - For Buda M Use $ $ - $ $ - $ - $ Total Cost $ -No G�h gesFY 72= r' Approved by: 3 J9 �� BRAZOS COUNTY, TEXAS REQUESTED POSITION CONTROL CHANGES TO ADOPTED BUDGET Sheriff Administration - Annual For the Year Ending September 30, 2019 Letter Date: 2/5/2019 From: Sheriff Administration 28000100 Animal Control Deputy To: Effective Date: 2/16/2019 Biweekly/ Base Increase/ Increasel Increase/ Increase! Increase! Agenda Date: 2/13/2019 Basic Pay Budget Hourly Budget (Dara") (D=,c—) (Dee"a") (Derreue) (D—) Salary+.'r;� UnempIoy Medical/ Title Class Post. Group Steps Code Hours Rate Merit Salaries FICA Retirement t "+WIC ment DentalDepart. 1 Request: Decrease step by 1 From: Sheriff Administration FY 19 Ado ted SalaiEX 51610000 ' 53100000 53200000 53800000 53900000 Medical/Flax 28000100 Depty Sheriff; Patrol - SO , 11115 22 4' "02,�, i d 088 8 �..; To: FY 19 Renuested to Adontion Salary 28000100 RESULT: Depty Sheriff, Patrol SO SI :1�5 22� 2? 0262088�x5'i36S2t952 00 f.-DeereaseRM"t, " (1,316.00) (101.00) (191.00) (3.00) - - NET RESULT: (1,611.00) 2 Request: Increase step by 1 From: Sheriff Administration 28000100 Animal Control Deputy To: 28000100 Animal Control Deputy RESULT:IneTe�s�tel r r NET RESULT: 1,61 I.00 Actual 52,951.68 FY 19 Adopted Salary _ Actual 54,267.12 51610000 53100000 53200000 53800000 53900000 Medical/Flex 1,316.00 101.00 191.00 3.00 - - For Budget Office Use: Total Cost $ - (leo C ngtsstoTYl9Btidge� Approved by: �3 - Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 W. DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 2/13/2019 ITEM: Approval to purchase vehicles in the amount of $126,010.25 for the Brazos County Road and Bridge Department. TO: Commissioners Court FROM: Celina Patino DATE: 02/06/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type BRAZOS CO F3G.xisx Quotes and Back Up Backup Material Pick up trucks auote.xls Quotes and Back Up Backup Material doc15666520190206151653 odf HB89 and 1295 Backup Material Back Up and Contract for RB Trucks.odf Additions Quotes and Tarrant County Contract Backup Material Duane peters County Judge w7 https://brazos.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=18583 2/7/2019 88.8 ,12EET 8&_Q3S-338 A. Xt$72:2..: 27,8 61� trlco CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light rucks Team Members — Kevin Moore - Jorge Guerra - Alan Rosner TARRANT COUNTY CONTRACT 2019-041 End User. BRAZOS COUNTY Sam Pack's Rep: KEVIN MOORE Contact: KEN CHADWICK Date. 2 519 ContactTNlEmall kchadwIck@co.braKos.tx.us Phone# 936-870-7988 Exterior Color/ Product Description: 2019 F350 CAB AND CHASSIS Interior WHITE A. Bid Series: L 5B Base Price: $ 26,355.00 B. Published Options Itemize Each Below Code Description Bid Price Code Description Bid Price AUTO/A1C Included DELETE POWER GROUP Included DELETE CRUISE CONTROL Included 2YR STATE INSPECTION Included XL EQUIPMENT GROUP Included SPARE TIRE AND WHEEL Included WHITE IN COLOR Included VINYL INTERIOR Included C. Ford Factory Published Options Total of B. -Published Options $ Code Description Bid Price Code I Description Bid Price SYNC SYSTEM $295.00 84" CA CHASSIS $495.00 D. Code Fleet Quote Description Total of C. - Dealer Published Options $ 790.00 Bid Price Code Description Bid Price WHELEN LEGACY LIGHT BAR AND FOUR CORNERS AMBER BLUE $2,176.00 KNAPHEIDE 11FT SERVICE BODY PER CUSTOMER SPECS TV3904 $23,885.00 HEADACHE RACK INCLUDED EC 3200 CRANE INCLUDED STABILIZER JACKS INCLUDED HITCH AND PLUG INCLUDED F. G. H. 1. J. K. L. M. N. Delivery Charges 0 Mlles @ $2.451mi1e Total of D. - Off Menu Options Option Discounts L Total of A + B + C + D + E = F Floor Plan Assistance Lot Insurance Coverages Quantity Ordered 2 X F= Administrative Fee Non -Equip Charges & Credits TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $ $26,161.00 $ 53,306.00 $0.00 $0.00 $ 106,612.00 $ $106,612.00 �``� ��, � �� V�' �� A � �°� � 5am Pack�,s Flve StarFo/d �x r • r �,� �� At x, ; ;� �� ,� Asa s �� ` " ,� z kt� ,�.'�, �� 9,35 5 /FI 35E�;CarroUton Te`Xas�`Y 006 � � � � e�1�•� � i F u CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks Team Members — Kevin Moore - Jorge Guerra - Alan Rosner TARRANT CO 2019- 041 End User: BRAZOS COUNTY Sam Pack's Rep: KEVIN MOORE Contact: KEN CHADWICK Date: 2.5.19 Contact TN/Email kchadwickna co.brazos.tx.us Phone # 936-670-7988 Product Description: 2019 F250 REG CAB 8FT BED 2WDR Exterior Color / WHITEInterior A. Bid Series: L3A F2A Base Price: $ 23,462.00 B. Published Options itemize Each Below Code Description Bid Price Code Description Bid Price 446 AUTO TRANS Included Power Group Included Speed Control Included 2 YEAR STATE INSPECTION FREE Included 99F 6.2 V-8 OPTION Included SHIFT ON THE FLY Included CLOTH INTERIOR Included XL PACKAGE Included SYNC SYSTEM $ 295.00 Total of B. - Published Options $ 295.00 C. Ford Factory Published Options Code Description Bid Price Code Description Bid Price Total of C. - Dealer Published Options $ D. Fleet Quote Code Description Bid Price Code Description Bid Price Total of D. - Off Menu Options $ F. Delivery Charges 195 Miles @ $2.45/mile $ 477.75 G. Option Discounts $ H. Total df A+ B'+ C + D + E = F $ 24,234.75 I. Floor Plan Assistance $0.00 J. Lot Insurance Coverages $0.00 K. Quantity Ordered 3 X. F= $ 72,704.25 L. Administrative Fee $ M. Non -Equip Charges & Credits N. TOTAL PURCHASE PRICE INCLUDING ADMIN FEE$72,704.25 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. i - 4 and 6 if there are interested parties. Complete Nos. 12 2, 3. 5, and 6 I there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number 2019-049579 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SAM PACK'S FOVE STAR FORD carrollton, TX United States Date Filed: 02/06/2019 2 Name of governmenM entity or state agency that is a parry to the contract for whit the rm s 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. 2019-041 TRUCKS VANS AND UTILITY VEHICLES 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION nn rr((�� I� . My name is �J� S OV V C `"V and my date of birth is FA 6. My address Is OW:5 a (70-,A U,A r, V b . (street) (dty) (state) (zip cads) (country) I declare under penalty of perjury that the foregoing is true and correct Executed in .�a. cis County, State of �, on the _& day of01M.) 204�. (monq (year) gnature of authorized agent of contracting business entity pedarant) r-urrus pruwueu uy i exas minics Commission vwwv.emics.srate.tx.us Version V1.1.28ab6150 ............ . House Dill 89 8 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: Sam Pack's Five Shat Authorized Company Representative: E Ferrelltanr7X�50Q8 Address: 0813) 8 FLEET9 Mein Contract M i . cowir' COMMISSIONERS COURT 2 '•'�` *.:. j COMMUNICATION REFERENCE NUMBER PAGE 1 OF 84 DATE: 01/15/2019 SUBJECT: BID NO. 2019-041- ANNUAL CONTRACT FOR PURCHASE OF PICKUP TRUCKS, VANS, AND UTILITY VEHICLES - COUNTYWIDE - VARIOUS VENDORS - PER UNIT PRICE COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court award Bid No. 2019-041, Annual Contract for Purchase of Pickup Trucks, Vans, and Utility Vehicles, Countywide, to the following vendors at the per unit price: Section 1 - Pickup Trucks Primary Sam Pack's Five Star Ford 19 of 24 Items Caldwell Country Chevrolet 17 of 24 Items Rockdale Country Ford 17 of 24 Items Lake Country Chevrolet 4 of 24 Items Reliable Chevrolet 4 of 24 Items Grapevine DCJ, LLC 4 of 24 Items Jacksboro FM LLC., d/b/a Four Stars Ford 2 of 24 Items Jim Bass Ford, Inc. 1 of 24 Items Southwest Nissan, LLC 1 of 24 Items Section 2 - Vans Primary Sam Pack's Five Star Ford 14 of 26 Items Silsbee Ford 12 of 26 Items Grapevine DCJ, LLC 11 of 26 Items Rockdale Country Ford 10 of 26 Items Caldwell Country Chevrolet 7 of 26 Items Reliable Chevrolet 7 of 26 Items Lake Country Chevrolet 6 of 26 Items Jacksboro FM LLC., d/b/a Four Stars Ford 3 of 26 Items Southwest Nissan, LLC 3 of 26 Items SUBMITTED BY: Purchasing PREPARED BY: Brandie Bingham, CPPB APPROVED BY: .��°T•. COMMISSIONERS COURT a: .� COMMUNICATION • REFERENCE NUMBER DATE: 01/15/2019 PAGE 2 OF 84 Section 3 - Utility Vehicles Primary Caldwell Country Chevrolet 12 of 40 Items Lake Country Chevrolet 10 of 40 Items Grapevine DCJ, LLC 10 of 40 Items Sam Pack's Five Star Ford 10 of 40 Items Rockdale Country Chevrolet 8 of 40 Items Holiday Chevrolet 7 of 40 Items Reliable Chevrolet 7 of 40 Items Silsbee Ford 7 of 40 Items Jacksboro FM, LLC., d/b/a Four Stars Ford 2 of 40 Items BACKGROUND: Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the Internet, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. Two hundred twenty-six (226) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. A pre-bid conference held on November 14, 2018 was attended by seven (7) vendors as well as representatives from Transportation Services and Purchasing. Fourteen (14) bids were received. Bids were evaluated by Transportation Services and Purchasing representatives. Award recommendations are to the low bids meeting specifications. The bid received from Randall Reed's Prestige Ford was deemed non-responsive for failure to sign the Vehicle Dealership Authorization .Form as required. Sam Pack's Five Star Ford did not meet specifications for Item I because the vendor bid an extended cab instead of a regular cab as required. Southwest Nissan, LLC did not meet specifications for Item 213, Southwest Chevrolet for Item 10, and Holiday Chevrolet for Item 10 because vendor delivery time was not included as required. Grapevine DCJ, LLC did not meet specifications for Item 4E and Jim Bass Ford for Item 7D because unit price was not included as required. Caldwell Country Chevrolet did not meet specifications for Item 6A because Chevrolet does not offer a pickup as required. The bids received from Four Stars Ford for Items 9A and 9B did not meet specifications because the vendor bid 3/4 ton vans instead of 1/2 ton vans. There are no award for Items 17A, 17B, 27A, 27B, 28A, and 28B because only no -bids were received. The term of the contract is twelve (12) months, effective January 15, 2019, with two (2) options for renewal periods of twelve (12) months each. ,. c°i? :s COMMISSIONERS COURT COMMUNICATION •* ••* * • REFERENCE NUMBER: DATE: 01/15/2019 PAGE 3 OF 84 Therefore, it is the joint recommendation of Transportation Services and Purchasing that Bid No. 2019-041, Annual Contract for Purchase of Pickup Trucks, Vans, and Utility Vehicles, be awarded to the vendors listed above at the per unit price. FISCAL IMPACT: Expenses for last year were approximately $687,680.95. Orders are placed on an as -needed basis. WE A �� Ir TARRANT COUNTY COOPERATIVE PURCHASING PROGRAM - CURRENTLY PARTICIPATING ENTITIES COUNTIES 103. Wood County 104. Young County 105. Zapata County Participating Entities as of 11/27/2018: Total -482 1. Anderson County 35. Grayson County 69. Navarro County 2. Aransas County 36. Gregg County 70. Nolan County 3. Armstrong County 37. Grimes County 71. Nueces County 4. Atascosa County 38. Guadalupe County 72. Orange County S. Bastrop County 39. Hardin County 73. Palo Pinto County 6. Bell County 40. Harrison County 74. Panola County 7. Bexar County 41. Hays County 75. Parker County 8. Basque County 42. Henderson County 76. Parmer County 9. Brazoria County 43. Hill County 77. Potter County < 10. Brazos County 44. Hood County 78. Randall County 11. Brown County 45. Hopkins County 79. Red River County 12. Burnet County 46. Hunt County 80. Rufugio County 13. Cameron County 47. Hutchinson County 81. Rockwall'County 14. Chambers County 48. Jack County 82. San Patricia County 15. Cherokee County 49. Jasper County 83. Schleicher County 16. Clay County 50. Jefferson County 84. Smith County 17. Cochran County 51. Jim Wells County 85. Stephens County 18. Collin County 52. Johnson County 86. Sterling County 19. Comal County 53. Karnes County 87. Stonewall County 20. Cooke County 54. Kaufman County 88. Taylor County 21. Coryell County 55. Kinney County 89. Titus County 22. Dallas County 56. Larmar County 90. Tom Green County 23. Denton County 57. Lamb County 91. Travis County 24. Duval County 58. Lampasas County 92. Upshur County 25. Ector County 59. Leon County 93. Upton County 26. Eddy County, NM 60. Limestone County 94. Van Zandt County 27. EI Paso County 61. Lubbock County 95. Victoria County 28. Ellis County 62. Maverick County 96. Walker County 29. Erath County 63. McLennan County 97. Waller County 30. Fannin County 64. Midland County 98. Ward County 31. Floyd County 65. Milam County 99. Williamson County 32. Fort Bend County 66. Mills County 100. Wilson County 33. Franklin County 67. Monthomery County 101. Winkler County 34. Freestone County 68. Nacogdoches County 102. Wise County 103. Wood County 104. Young County 105. Zapata County Participating Entities as of 11/27/2018: Total -482 DEPARTMENT: Purchasing DATE OF COURT MEET] NG: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: File Name Pay App 5 Goodson_Bend.pdf BRAZOS COUNTY BRYAN,TEXAS NUMBER: 2/13/2019 Approval of deductive change order for contract # 18-141 on Goodson Bend Phase I in the amount of $35,550.32 to remove the contingency that was not used. Original amount of contingency was $150,000 and only $114,449.68 was used. Commissioners Court Mandy Rutledge 02/05/2019 False False $0.00 Approval of deductive change orderfor contract # 18-141 on Goodson Bend Phase I in the amount of $35,550.32 to remove the contingency that was not used. Original amount of contingency was $150,000 and only $114,449.68 was used. Description Tvoe Final pay application Backup Material AMROWD Duane peters County Judge Da Contractor's Application for Payment No. 5 Contract Time: 83 Days Project No.: R4-276 Elapsed Time: 102 Days Period: 811/2018 To: 11/30/2018 Project Name: Goodson Bend Road Rehabilitation Engineer: Gessner Engineering, LLP. Owner. Brazos County Contractor. Knife River Corp. - South Total Completed And Stored To Date ...................................... I[rlJ� 334 -D`7 tf S-000 1. Original Contract Amount ..................................................... $ 969,650.76 2. Owners Change Orders And Overruns/Underruns..................... $ 114,449.68 3. Total Current Contract Amount .............................................. $ 1,084,100.44 4. Total Completed To Date ...................................................... $ 1,084,100.44 5. Total Materials Stored To Date .............................................. $ - 6. Total Completed And Stored To Date ...................................... $ 1,084,100.44 7. 12% Discount (Not To Exceed $116,358.09) ............................ $ (116,358.09) 8. Total Completed After Discount ............................................ $ 967,742.35 9. Retainage (5%) .................................................. I............. $ - 10. Total Completed, Less Retainage .......................................... $ 967,742.35 11. Less Amount Of Previous Estimates ....................................... $ 919,355.23 12. Amount Due This Aualication............................................ $ 48,387.12 13. Balance To Finish, Plus Retainage 14. Percent Completed To Date $ 0.00 $ 100.00% Contractor's Certificatlon The undersigned Contractor certifies that to the best of Its knowledge: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment Incorporated In said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security Interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment Is in accordance with the Contract Documents and Is not defective. By: Jake Burchett Recommended by: Payment of: is approved by: (ERgineer) Date: Project Manager tl� i -L ft 0 V h•U w FEB 012019 Brazos County (Date) Road E Briny: $ (Una 12 or other- attach exp &nz t0n�f the other amount) a �� • 'g .P—/ —' (Date) Bid # 19-095 Renovation of Building for County Clerk Storage Vendor Marek B & B G.A.M JaCody Aggieland *Madison Construction *Alpha McDermott Quality Brothers Plumbing and Construction Construction Construction Building Construction Works Construction Construction Inc. Corporation LLC Construction Inc. Inc. Base bid to include $459,000.00 $558,695.00 $423,417.00 $499,900.00 $549,080.00 $438,000.00 $550,580.00 $458,438.33 $279,900.00 materials and r work Time to complete 90 70 75 120 150 120 130 120 200 work Number of days to begin 3 10 3 5 14 15 10 15 10 work Acknowledge Addendums Yes Yes Yes Yes Yes Yes Yes Yes Yes Bid Bond ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Qualification Statement Yes Yes Yes Yes Yes Yes Yes No Yes Notes and Add $12,780.00 for Asbestos Value exceptions Abatement. Engineering: Withdrew Deduct $12,150.00 if demo Deduct their bid can be performed after $16,200.00for asbestos abatement. abatementto Add $9,000.00 for painting take place prior exposed overhead steel and to demo. underside of roof deck. Alternate #1: Price does not include Abatement and interface with METASYS air monitoring System for AHU seq. of add $22,000.00. operations. Price includes a wet pipe fire sprinkler system. Add $28,183.00 of a double interlock pre -action system is required. Hardie panel siding 4' x12' sheets are not available. Price includes Hardie panel siding in standard size sheets 4'x8', 4'x9' or 4'xio'. RECOMMENDED AWARD TO: G.A.M. Construction, Inc. AVprmed by C missi a Court on this day of , 19, by holding the position of G_ f AGREEMENT FOR RENOVATION OF BUILDING FOR COUNTY CLERK STORAGE BID # 19-095 BRAZOS COUNTY, TEXAS F:\Bids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 1 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract FABIW2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 2 AGREEMENT FOR RENOVATION OF BUILDING FOR COUNTY CLERK STORAGE This Agreement for the RENOVATION OF BUILDING FOR COUNTY CLERK STORAGE, Brazos County, Texas, in the amount of FOUR HUNDRED TWENTY- THREE THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS AND ZERO CENTS ($ 423,417.00), is entered into this 12th day of February 2019 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Ste. 352, Bryan, Texas 77803, and G.A.M. CONSTRUCTION INC. (hereinafter referred to as "Contractor"). The RENOVATION OF BUILDING FOR COUNTY CLERK STORAGE is hereinafter referred to as the "Project." The Architect/Engineer for the Project is the firm Patterson 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 BID #19-095, contractor response, 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 manipulatable 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 FOUR HUNDRED TWENTY-THREE THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS AND ZERO CENTS FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 3 �' 7V01.Pg.�,, ($423,417.00). 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 RENOVATION OF BUILDING FOR COUNTY CLERK STORAGE 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 renovation of a new County Clerk Storage Facility located on 24th street in Bryan, Texas. Contract documents indicate the work of the contract and related project considerations which include, but are not necessarily limited to, the following: Demolition work includes removal of selected interior partitions, ceilings and MEP equipment not scheduled to remain. Site improvements include modifications of existing walks, new concrete pad and parking improvements. The renovation work includes interior gypsum wallboard partitions; building insulation; suspended acoustical ceilings and typical interior finishes. Infill of existing exterior openings, painting. The work also includes certain items of equipment including: fire suppression, plumbing, heating -ventilation -air conditioning; electrical systems; lighting and alarm -signal systems. 1.1.6 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this. Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically defined either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the RIBids12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement. docx Page 4 requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies' a - different interpretation. .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. FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 5 .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. . .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. 11 .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .1.8 AgreementfContract: 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 1tems 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 FABlds12019119-095 Renovation of County Clerk•Storage119-095 County Clerk Storage Agreementdocx Page 6 vol. a Pg performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project,' and without the removal of material or other Work that is in place. .24 Inspect: "Inspect' and any derivative thereof, as used in reference to the 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 accordancewith the Contract Documents;..they are not "inspectio.ns" 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. BID #19-095 and Contractor Response E. Special Conditions F. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Architect. G. Wage Rate 1.2.6 Current Editions: When any work is governed by reference to standard, codes, FABlds\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 7 manufacturer's instructions or other -reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and -.similar groupings.are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards• are made a - part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND'USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and/or Architect's consultants are Instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect or the Architect's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 8 Ila. off.a7 pq.ago 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, 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 other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Architect or Architect's Consultants will furnish electronic data in software format in use by Architect at the time Architect's services are performed. Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Architect, Architect's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Architect, Architect's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors;' material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Architect or Architect's consultants from the system and format used by the Architect or Architect's consultants to an alternative or upgraded system or format, whether performed by Architect, Architect's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Architect and/or Architect's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Architect, Architect's consultants and FABids\2019UM95 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.dom Page 9 d Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Architect or Architect's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Architect and Architect's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub -subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Architect, Architect's consultants and Owner from and against, any claim or liabilities arising out of such use. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold, 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 F:\Bids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 10 or services. 2.2.4 Contractor will be furnished, free of charge, one.set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing is 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) anal 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 FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.dom Page 11 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, FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage AgreementAocx Page 12 V01.ja7- Pg: a 4.1 but the Contractor shall promptly report to Architect any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Architect may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Architect in response to the Contractor's notices or requests for information. pursuant to Subparagraphs 3.2.1 .and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3..7. If the Contractor fails. to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between fieldmeasurements 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. 3.2.4 The Contractor shall verify the location of all easements before beginning the Project. 3.2.5 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 FABlds12019119-095 Renovation of County Clerk Storage119-095 County Cleric Storage Agreement.docx Page 13 required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope -of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent with a minimum of five years of similar construction experience. Superintendent shall be approved by Architect and permanently assigned to project until full completion of project. 3.3.7 The Contractor shall employ Licensed Surveyor to locate and stake out the Work and establish necessary reference and bench marks. Work from established bench marks and reference points, layout and correctly establish all lines, levels, grades and locations of all parts of their own Work and be responsible for their accuracy and proper correlation with Work and established data. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Architect and properly accepted and authorized by Architect, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Architect F:1Bids\2019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 14 s Vol.��pg. / 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 specificphase, are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Architect, stating reasons therefore and recommending other alternate- materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. FABids\2019\19-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 15 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages to the building contents and/or building utilities or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being. directed to enforcement of warranty work by mechanical, electrical and plumbing subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor shall furnish Owner with sales and use tax exemption reports to enable Owner to meet state reporting requirements. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, 'the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received, or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received, or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders.of pubic authorities bearing on perfofffiance 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, FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 16 R ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated -in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances. under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $ $30.000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent with a minimum of five years of similar construction experience and necessary assistants who shall be in attendance at the Project site during performance of the Work. The Superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect the name and qualifications of a proposed superintendent. The Owner or Architect may reply within fourteen (14) . days to the Contractor in writing stating: (1) whether the Owner or Architect has reasonable objection to the proposed superintendent, or'(2) that the Owner or Architect requires additional time to review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES FABids12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 17 3.10.1 The Contractor, promptly (within thirty 30 days) after notification of contract award, shall prepare and submit, for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed -time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Architect, including time for review by Owner and Contractor and for 'Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time, as defined by the Architect to review submittals. If the Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA -AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 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. FABlds\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 18 - 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor maybe returned by the Architect without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Architect that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Architect. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Architect and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Architect on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's review of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given 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. FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 19 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 FABids12019119-095 Renovation of County Clerk Stonage119-095 County Clerk Storage Agreement.docx Page 20 Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint a new Architect whose status under the Contract Documents shall be that of the former architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Architect and Owner. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Architect, and as Architect deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction, means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 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 FABids12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 24 Vol. ��7 Pg. a53 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 contractor provides acceptable Schedule of Values, Insurance, Payment and Performance Bonds, List of subcontractors and Construction schedule. No later than Day 75 DAYS: Contractor attains Substantial Completion No later than Day 80 DAYS: 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 F:\Bids\2019\19-095 Renovation of County Clerk Storage\19-095, County Clerk Storage Agreement.docx Page 23 Va. i/,b 7 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: (9) 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 INHOULD OTHERWISE EXIST.. AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.98. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL , NOT LIMIT INDEMNITEES'. OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed by them. or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Architect, the Architect's consultants and agents and employees. of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving,of, orihe 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. ROds12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage. Agreement. doex Page 22 partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. ' 3.16.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so, and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 ,The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Architect proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, 'EMPLOYEES, AGENTS -AND REPRESENTATIVES, ARCHITECT, ARCHITECT'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") 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 ANYWAY OCCURRING, INCIDENT TO, ARISING OUT OF OR F:lMW2019M-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.doex Page 21 vol. pg. (- 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. FABids12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 25 Vol. &� )7 Pg. 25 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Architect may authorize minor changes in the Work as. provided in Paragraph 7.4. 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect may receive and forward to the Owner for the Owner's review and records written warranties and related documents , as required by the Contract Documents and assembled by the Contractor and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until fourteen (14) days after written request is received. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Architect's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the 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; FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 26 Evoi. a Pg. .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 ofrnthe 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 FABids1201911M95 Renovation of County Clerk Storage119-095 County Cleric Storage Agreement.docx Page 27 voll..cQll Pg.. Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to. further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to;. (1) a written interpretation from the Architect; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in -the Work issued by the Architect; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. in the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with monthly pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by 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. FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.doex Page 28 V01. jLt 7pg. a (7 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. For purposes of this provision, "Materially" shall mean a change in quantity of at least twenty-five percent (25%) and a change in price of at least ten thousand dollars ($10,000.00) 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect: Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a 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 F:1BidM2019\19-095 Renovation of County Clerk Storage119-095 County Clerk'Storage Agreement;doox Page 29 who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished, or advise the Architect that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven (7) days. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Architect's decision, Architect will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. ?p 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, FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 30 the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect. to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase. in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to. the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontractor agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress 'against the Contractor that the 'Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub—subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the 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. 5.3.1 Contractor is fully responsible for acts and omissions of Subcontractors, and FABids12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 31 VOt. 'b 7 pg. persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own. employees. 5.3.2 Nothing in Contract Documents creates any contractual relationship' between any Subcontractor or Sub -subcontractor, or other tiers, and Owner or Architect, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract. by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project .with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. v 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 todo 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 FAl3ids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.doex . Page 32 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 orxesults 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 contractor's completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 . The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean. up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and F:\Bids12019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 33 VOL a�7 pqa - a.�. 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. FABids12019119-095 Renovation of Couly Clark, gtorage\19-0195 County Clerk Storage Agreement.docx Page 34 vol. lo 7. pg 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting .data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work 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. FABids12019\19-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.dom Page 35 Evot.a'b7 Pg. a 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than SEVENTY-FIVE (ZJ5 days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon permit acquisition following the final approval of the Agreement and receipt by the Contractor of the written notice to proceed from either the Owner or the Architect." 8.1.3 The date of Substantial completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall. mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the 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 FABids\2019\1M95 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 36 furnished by the Contractor and Owner. The date of'comrnencement 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 an 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'prorriptly 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 FABids12019119-095 Renovation of County Clerk Storrage119-095 County Clerk Storage Agreement.docx Page 37 1 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 FOUR HUNDRED TWENTY-THREE THOUSAND FOUR HUNDRED SEVENTEEN DOLLARS and ZERO CENTS ($423,417.00) 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. FABids\20MIM95 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.doex Page 38 vol. . t7_ gig. 10 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. F:1Bids12019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 39 Vol.e .� 1� The Architect's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract- Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner 'to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Architect's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .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. F:1Bids\2019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement. docx Page 40 Vol. Pg. a %a 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents and shall so notify the Architect. 9.6.1.1 Owner will make monthly partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Architect. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Architect's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor no later than seven (7) days after receipt of payment from the Owner, the amount to which the Sub -contractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Sub -contractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. 9.6.3 The Architect will, upon written request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment 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. 9.7 FAILURE 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' wriften 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 shallbe increased by the amount of the Contractor's reasonable costs of shut—down, delay and start=up, as provided for in the Contract Documents. F:1Bids12019\19-09.5 Renovation of County Clerk-Storage119-095 County Clerk Storage Agreement.docx Page 41 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 ten (10) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within ten (10) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 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 FABlds12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 42 va a b7 pg. under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in. writing the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or -use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a.list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement. between.the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect and Owner will in a reasonable time, make such inspection and when the Architect and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's and 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 FABlds\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 43 Vol. a8 7 Pg. given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and .(5) if -required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases .and waivers. of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that.the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Architect. 9.10.4The making of final payment shall constitute a waiver of Claims 'by the Owner except those arising from: .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: Two Hundred Fifty per day ($250.00). It is FABidsX2019119-095 Renovation c r,-=MG_MLM ge Agreement.dom Page 44 Vol. Pg. understood that said sum shall be considered as liquidated damages and shall not be considered as a penalty against the Contractor 9.11.2 If ten (10) days after Substantial Completion of the Work the Contractor is unable to achieve Final Completion of the Project as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agreed to as liquidated damages, for each additional calendar day of delay past ten (10) days after Substantial Completion until Final Completion is achieved: Two Hundred Fifty Dollars ($ 250.00). 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 FABlds12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement:docx Page 45 properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Architect, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 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. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties. shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design 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 perfo,rmance-of. such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and 'construction procedures necessary in completion of Project shall be the responsibility of the F:\Bids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreementdocx Page 46 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. 10.2.13 The Contractor shall notify Owner's and Architect's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. . 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Architect to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Architect's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautiohs will be inadequate to prevent foreseeable. bodily injury or death to persons resulting from a hazardous material or substance, including but -not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site. by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop:. Work in the affected area and report the condition to the Owner, in writing, with a copy to the Architect. 10.3.1.1 The term "hazardous materials or substance" also includes, but isnot limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required• by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and FABids12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.dom Page 47 Voll. c� � Pg. a r7' Cl qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment -of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been' rendered harmless, Work in the affected area shall resume upon written .agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall.be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemn ify 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. 10.3.4 The 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. 10.3.5 The Owner and Architect shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Architect. The Contractor shall notify the Owner and Architect prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material _or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on, account of an emergency shall be determined as provided in Paragraph 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. FABlds\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx. Page 48 1 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly,- or indirectly, -employed by any of them, or by anyone for whose acts any of them may be liable: . .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in FABids12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement;docx Page 49 accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work -until date of final payment and termination of any coverage required to be maintained. after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability: $ 1,000,000 each accident $ 1,000,000 disease, policy limit $ 1,000,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable 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 F:\Bids12019119-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement:docx Page 50 E!/i!. a pg. Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior 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 optiona(: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 hiade 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. FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.doex Page 51 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, - testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements * and, shall cover' • reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use' Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other, than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award 'of the bid is made by the Owner, Contractor shall execute, as Principal, bonds: joined in by,a Surety Company of the Contractor's choice, generally referred to as'a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum: The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date. the -Agreement is entered into, or..if Work is to be commenced prior thereto in response to aletter of intent, Contractor shall, prior toad iimericement 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. FABids12019119-095. Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 52 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's; Owner's --or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the.Work has been covered which the Architect, Owner.or governing authority has not specifically requested to examine prior to. its being covered, the Architect, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense 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 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion.of that portion of the Work. 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective FABlds12019119-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 53 Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year.from date of Substantial Completion, Architect may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are. not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other, obligations the Contractor has under the Contract 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 F1Bids12019119-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 54 party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Architect. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered, for payment of all laborers and mechanics for labor 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 F:\Bids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.doox Page 55 Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Architect of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the 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 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 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 FAl3ids12019\19-095 Renovation of County Clerk Storage119-095 County Clerk Storage Agreement.docx Page 56 Vol. Pg. ?) . 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure 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 FABids12019k19-095 Renovation of County Clerk Storagek19-095 County Clerk Storage Agreement.docx Page 57 (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of 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. F:1MM201 V 9-095 Renovation of County Cleric Storage119-095 County Clerk Storage Agreement.docx Page 58 Vol.,—S-7apg. iqL0 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 Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Architect, the Owner, and their authorized representatives, shall have access at all times to the work for_ inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full F:\Bids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement.docx Page 59 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 February 12, 2019 meeting. FABids\2019\19-095 Renovation of County Clerk Storage\19-095 County Clerk Storage Agreement,docx Page 60 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 The delivered to the Contractor, one (1) to the Architect for use .in the administration of the Contract, -'arid the remainder to theOwner. ER: BR OUNTY, TEXAS Duane Peters, Brazos County Judge 200 South Texas Ave., Suite. 352 Bryan, Texas 77803 Date: CONTRACTOR:. C -"q -M Aysvr2, C'"'a,.,. _z'_ Date: F: EWM201.9\19-095 Renovation of County Clerk 5torag4l19-095 County Clerk Storage Agreement.docx Page 61 .HARRDWOOD FLOOR REPLACEMENT- BRAZOS CENTER CONTRACT :BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 $ryas; Texas 77803 Contract No. CIP 19-555 Telephone (979) 361-4294 );'age 1 of 10 Pages GENERAL REQUIREMENT FOR CONTRACT �tralox asa duly authorized. representative of e"Co.illi;,gly.attest to perform (or deliver) as perExhibit A or Brazos County: I further agree to all of the provisions and specifications contained in -this contract. TERM OR PROJECT TIMELINE Project will start only after County receives the .requirod bonds, insurance, work schedule and after a purchase order has been issued to the vendor by the County. `Project shall be completed by 45-60 working days plus additional 3 days for finish cure. PREVAILING WAGES RATES The Contractor shall be responsible ,for following all provisions of Chapter 2258 of the Government Code relating to the payment.ofprevai'ling wages. 'The wage rates to be used are included in.Exhibit'B attached. 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 Exhibit B. BONDING REQUIREMENTS (May not need this depends on project) The :Contractor will be required to bond eachproject individually, The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of each project sum ten (10) calendar days prior to start of work for each project. 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 REJECTS THE PROPOSED SURETY COMPANY' THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE .REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY, ASSIGNMENT The successful .offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; .the -contract shall be- terminated unless a mutual agreement is reached with the new owner or manager to continue -the contract with its .present provisions and prices. vol. a c�- 7 Pg BRAZOS COUNTY, TEXAS Contract No. CIP 19-555 Page 2 of 10 Pages .BIDDERS RESPONSIBILITY The Certification of Bid Form must be completed. to include full firm name, mailing address, telephone number, emailaddress, Vendor Tax Identification number and signed by an authorized representative of the :firm.. By submitting :a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as 'required, pending award, renewal, amended or extended .contract. Visit https://ethics.state.tx,us/whatsnew/elf info forml295.htm for more information. CONTRACT OBLIGATION Brazos County Commissioners Court must' award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain -in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this. contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's. performance. Contractor shall' procure and maintain, with respect to the subject matter of this bid, .appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits .to cover Contractor's liability as may arisedirectly or indirectly from work performed under terms of this contract. Certification of such .coverage mush be provided to 'Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners.Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the .goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural .changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. BRAZOS COUNTY, TgXAS Contract No. CIP :19-555 Page 3. of 10 Pages ,In the event .$razos County wishes to add other locations. to a group under the contract, a quotation will be'solicited -from the incumbent Contractor in good -standing for the group in 'which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose :or terminate a location to which the contract applies, all existing contracts for services applicable to such'location,. the portion of 'this contract. -that .applies to such locations 'is terminated..All remaining portions of the contract will remain intact. Brazos County will endeavor .to give the Contractor written notice of such terminati locations a minimum of thirty (30) days in advance. on of INVOICES & PAYMENTS .Payments to contractors will not be made if the contractor cannot .produce a Brazos County Purchase Order. Contractor shall submit. an original invoice on each purchase order or purchase release after each delivery., indicating the purchase order number. Invoices :must be itemized. Any invoice, which cannot -be verified by the contract price and/or 'is otherwise incorrect, shall be .corrected by the "Contractor. Brazos County will only be required to pay for materials actually received and/or services, actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided :by the contractor in completion of the contract. This .term 'supersedes any. contradicting terms throughout the contract and/or any attachments. When multiple -deliveries and/or services .are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice within thirty (3 0) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis :only, The contractor will provide an invoice for, -each in which Brazos County is responsible for payment, during the duration of .the contract. Prior to any and all payments made for goods and/or services provided :under this contract, 'the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information. may result in a delay in payment and/or back-up Withholding as .required by the•Internal Revenue Service.. .Retainage of 5% will be withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete and ,receives all warranties, manuals, releases of lien and other .closeout documents. 'Upon acceptance .by the County, retainage will be released to the Contractor. .PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price.changes, additions,'or subsequent qualifications will be honored during the course of the contract. All prices must be wetted in ink or typewritten. Pricing on all transportation, freight. drayage and .other charges are to be prepaid by the Contiractor and included in the bid prices. 'If there are any -additional charges of any kind, pother than those mentioned. above, specified or unspecified, offeror MUST indicate the items required and attendant costs or :forfeit the right to .payment for such items. Where unit pricing, and extended pricing differ, unit pricing prevails. BRAZOS COUNTY, TEXAS Contract No. CIP 19-555 Page 4 of 10 Pages TAXES Brazos County is exempt from all federal excise, state -and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. .In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW.AND VENUE 'This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements .of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be hilly governed by -the laws of the State of Texas and that Brazos County may request and rely on advice, .decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning- and portion of these requirements. Potential vendors are .advised they may have- disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that :have .an aggregate value in excess of $250.00 given to. any employee of the County, County Official to the .County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire .must be filed with the Brazos County Clerk Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a.governmerit subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated. the antitrust laws of this state. codified in Texas Business and Commerce Code § 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or -indirectly the bid made to any competitor or any other person engaged in such line of business, Any or all bids may be rejected if Brazos County believes that collusion -exists among the- offerors. Bids in which the prices are obviously unbalanced.may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If. any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect. the remaining portions of these requirements and the specifications and it is. hereby. .declared that such remaining portions would have been included in 'these .requirements and the specifications as though the invalid portion had been omitted. BRAZOS COUNTY, TEXAS Contract -No. CEP 19-555 Page 5 of 10 Pages SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent Omission from it of a detailed description concerning any,poin4 shall be regarded as meaning that only the best commercial practice . is 'to -prevail and that only material and -workmanship of the finest quality are to. be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under. .this contract shall be new, unused of the latest product in tit p"durono commercial trade and shall be of -the highest, quality at to materials used and workmanship. -Manufacturer,flimishing these items shall be experienced in design- and construction Of such items and shall be an established supplier of the item bid. 'TERMINATION Brazos County reserves the right to terminate the contract for -default if offeror breaches any of the terms there -in, including warranties. of offeror or if 'the offeror becomes insolvent or commits acts of bankruptcy. Such right of"termination is in addition to and not in lieu. . o . f any, mmi Brazos County may have in law or equity, Default may . other remedies Which .. ... y be construed as, but not limited to, failure to deliver the Proper goods and/or services within the proper amount of time, and/or to, properly perform any and all services required to Brazos County's 's satisfaction -and/or to meet all other obligations and requirements.. Brazos County may terminate the contract without cause up I on thirty (30) days written -notice. POLICY REQUIREMENTS FOR. CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) .before starting work for Brazos County, must Amish Brazos County a Certificate of Insurance or other acceptiible evidence from a reputable insurance company 6r 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 theinsurance as follows: (1) Statutory W—brkers-Cg=ensatioti-.Insurance . with Emnlovers Liability- Insurance in the amount of 1-140-0-10-00. 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. Waiver of subrogation is required. (TLC Sec. 40 1.011) (2). Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The p6liq shall be -on, the .Comprehensive' General Liability 1986/90 occurrence form, and shall include coverage for acts'of independent contractors, and shall. name Brazos County as an additional insured. Waiver of subrogation is ;required. 'No claims made policies are acceptable without -Rn�or gVnroyal _by the Commissioners gourMsk Managgm—ent. 0) Automobile Public Liability Insurance with a $1 ,000,000 Combined Single Limit, in al self- propelled If - propelled vehicles used in connection mi -with the contract, whether owned; or hired. 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. pc;. a9(b BRAZOS COUNTY, TEXAS Contract No. CIP 19-555 Page 6 of 10 Pages LEMTATIONS The parties are aware that there are 'constitutional and statutory limitations on the authority of Brazos County to enter into certain term's and conditions of- the contract, including, but not limited to, authorizations of the placement of liens on 'Brazos County property, disclaimers and .limitations of Warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation .or settlement to another party; liability for acts or omissions .of third parties; payment of attorneys' fees; dispute resolution; �indemiiities; and confidentiality (collectively, the Limitations ). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. 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 EMAR NITy The parties understand that Brazos County does .not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of :this contract and the performance of the covenants contained herein. Further, Brazos. County is not responsible for any civil liability that arises from any act or omission made within the course and scopeof this contract. The parties understand and agree that Brazos County does not assume civil liability under any theoof lazy for the actions .of the Contractor in providing services hereunder. ry NOTICES Notices shall be mailed to the addresses;designated herein or as may be designated in writing by the -parties- from .time to time and shall be deemed rec following addresses: eived when sent postage prepaid U.S. Mail to the • W �, BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contact Name: BRAZOS COUNTY; Brazos County, Texas Duane Peters, Brazos County, Judge 200 South Texas Avenue, Suite 332 .Bryan, Texas 77803 Phone Number: — I •s x. Contract -No. CIP 19-555 Page 7 of 10 Pages Billing Info: --------------------- ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. YISCA.L- 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 .and renewals thereto. WAIVERS No -waiver by either party hereto of any term or condition of this contract shall be deemed or construed to. be a waiver of any other term :or condition -or- subsequent waiver of the same term or condition, ENTIRE CONTRACT This contract represents the .entire and integrated agreement between Brazos County and the Contractor .and supersedes all prior negotiations, representations, .or contracts, either written or oral. This contract may.only be amended: by instrument approved and executed l y the parties. AVAILABILITY AND RETENTION OF RECORDS Altrecords relating to the service provided under this contract and supporting. documentation for'invoices. submitted to Brazos County by the Contractor shall be retained and made available by the :Contractor for audit by Brazos County, It duly authorized representatives, the State of Testas (including, but not limited to the Auditor of the State of Texas,.. Inspector General or duly appointed law enforcement officials) .and agencies of the United States Government. :Such :records shall be returned by Contractor and -made available for any time period required by, state or federal law. If changes occur in the governing state or federal law, regarding retention 'records, Contractor shall comply with such changes. If an -audit is :initiated before the expiration of such time periods required by state or federal. law regarding retention,of records, the Contractor shall retain .such records until the audit is: coneluded and .all issues resolved. Contractor:shall provide Brazos County with copies 'of such audits that be conducted with.respect to the contract. BRAZOS COUNTY, TEXAS Contract No. CIP 14-555 -page 8 of 10 Pages AUDIT REVONSIBILTY The. Contractor shall be responsible for.receiving, replying to and/or complying with any audit exception by,appropriate federal, state or local. audit directly related to the provision of this contract. The 'Contiactor shall repay to Brazos County -the full amount received for duplicate billings,erroneous billings, false or deceptive claims. The Contractor .reco gr zes -and agrees that Brazos County may withhold any money due and recover through. any; appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. I�DEMIFICATION The Contractor shall defend, indemnify and save harmless'Brazos County and all its officers, agents, and employees from all suits, actions, or.vlaims of any;character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by. any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work,. or by or on account of any. .act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his �eontract as ,shall be .considered necessary by Brazos County maybe retained for the use of Brazos County,. or iri case no money ,is due, his --sureties- shall be held until suit or suits, action or actions, claim or claims for injury or .damages as aforesaid shall. have been settled -and satisfactory- evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents .and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or. employees. 'BRAZOS COUNIry, TEXAS Contract No. CEP imss Page 9 of 10 Pages HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County's federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financia d Prohibiting `Transactions. With `Persons Who Commit, Threaten to Commit, Blocking or S pport Terrorirism, 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 aondent is Entities ineligible for federal procurement andrules, relating to procurement and that Resp not listed on the federal government's terrorism watch list as described in Executive Order 13224. are listed at https://www.satn.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, and Government Code Chapter. 2270: -L Does not boycott. Israel currently; and 2. Will not boycott Israel during the term offhe 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, parent company or affiliate of those entities or business. associations majority-owned t existtoa profit. fiit. Company MA Authorized Company Representative: �Mk;71 a VOL(a- .Address:_�Oit .CLcC/'K Al B"A'a S,4►3 Signature: 6 2_r Contract #•_-�� I BRAZOS-COUNTY,TEXAS CERTIFICATION OF CONTRACT The undersigned further affirms the non -debarment. statement above, execute this contract, that this quote has not been prepared in collusion the contentsof this bi � ' e no den communicatedto any other vendor Signed By: Title: Typed Name: Coutract No. CEP 19-555 Page 10 of 10 Pages that they are ,duly authorized with any other vendor, and that Company Name: -P � �,w C ,Phone No. Email Address: o .Mailing Address: -1-011 CLOvts 1Z P, O. ;Box -or Street City State Zip Employer Identification. Number. 5-Q^ Choi -r i73 Social Security Number: d by o 's i Hers' Courton thisday of 2019 by Holding the position of eQ1 bit A- APage 1 of QU.LITYB_aarlt H.AROWOOD FLOORS, INC,,, 2011 Clovis Barker Road Phone: 512-754-9077 San Marcos, 7X 78666 Fax: 512-754-0919 www.aualltyhardwoodf/oors.biz Date: 2/7/19 Buyboard Contract No. 56048 Organization: The Brazos Center Attn: Joanna Spencer Phone: Fax: Email: jspencer@brazoscountytx.gov Ms. Spencer, Here is the proposal for the wood floor replacement. Scope of Work: Assemblies 1, 2,3 and 4 Remove existing parquet wood flooring and tile. Scrape old adhesive from 16,514 $238,548.00 slab. Check slab for flatness of 1/8" in a 10' radius. Apply Titebond 531 Moisture Control System to concrete slab. Install new 6/8" x 4" red oak CHARACTER GRADE flooring by gluing to the slab with Titebond 771 -Step Adhesive. Sand entire wood floor using 36, 50, 80 and 100 grit sandpaper. Stain floor using Dark Walnut stain. Apply two coats of water base high gloss finish. Install new Roppe vinyl wall base around perimeter of floor. .Install new %4" x 5" aluminum thresholds at doorways. Payment and Performance Bonds are included. We do not know the condition of the slab underneath the existing floor. Any slab grinding or floating to meet the flatness requirement of 1/8" in a 10' radius will need to be evaluated after the flooring is removed. Work Duration • Approximately 45-60 working days plus an additional 3 days for the finish to cure. The actual work duration may differ due to the existing gym floor condition, size, and humidity/HVAC conditions. Exclusions • Testing of asbestos or lead containing materials before removal for flooring/subfloor in facilities over 30 years old. • Repairs to concrete slab to meet MFMA industry standard of 1/8" in a 10' radius. Floating and grinding can be quoted separately after scope is known. • Electrical hookup and breakers for sanding equipment. See Customer Requirements below. • Weekend work (Saturdays and Sundays) unless approved before work is scheduled. Customer Requirements Floor Repairs, Installations. Replacements • Ensure all roof work is completed, including flashing, guttering and exterior drainage. The building must be permanently enclosed and weather -tight. All block, brick, masonry, tile, marble and/or terrazzo work must be complete, cured and dried. All interior painting must be completed and dry. The permanent light, heating, electrical and ventilation systems must be operating. All overhead work must be complete, and the floor area must be free of obstructions. All backstops and sports accessory fixtures must be installed. Vol. pig... UALITY - Page 2of3 H.ARUWOOID FLOORS, INC rd` 2011 Clovis Barker Road Phone: 512-754-9077 San Marcos, 7X 78666 Fax: 512-754-0919 www.vualitvhardwoodfloors.biz • Ensure that the concrete slab meets the MFMA industry standard of 1/8" in a 10' radius. Floating and grinding can be quoted separately after scope is known. Floor Sandina • An electrician must be provided to connect our electrical cord Pigtails to a 100 -amp breaker. 220 - volt. 3 phase panel no farther than 100 feet from floor to be sanded. Add $400 per day for generator rental if power is not available. • Submit artwork and lettering with appropriate size, fonts or any other details in vector Images Ceps or .ai) to DustinDgualityhardwoodfloors.biz. We will provide gym floor renderings to show approximate colors and approximate locations of artwork and lettering by importing the designs that are sent to us. Any design work such as creating logos and artwork from scratch or editing existing logos will be an additional $60 per hour. Any renderings requiring more than 2 revisions will be an additional $40 per layout. • For customers that require specific colors, submit color codes or swatches for each color at least 3 weeks before work begins. Acceptable color codes are Pantone PMS and Sherwin Williams numbers. • The customer is aware that sanding of wood floors will create fine dust in the air and the owner has taken such precautions as he/she feels adequate to protect the surrounding area from such dust. Quality Hardwood Floors, Inc. shall not be held responsible for hanging plastic or provide dust containment other than the industry standard dust bags attached to the equipment. Quality Harwood Floors, Inc. shall not be held responsible for any damage resulting from the dust nor shall they be responsible to clean up such dust • Ensure that the finished product can cure untouched for 72 hours after it is applied. If the finish Is not allowed to cure properly there Is a high probability of scratching and/or scuffing. Schedulina • Submit desired schedule in writing to at least 3 weeks prior to start date. Due to high volume of work during the summer months, please allow a 3 to 4 day time window around the desired start date. We will not reserve start dates until purchase order is received. 1 Year Limited Warrant • HVAC must be set to maintain humidity between 35 and 50 percent. Humidity fluctuations of more than 15% may cause finish and paint to peel, boards to warp or gap, and void warranty. • Excessive moisture, abusive activities, or excessive weight due to lifts may void warranty. • Excessive loading like those resulting from the use of high point load scissor lifts can lead to surface degradation and/or weaken structural components leading to system failure. Always use multi -layer protection when loading a flooring system with any size lift to protect the integrity of the system and quality of the surface finish. Proposal is valid for (60) days. After that time, we will need to reevaluate the scope of work to verify conditions have not changed. WOOD AND ADHESIVE PRICING FLUCTUATE, SO BEYOND 60 DAYS, THE PRICE WILL NEED TO BE ADJUSTED. Thank you for giving us this opportunity. If you have any questions or would like to schedule the work, please contact us at 512-754-9077. Vol. =Pg. UA L I TY HARDWOO13 FLOORS, INC 2011 Clovis Barker Road Phone. 512-754-9077 San Marcos, TX 78666 Fax. 512-754-0919 www.guardvhardwoodNoors.bfz Regards, Justin Voigt Quality Hardwood Floors, Inc. Page 303 'To accept this proposal and all conditions stated above, please fax both the signed proposal and purchase order to 512-754.0919 or email to iustinidaualitvhardwoodfloors.biz. Organization: tib V`J r3 Date of Acceptance: T/ej By: Prin d Name Signature: Title: vacJS7 pg- �0 CQ Echb+-t THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarnow Street, 2"" 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 :20.0:6 HVAC - Apprentice 13.87 HVAC - Controls 15.14 Insulator 12AI 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 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 fringes. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 oft Complete Nos. i - 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 icate Number: 2019-449881 Qate Fled: 02/07/2019 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's. placeCerti of business. QUALITY HARDWOOD FLOORS, INC San. Marcos, TX United States 2 Name of governineriM entity or state agencythat Is a_partyto a contract for which e forms being filed. The Brazos Center g Provide the identification number used by the. governmental entity orstate agency to track or identity the contract, and provide a description of -the services, goods, or other property to be provided under the contract. 19-555 Waod floor replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest :(check appllcablej Controlling Intermediary Rains, Donald San Marcos, TX'United States X 5 Check only if there is NO'Interested Party. ❑ 6 UNSWORN.DECLARATION My name is CT Ii� U0(67- and my date of birth is ` My address is: 2p )L C 1Ayls P 'f—W-1c •' L '5" f1Lu —�`�' ` _aGr�• (street) .(City) (state) (zip code) (puntry) I declare. under penalty of perjury that the'foregoing is -true and correct. .� Executed in 4'�lf County, State of711z/-pn the 1 . ( day of 10 (month) .(year) of contracting business entity version COMMISSIONER COURT MINUTES OF FEBRUARY 13, 2019 ARE CONTINUED IN VOLUME 288 PAGE 1 voi. JV, pg. ___d �_ COMMISSIONER COURT MINUTES OF FEBRUARY 13, 2019 ARE CONTINUED FROM VOLUME 287 A� V CERTIFICATE OF LIABILITY INSURANCE o �3i/2o�) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. - If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER TIA - TCOR, LLC 8000 IH 10 West #950 San Antonio TX 78230 CONTACT NAME: Eyvoune Cantu PHONE (210)428-2500 FAXWC-No. Exti, No: E-MAIL: EyvouneCantu@tia-group.com ADDRESS INSURERS AFFORDING COVERAGE MAIC 0 INSURERA:Tri-State Insurance Company of Minnesot INSURED Quality Hardwood Floors, Inc, DHA: Q Coatings LLC 2011 Clovis Barker Road San Marcos TX 78666 INSURERB:ACadi.a Insurance Company 31325 INSURERC:Conti.nental Western Insurance Company 10804 INSURERD:Texas Mutual Insurance 22945 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER:CL18121014176 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF MMIODNYYY) POLICY EXP IMMMOIYYYYI LIMITS X [COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1, 000, 000 A CLAIMS -MADE � OCCUR DAMAGED PREMISES (Ea ce ur 500,000 PREMISES Ea aceunence $ MED EXP (Any oneperson) $ 10,000 ADV4765218-11 12/11/2018 12/11/2019 PERSONAL & ADV INJURY $ 1,000,000 GENLAGGREGATE LIMITAPPLIESPER: $ 2,000,000 POLICY I 1771 JECT 1:1LOC LGENERALAGGREGATE RODUCTS-COMPIOPAGG S 2,000,000 S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea ac en d BODILY INJURY (Per person) S B ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS Ix CAA4765219-11 12/11/2018 12/11/2019 BODILY INJURY (Per accident) $ PROPERTYDAMAGE $ e a dent NIREDAUTOS X NON -OWNED AUTOS $ X UMBRELLALIABX OCCUR EACH OCCURRENCE $ 1,000,000 I AGGREGATE $ 1,000,000 C EXCESS LIAR CLAIMS -MADE DED X RETENTION $ 10,000 1 $ CUA4765220-11 -' -- 12/11/2018 12/11/2019 D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN (Mandatory IRIM'MNFHH) EXCLUDED? ) NIA 0002007152 12/12/2018 12/12/2019 PER OTH- X STMUE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE § 1,000 000 Mes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) The General Liability 6 Auto policy includes a blanket automatic additional insured endorsement CLCG0492 10-18 6 CLCA2014 10-13 that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability S Auto policy includes a blanket automatic waiver of subrogation endorsement CLCG0492 10-18 6 CLCA2014 10-13 that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement WC420304B that provides this feature only when "m I Irm,mi C ITVLUCR L AF%"LLAI IVIY Brazos County 300 E. 26th St Bryan, TX 77603 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Street/CANTUE ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) y If.4:5- ROOF REPLACEMENT FOR. COUNTY CLERK STORAGE BUILDING SERVICE'CONTRACT BRAZOS COUNTY- PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 :. Contract No. CIP19-608 Bryan,- Texas. 77803 Page 1 of 10 Pages.. Telephone :(979) 361-4294 ; GENERAL REQUIREMENT FORCONTRACT I;OG � �%.Q,A4� as a duly authorized representative of. . . . ' "Contractor" willingly attest -to perform:(or deliver) asp er Exhibit A for Brazos County. ::. I•further agree to. all: of the. provisions -and specifications contained: in this contract, ; PROJECT: TIMELINE: Mfter.the.County receives the required- bonds.aiid 'insurance; a Notice to Proceed and a purchase orderiv!Wbe issued to the vendor.::•:. == ticipated Proj Anect-Schedule:. A: 2 weeks for roof remoiWand installation .. . B.::2 weeks for installation of gutters, donspouts:and clean-up 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: to. be used. ate included in Exhibit B attached. A:Coritractor or subcontractor who: violates this section shall pay Brazos County. $60`for each worker employed for -each calendar day or part of1he-day the workei-is paid less -than the wage rates: stipulated -in Exhibit B. ; :. . BONDING: -REQUIREMENTS; ; -The Contractor will be required to bond.each project indiyidually.:The°successf ul-bidder mustP rovide to the Purchasing Department; a performance bond and a payinent bond, each- iri the amount of 100% of each project sum tezi:(10) calendar days.prior to start of work'.for each project;. Such bonds shall -be. executed by a- corporate surety duly authorized and -admitted to-do business in :the $tate :of Texas and licensed in the State of'exas to issue surety bonds with a Best 'Rating::`.`A" or better. BRAZOS :.. .. " COUNTY ' •RESERVES.. THE RIGHT . TO ACCEPT OR. REJECT ANY' 'SURETY . COMPANY FROPOSED:BY TH$-BIDDER. IN TIE EVENT;BRAZQS REJECTS -THE PROPOSED SURETY•- :: COMPANY THE $1DDE-R • WIL.L• BE : AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS -ISSUED BY X'SURETY' COMPANY ACCEPTABLE- TO BRAZOS COUNTY.:: . ASSIGNMENT: :.: The successful offeror_may not assign, sell or °otherwise transfer.this contract with The permission of'Brazos County Commissioners Court:. Should there be 6: change in ownership or management :the - Vol. n� �� Pg. 3 Contract No. CIP:19-60.8 BRAZOS COUNTY, TEXAS:: • Page 2 of 10;Pages contract shall be terminated unless a mutual. agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD ::.. Brazos County reserves the right to award this contract on the basis of LOWEST:AND BEST OFFER in accordance with the laws of the State of Texas; to waive any formality or irregularity, to make awards to more than one offeror, to"reject any or all bids. The. County reserves the right to accept or reject in part or in whole; any IQs submitted and to waive any technicalities for the best interest of the County. : BIDDERS RESPONSIBILITY It: is the bidder's sole .responsibility to print and review all: pages of the bid document,. attachments.." .questions and responses, addenda,• and special notices. The Certification of Bid,Forhi must be completed = :. to include full firm. name, mailing address, tel:aphone number, email address' Vendor:Tax Identification number and signed by -an authorized representative of the • firm: Failure `to provide signature on the Certification of Bid Form renders bid non-responsive. F'aiiure:to complete the su6is8ion of all required :.. "forms;'including but not limited to the'Referehee-Page,:House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and :any other :specified forms 'or documents :may be grounds for-'rejection of entire bid. By submitting a response -to this soliciiation, .the - hidder agrees to comply with HB 1295, -Government Code .2252.908. Bidder agrees to provide. Brazos = :. Countythe. "Certificate of InterestedTarties", ]Form 1295 as required, pending award, renewal, amended or -extended : contract.•; 'Visit- - https://ethics.state-.tx:us/whatsnew/elf info form1295.1itm . for more-, information. in the event of a needed change in the�specificatons sent to 'the bidder, itis understood that :• all the: foregoing: terms shal1.apply to the addendum or addenda. CONTRACT. OBLIGATION Brazos: County Commissioners Court must award the contract and. Brazos County Judge, or other person authonzedby Brazos County Commissioners Court must sign the contract before it becomes binding on ::. Brazos County, or the offerors:: Department heads - are NOT authorized to sign contracts. for Brazos County. Binding contracts shall remain-in: effect-until all: products and/or services covered by this purchase have been satisfactorily delivered and accepted..:. :.:. :.. QUANTITIES he quantities specified in this contract are. -estimates - .only. Brazos County' does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. : CONTRACT-RENEWALS Renewals may l c-made ONLY by written agreement between Brazos County and the offeror. Any.and all price escalations shall-not be accepted.and shall b. considered. anon-response. . HOLD HARMLESS AGREEMENT Contractor; the successful::offeror, shall Ldemnify-and hold Brazos County harmless from-all claims for personal injury, death 'and/or:. property:: damage :resulting ::directly or indirectly : from :.Contractor's performance.* Contractor shall:#ocure,aiid' maintain, with:respect to' the subject matter of this bid; :. appropriate insurance coverage including, as-:a minimum, public: liability: and property . damage ' with adequate limits to cover Contractor's liability as may. azise directly or indirectly, from work performed Vol. Contract No. CEP :19-608 BRAZOS COUNTY, TEXAS : Page 3 of 10:Pages under" terms -of this contract. Certification.of such coverage .must be provided to•Brazos :County upon request. INSPECTIONS & TESTING' Acceptance of merchandise, work, and/or'equipment'provhded shall be made by Brazos County at ilie sole discretion of -the Commissioners Court - when all terms :and conditions of . -the contract and specifications have been met to.its :satisfaction, including the submission to Brazos County of any and. = all documentation ag' may be required. Title and Risk of Loss :of the -goods shall not pass .to Brazos :County: until the: County actually accepts and :takes possession of the goods at the point or points of delivery., ADDITIONIMOD-IFICATION OF. LOCATIONS -OR SERVICES ' " ::. Brazos: . County : reserves :the ' right to . add locations as these additional locations -may be required. Locations to be added may include; but -not "limited: to,. expansions or additions to. existing.facilities'and. acquisition: or construction of 'new properties. Iii: the event -that Brazos County: makes- significant' structural .changes to an existing facility that: iffipacts the :Contractor's cost in'providing the services dptigjpatdd.by thus contract such change may be treated as -a new facility and the procedures provided for iii this section may be. followed. in determining an appropriate price. In the:everit Brazos Count..wishes to.add otli&-locations to:a group under the contract;. a quotationwill be solicited: from the -incumbent. Contractor in good- •staiiding for the group in which the new location is appropriately situated: - • :. :. In the event Brazos County shall sell; vacate; "abandon; or' otherwise dispose or terminate a location to which the contract applies, all existing contracts for•services:applicabie to such location, the portion of this contract that. applies to such locations is -terminated. All remaining portions * of the;: contract. remain intact. Brazos County will endeavor to"give the:Contractor written notice of suchtermination of locations a:inihimum:of A.iwty (30) -days 14. -advance.." INVOICES & PAYAUNTS . :.:. Payments to contractors .wily not be .made if. the 'aontractor cannot produce 'a Brazos County Purchase Order. Contractor sliall- submit "an original. -invoice - on each: purchase: order or :purchase xelease after " -each defivery, indicating the- purchase order number. Invoices must -be itemized. Any invoice, which cannot- be verified- by th}e : contract. * price an or is otherwise incorrect, shall be :corrected : by •the Contractor.:::Brazos County will -only be required to:pay for materials actually received and/or services actually provided. Brazos County shall not be required- topay for materials or services described in the contract: that are not used. or: provided: by the contractor -in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or:any attachirierits. . When: multiple ;deliveries: and/or services are required, the contractor may . invoice following each --" .. deliv�Yor perf6rtiiance of service and Brazos County will - pay on. invoice wth In t '. Y C30) Ys upon receipt of invoice.Cointracts providing for- a monthly "charge: will be billed.and paid: on a monthly basis: oiily. The contractor will.proyide an inyoibe'for each month'in,which.:Brazos County is responsible: for - :. payment,, during the auratiori : of the - contract_.:'" Prior to -any and: all payments .made' for. goods..and/or :. . services provided under this contract, "the. contractor should .provide their' Taxpayer "Identification " Number or: Social Security number as applicable. This.inforination must be on file with Brazos County Contract No. CIP 19-608 8RAZOS COUNTY, TEXAS;- Page:4 of 10: Pages Auditor's office. Failure to provide this :information may result in a delay in payment and/or back-up withholding as required by -the Internal Revenue Service.. Retainage: of 5016 will be: withheld from each ' invoice: for the: duration, of. the contract until. the County accepts the work as 100% complete and receives all-ivarrantW manuals, releases of lien and -other .closeout documents. - Upon acceptance by the County, retainage will -lie released to.:ihe Contractor. PRICING: :... Prices -for all goods and/or- services shall be firm•f6r the .duration -of this contract and shall be stated on the Pricing/Delivery'lnforimtion forhi.-Prices'shall be alI-inclusive: No price. Choi!es,.additions, or spbsequent-qualificaddhs will ;be -honored 'duriog the course* of the contract. All prices must be written in ink 'or typewritten.. Pricing on all transportation, freight, drayage and: other charges are to be prepaid -by -the Contractor and- included in the :bid prices.: If there are any additional charges of any kind, other. than those mentioned above, specified or unspecified,. offeror -MUS.T indicate -'the items -required and attendant .costs or: forfeit the. right, to: payment -,for such items. Where unit pricing and extended pricing_ differ, unit pricing.prevails.:: TAXES Brazos County is exempt..from all federal excisey:: tate and: local taxes unless otherwise: stated in :this contract:.-Brazos:County:claims exemption from all sales and/or use taxes -under Texas Tax Code = . §151,309, as amended. Texas Limited Sales. Tax Exemption Certificates will be. furnished .upon written.: request to Brazos County Purchasing Agent. = - 'GOVERNING FORMS..= In: the eveni-of any conflict of interpretation of any- part:of this overall contract, Brazos County 's. interpretation shall -govern. Irl the event of a -conflict between 'the ternis,..conditions, provisions, :and specifications of thls:contract and any other teims, conditions, provisions, and.specifications provided by the Contractor;:the terms:of this'contract shalsupersede. GOVERNING LAW AND VENUE: ::.. This bid solicitation is governed by:the laws of the, State of Texas; specifically, -the competitive -bidding requirements: of the :County Purchasing_ Act, Texas Local:: Government Code; §262.021- et seq.,..as . amended. Offerors 'shall: : comply with- all applicable .federal, state and .local laws and regulations. Offeror is further advised: 'that these requirements shall: be :fully governed: by'the laws of the: State of :.. Texas and that'Brazos: County ;may request and rely. on advice ,"decisions .and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these,.requirements. Potential vendors -ate advise&they niay have .diselosure:iequirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to .do business with the County to disdlose any gifts that have an aggzegate value in excess. of $250:00 given to any employee of the County, County Official to the County Official's family members or employrr'ient of any employee of the County, County Official . 'or the :County Official's family members duririA:the preceding twelve (12) month period.. The disclosure questionnaire must be:.flled with the Brazos County"Clerk.";Refer to Texas Local, Government Code,. Chapter 1.76 for the.details of this' law. Bidder understands that Brazos County is a government subject to Texas State and -Federal public information statutes.. Venue shall -lie exclusively in Brazos..County, Texas, notwithstanding anything. to the contrary. Contract No. C1P:19-608 BRAZOS COUNTYTEXAS: . - ... � � Page 5 of 10. Pages . . DISQUALIFICATION OF OFFEROR Upon signing this contract, an. offeror offering to sell supplies; materials, services, or equipment: to Brazos Co -duty certifies that theofferor has not violated the antitrust laws -of this state codified in Texas Business and Commerce Code §15.01, .et seq., as amended, or the federal: antitrust4aws, and.has. not communicated.directly ovindirectlythe bid made to any competitor or any other person engaged in such. line of business. Any or all bids may be.rejected if Brazos County believes that collusion -exists among -the offerors. Bids in which the prices are obviously unbalanced may be rejected.�Requests to withdraw a submitted bid orproposal are subject.to the approval of the Purchasing Age# If any::section, subsectior4-paragraph, sentence, -clause, phrase or. word of these requirements orr the specifications -shall be held invalid, such -holding. shall not affect the..remaining'portions. of these requirements and the #ecifications and it .hereby:declared,that such remainirig: portions -would have been hicluded in these requirements and the - specifications as though the invalid portion had been omitted... :. :.. . SILE . C OF SPECIFICATIONS.: . ' The apparent silence ofspecifications as to any. detail, :or, the apparent omission from it of a- detailed = description:concerning any point, shall be; regarded as -meaning that only the best _commercial practice. is.:' to- prevail and that, only material and --:"workmanship of :the finest. quality :are"to b&. '.used. :All'- :. interpretations of specifications shall: be made pxn the basis of this:statement.: - The items fiunished under .: this contract shall be new; unused of'the -latest product in production to commercial traderand shall be of the highestquality asto materials used and workmanship. Manufacturer furnishing these items shall -be".. experienced in design and construction of such. items and shall bean established supplier ofthe -item bid: TE RIVIINATION Brazos, County reserves the right to terminate the contract for default if offeror breaches any of the terrias therein; including warranties : of offeror or ::if the offeror becomes, insolvent or.: commits acts of ' banlatiptcy.•. Such right..of termination is in addition.to aril not iri lieu of any. other,remedies which Brazos County may have: in law or equity:. Default:may be construed -as; -but not limited -to, failure'to- deliver. the -proper goods and/or services within the proper -amount of -tine;: and/or to properly. perform . -any and all services required to Brazos- Count V satisfaction and/or to meet .all other obligations. and requirements. Brazos.County may. terminate the contract without cause upon thirty (30):days written. notice.. POLICY 1Z-EQUIRE1 IENTS FOR CERTIFICATE OF INSURANCE- CONTRACTOR'S' INSURANCE : ; 'The Contractor(s) before starting work -for Brazos County; must fiiinish 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 stare: 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 ..... . +'",SI Contract No. CI R 19-608 BRAZOS COUNTY, TEXAS Page 6 of 10 Pages . . $1,000,000. •In the event any work is sublet, the ;Contractor shall require the subcontractor .siniilarly.to provide the same coverage. and shall. himself acquire evidence of such coverage on behalf of the.subcontractor. Waiver of subrogation is•req&61(TLC1Sec. 401.011) (2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy shall be: on the Co.rehensive-General Liability 1986/90 occurrence form, -:and shall include coverage for acts' of independent contractors, and shall. name .Brazos County as an additional insisted. Waiver -of subrogation :is required. No claims made policies -are* acceptable without - prior approval by the Commissioners CourtMisk Management' (3). Automobile Public Liability Insurance with. a-$ 1,00.0,000 Combined Single Limit, in all self= " propelled vehicles used tri connection with the contract,whether owned, non=owned orhired, 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:. " MUTATIONS :. The parties are aware that there are. constitutional' and .statutory' limitations. on -the- authority of Brazos , County : to enter :into certain terms and conditions of :the contrast, including, blit: not limited to, authorizations- , of the: -placement of liens . on- Brazos -County. property; disclaimers 'and limitations of warranties; -disclaimers and limitations of liability,for- damages; waivers, disclaiiiiers and limitations. of legal rights, remedies, requirements. and processes; limitations of *.periods to bring legal action; granting control of .litigation or. settlement to another party;, .liability for acts or omissions of third parties; payment of -attorneys' - fees; dispute resolution; ;:indemnities• •and confidentiali(collectively, the-. "Limitations"). -:Any contract -terms and conditions related -to the Limitations :will 'not be binding on Brazos County except to the extent authorized. by the laws: and Constitution of. the Stafe-of Texas. COVERAMSMAGES 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.liy the Contractor..: SOVEREIGN IMMUNITY. , The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, "officers, employees, agents,. and volunteers as a result, of its execution of this. conntract..: and the performance: of the covenants contained herein. Further, Brazos County- is' not responsible. for any civil Iiability that arises_ from any act or omission made within the -course and scope of this contract. The parties understand and agree that Brazos County does not assume civil. liability under: any theory of law for the :actions of the Contractor in providing services hereunder. Vol. oRER�I Pg. " c Contract No. CIP.19-608 :. BRAZOS COUNTY, TEXAS Page 7 of 1Q Pages NOTICES -Notices shall be -mailed to. the addresses designated herein or as.may be designated in writing by the - parties from time to time: and shall: be 'deemed feceived when sent postage prepaid' U.S. Mail" to the followinaddresses:: g ... .:' BRAZOS COUNTY: .: Brazos County, Texas..: Duane Peters, Brazos County Judge : . :. 200 South Texas Avenue, Suite 332 B r,. an Texas 77503 CONTRACTOR: Sales: Contact_Namei— - . P_ Bone Number: Billing Info: s �eltl Z/t-li0-/O�/f� aso �• ..i�rc... Z/G•si,10---wan ... ASSIGNABILITY : ::.. This.contract may not .be. assigned without.thdprior.written pennission•of Brazos -County. FISCAL; FUNDING CLAUSE Notwitlistanding 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 aid any extensions and renewals thereto.. WAIVERS No waiver- by- either -party Hereto of any -term: or. condition ' of this contract: shall be: deemed: or . construed -.to be:a waiver:of"any other.term:.or"condition or subsequent waiver of the same..term or condition." . - ENTIRE:CONTR-ACT This contract represents `the• entire and integrated "agreement between Brazos' County and the Contractor : and 'supersedes. all prior.negotiations, representations;: or contracts, either, written or: oral.: This contract ffiayv only.be amended,by wntten instrument approved- and executed by the arties. = AVAILABILITY AND RETENTION OF. RECORDS'''. : All records: relating to. the. service provided- under• this: contract; and supporting documentation for invoices-- : ... submitted -to Brazos County by :the Contractor- shall be retained and made availabie by- the Contractor for � . audit by BrazosCounty, it -duly authorized representatives, the State of Texas:(including, but not:limited to.:the Auditor of the:State of Texas, Inspector General or duly appointed law enforcement. officials) and. : agencies ,of the United "States: Government: 'Such' recoid..:shall be returned by Contractor -and made available for any time period required. by state:or federal: law. If changes occur"in the;:governing-state or -. " federal law, regarding retention records, Contractor .shall comply" with such' changes: " If an audit is initiated before'the expiration of such time periods :required by state or federal law regarding:retention-of . va. a Pg. .... ... Contract No. CIP 19-608 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Vol. pg. 10 Contract No. CIP 19-608 •BRAZOS COUNTY, TEXAS. ... Page 9 of 10 Pages HOUSE BILL 89 &: DEBARMENT VEWCATION Brazos. County is federallymandated to adhere to the directions provided in the President's Executive Order: (EO) 13224,= Executive Order- on Terrorist Financing-BIocking•:Property and Prohibiting Transactions. With Persons Who . Coconut; Threaten• to Coriimit, or Support Terrorism, effective 9%24/2001:and any subsequent' changes Mi 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 oftheUnited States Treasury's. -Office of Foreign Assets Control (OFAQ.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 incompliance with the. State of Texas statutes and:rules relating'to procurement:and.that Respondent is not listed. on 'the fedeial government's. terrorism :watch list as described .in ,Executive. Order 13224. Entities ineligible for federal procurement are listed at https,//wwwisam.govi The undersigned affi hs' the non -debarment statement above, that they, are duly authorized --execute this' contract. ' The company representative below further-.affirmsihat the company submitting this proposal, under the'. provisions °bf Subtitle F, 'Title .1°0, and Government Code .Chapter 2270: ::. 1. Does not boycott Israel currently; and 2. ;Will not boycott Isrsel during: the term of the contract. Pursuant to Section 2270.001; Texas Government Code: 1: - ""Boycott Israel" :means refitsing .to. deal with; terminating business' activities withi 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 territozy, -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, includin& a wholly owned. subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make. a profit..' :. Cornpany-Name:; Authorized Company Representative:�iHi� �f `QGo C/.a00, .a�G �,rf7Go �l Address:.�� 0 7. S7�sr,T C:../� ` ,s rJ, :�j� :: S%/a - - .. eeeeeiu1//110 1' .. . ' .Signature:: 6 Date: / /8 0419 _ Contract #: �/ �� ' �d� _ �y ;A` n ::. :.. 4 ME .. -. .. _t {.81. � Pte. .�\ '. !!�1�1111111��ee�• i1 I Exhibit A Garland1DBS, Inc: - 3800 East 91s" Street Cleveland, O.H•44105 Phone: (800):762-3226 S ince 1•:8:9 s Fax: (216) 883-2055 ROOFING MATERIAL AND SI=RVICES PROPOSAL MHMR Building:- . :13rbios County 302 East 24th Street Bryan.,: TX x'7803- .. Date Submitted::011021201:9.. Proposal #: 28- A90009 ' •MiCPA # 14.590.3 Purchase: orders to:be made out to: GarlandlDBS, [no.' please NO.The following budget/estlmate:is tieing provided according to the pricing established under tho Master lntergovemmental Cooperative Purchasing Agreement (MiCPA) with Cobb Gounty, GA and U.'& Communities. ThWbudgettostitfiate should be viewed as the: ; axhum price'an agenOY:wlll be charged under.the agreement. Garland/DBS, Inc. administered a competitive bid process for the -project with the hopes of providing. lower •' market adjusted pr[ce wtiertever. po§sible. :::.. Scope of Work: 1.. The scope of work for.the project begins with tbMoving,the,exist1ng single ply and .. Built-up joof systeriis down Wt_he lightweight concrete decking.: Damaged :lightweight:;, concrete will be replaced on a unit cost basis... 2. TWroof system.begins with' mechanical) fastening a Type 11 .Venting: base sheet with Y a split shack'fastener.-A fast mer.pull out test will be. required to verify lightweight :• concreto'hoiding'ppwer dnd ti: ed-for submission of:a-building speciticfastening �. pattern layout: 3. A.riew insula4on.systeii '.will lstartwith Zlayers:of 2.2 inches of poly[socyanurate Insulation. Inis to beladhered in insulation adhesive. - -4: A'/4' tapered insulation boards are to follow.*See attached tapered �insulation'plan for mbre'detatls.: S. The contractor is to add..addJtional perimeter riailers for new Insulation bbight.:' 8. Anew 1W.'.0curock gypsum, overboard Is to be adhered over the-tapered insulation :.. system, .. 7. Anew two-ply 313.8 modified bitumen membrane system is to be installed on the roof system. One:'ply of Viking Ultra-Shield torch applied base:sheet and.one.ply of:":.: :... . Stressply.IV.Mlneral surfacetorch applied cap sheet. : S: Two of:the'existing-HVAC S}� tems are being:removed•and installed on 66 -ground 9. RTU-1 is remaining-arid is k be raised.to meet, new Insulation heights.--.' ... :':. V 10. Install -new pre-palnted 24rgauge metal,.gutier-s;downspouts'and sufface•mounted: counter -flashings to provide a complete watertight roof assembly. Color to be chosen :. by Brazos County.:.: :.. :. 11'. All new• -galvanized vents are to be fabricated'and Installed on the ptoject. New Vents are to be prlmed and palhted White:.. 12. Existing gas line is to be primed and painted.yellow, 13; New lead vent pipes -are to be -raised to insulation height. 14. A new. expansion. joints is to be installed: on roof system. -. :. 16, New termination. bar ah6 surface mounted counter -flashings are to be'. Installed: at all roof base flashings. 16; Any sod:that is damaged in dUring-consttuction will be replaced -by contractor'at end:: -- of - project. 17. Engineered siamped roof plans are to be supplied by roofing'manufacture. =' ' " 18. Building:Perlrit is to be supplied by GariandlDBS, Inc... Antlolpated Project Schedule: A. 2 -weeks for roof -removal and installation :B. 2-week:for installation of gutters,'dowhspputs and clean-up. ; Line Item Pticirig Item,# ... :... p :.. ItemDesofl tion:-" . ' "" UnItPrtice.'; Quantity � Unit Extended Price .. . Tear -off•& Dispose of Debris: -SYSTEM TYPE 2.07.. BUR W/ Insulation and Mineral Surfacing = ' ==: Lightweight/ Gyp Deck.. ::.. :::. $ :'1.82 53pa SF V$ : 9,646 Roof Deck and Insulation Optlon:.LIGHTWEIGIi`f CONCRETE I GYPSUM ROOF DECK - TORCH APPU. b / SELF -ADHERING APPLICATION--' ::. INSULATION•OPTiON: - Must Medhanioally Attach " $ 24 01 a Base Sheet Adhere Palyisocyanurate in Insulation Adhesive / Adhtere;Tteated Gypsum- .... Insulatlon Board with: Glass-Mat.(a.g. D" nsDeck/ = Securoc%i Equal) with -Insulation Adhesive to provlde an Average R -Value of 20::.. ' In.Compllance, FM 1-90 Requirements $ 6.24 5300 SP 4 27,772 Ineolatlon Recovery'Board 8 insulations Options: ADDITIONAL.iNSULATION OPTION (OVER AN EXIT [N(3: ROOF) 4,33 Install 2.0" of Polylsocyenurate Insulation Over 6n - Existirig.Roof. All Wet Insulation Must be: • :: Replaced Prior:tdInstallallon of New Course of. insulation $ 1.60` 5300 SF insulation Recovery Board & Insulations Optlonst INSULATION SLOPE OPTION '. 4.54 Provide•a 118" Tapered Polyisocyanurate.lnsulation System while -Maintaining the Average R=Value;.. ` :: Adhered i 1th'Insulatlon Adhesive: '$ d.2b :750 5F 1:$ 3,1:50 2-PLY ROOF SYSTEMS. COMBINATION5.00 A BA5E PLY & A:CAP SHEET; (TOP PLY) , :. PLEASE NOTE: BASE PLY & CAP SHEET -COMBINATIONS MUST BE APPROVED BY THE" 12.13.02 MANUFACTURER: ROOF CONFIGURATION ` 1 *'of Torch Base Sheet Installed with -Parch -' Application: BASE PLY OPTION: -ASTM D 6163. SBS Fiberglass Reinforced Modlfted Bituminous• Sheet Material Type iIi - 210 Ibf/in tensile : ' $ ...3.37 5300 SF" $ ... 17,851 2-PLY ROOF SYSTEMS- COMBINATIONS:OF. A BASE PLYA A`CAP SHEET'(TOP PLY) PLEASE NOTE: BASE'PLYA CAP:SHEET COMBINATIONS MUST BE APPROVED BY THE MANUFACTURER: ROOF CONFIGURATION ". =12:41:01 1 Ely"of Mineral:Surfaced, Torch-Applied Cap - Sheet instalied with To Application; ROOFING. MEMBRANE OPTION: - ASTM D 6182 SBS :. Flberglass/Polyester.Relnforced Modified •". Bituminous Sheet Material Type I II:- Minimum 300 lbf4n tensile Torch-Applied Membrane.. $` 5,78 5300 SF $ 30,634 METAL STRETC Gutters - 24ge, Kynar Coated Steei @ 22n , w/ 6. .. . ::H OUT bends $" 12.19 320 LF $ ::.3,901 METAL. 4°. Downspouts - 24ga; :Kynar Coated steel @ 1 t3 - ' :STRETC: w/4 bends ' H-OUT $.. 10.28 :''60 LF $ : 616' 23.155 Equipment: Crane'EquipmentiRerital-uptb_law $•::•-1,250.00 =" 6DAY $ ...6,250 Roof Accessories, Termination bar, aluminum, l/4." 23.142.. x 1n ... :.... : -$ :2:27: 320 LF $ 726 RoofAccessorles: Eicpanslon joint, butyl or • 23.137 neoprene bellows, galvanized fisnge :.':.: $ :::.:11.77 :":.:320 LF. ':.:$ . ::-•3,766 Sub Total Prior to Multipliers. : $. -.112,802 JOB SITE SPECIFIC MULTIPLIERS APPLIED TO' EAQH LINE ITEM_ON ASSOCIATE JOB::: : - • • • MULTIPLIER - ROOF HAS LARGE AMOUNT. OF . .' ' .' . :: PENETRATIONS I ROOF TbP OBSTRUCTION$ Muitlpller:Applled Wharf Open Roofing. Area Is = •22,12 UrnitedDuetoaLsrgeNumber ofRoof .. ' Perietrations sudh•as•Soll Stocks, Sky Lights, Roof Drains, Exhaust Vents,. HVAC Uhits, etc.,,'drwhen :. there area Large Amount of Roof Top Obstructions,. such as:.Pipes, Duct Work, Electrical Wires, Hoses; :etc. ' : 60%, 1 EA $ 6fi,401 JOB SITE SPECIFIC MULTIPLIERS APPLIED TO • . • EACH LINE ITEM ON:ASSOCIATE JOB: MULTIPLIER - ROOF SIZE IS GREATER THAN • • . . 5,000 SF, BUT LESS THAN:10,000 SF :.22,45 Muigplier Applied when Roof. Size Is Less-.than 16,000 SF, but'Greater than 5,000 SF Fixed Costs: Egulpment, Mobilization, De'mobliization,:: - Disposal-, & Set-Up Labor are. Not EoinPfetely. Absorbed Across Roof Area :.. 30 /o :. 1 EA.. $ 33;841 Sub Totals After Multipllers S 203,044 Base Bid Total Maximum Price of Line Itemtunder:tfie"MICPA: $ 203,044 P:rosd 'rcQFBasirllirl�ai e ; ber eiGe'{av .. `Y� a. tip` 1.. a33 GariandlDBS Price Based Upon: Local Market.Com 'etition: '- �, . �" ' ., X33 Arcadia' $ .200,017 " CS Advantage-USAA •. - , � - .:- $..:201,255. . .. .. .. Unforeseen Site Conditions: - .. Lightweight Deck Repair (SF) :: $ 19,95. Potential issues that could arise during the bonstrilction• phase of the project will be'-addressed.... = via unit pricing for additional work beyond the scope of the speccaiions. This .could range anywhere.from wet insulation, to the replacement of deteriorated wood nallers. Proposef ' ::'...pricing; valid 60 Days from date listed above. Clarificatlonsl xclusions- 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2: Bonds are included:: . ::- 3. Plumbing, Mechanical, Electrical work is excluded. 4. Masonry work Isexcluded. :.:. .5, Temporary' protection Is excluded: 6: Any work'not exciusively described In the above proposal scope of work is excluded:":. : if you have'anj► questions regarding this proposal, please do not hesitate to call me at the -numberlisted below. Respectfully Submitted Joe Mullen ... Garland/DBS; Inc. (216) 430-3635 imulle46�landlndx6m :. :.:. Vol.�� :::.pg, :�.Q Exhibit B aN've THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2'd Floor A a w ; College Station, Texas. 77840 MinimumPrevailing Wage Rate X1876 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 4.33; 14.33.- Electrician Electrician -- Journeyman -20;27' Blectrieian - Apprentice :13:50 Elevator. Mechanic'- Journeyman- . ::.. 56.39 Elevator Mechanic - Apprentice .47,12 Eire.Protection--Controls . , :... :18.86 = Fire Protection - Pipef tier 18.84. ' -Formwork Suilde'r 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:Operatoi•-Heavy Painter 12:50 Pipefitter•-:Joutneymal>, .:28..44 -Pipefitter = Apprentice 15.90. PIastecer .14.81 Plumber- Journeyman::... :: . 26.94 Plumber -=-Apprentice. 167..35. Reinforcing Steel: Worker 13.80 Roofer ::.. ::'. ::.. :13:80 Stone Mason ' 15;51 Terrazzo Installer ' 11.6.4 Tile Setter 14.76 Wateiproofer : :14.26 Note: Lisked itiin'nnum prbV0ing wago rate is the base hourly wage rate )neluding fringes: RFP # 19-112R Appraisal Services Previously known as RFP #18-111 Com mittee-Ree-smmended Rknewal Awa Approved: Date Approved: Max Points Available ST.LovettA associates. CBRE, Inc L Valuation Valbridge & Advisory Property Services Advisors Paramount Property Analysts 1 Experience of Firms personnel 30 30"! 28 30 24 27 2 Capacity to Perform 20 18:"" 15 17 14 15 3 Personnel Qualifications 25 -'24 21 24 20 22 4 Governmental Experience 25 25; : 18 20 16 17 Technical Proposal Totall 100 97' 82 911 741 81 Com mittee-Ree-smmended Rknewal Awa Approved: Date Approved: e rr Brazos Counly aa,, .� D• p Purchasing Department 200 SOUTH TEAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 January 29, 2019 S.T. Lovett & Associates 3600 Lovett Lane College- Station, TX 77845 Re. Renewal of Contract #19-11218 Appraisal Services Brazos County appreciates the quality work your company -has provided and would like to exercise the renewal option for Appraisal Services 19-1128, previously known as 18-111. All terms, conditions, and .pricing shall remain the same. This renewal term will be for one year from May 1, 2019 to April 30,.2020. To accept the renewal option; please fill out the information and sign below. Return the signed documents by email to knachlinger@braz6scount3U.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4285. Contact Name: : Teyc Love= Title: e9w�erg E -Mail: S e Lyy e+ Q Ve re sou. N L-7' Telephone: c? 7 IF "' 7 7 S.T. Lovett & Associates Authorized Signature E CC TY -- Duane Peters, County .budge Vol. Pg. F_.. - - ....-------.._ .. . -. -. ___ 7��/l� HDate 2 /3 1q Date Mowing of County Right of Way 19-12011; Previously known as 18-113R, 17-276R and 2015-39 April 30, 2019 - April 29, 2020 3rd Renewal of 3: Wellmann Enterprise =dL!E er Court on this � � day of � � .2019 by holding the position of V Chemical Weed Wellmann Enferpnses t _Control:lnc. FENCE TO FENCE MOWING $500.00 00e PRICE PER MILE i ^$99 Y SAFETY MOWING $300.00 i $59 OOe' i PRICE PER MILE LINE TRIMMING PRICE PER $200.00 $19 00 'r ii MILE = ,t FIELDS OR BY DAMS PRICE PER ACRE $80.00 4 $70 00` 3rd Renewal of 3: Wellmann Enterprise =dL!E er Court on this � � day of � � .2019 by holding the position of V Brazos County Purchasing Department January 25, 2019 Wellmann Enterprises PO Box 1003 Brenham, TX 77834 A.tta: Jeffrey Well nano 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 Phone: 979-830-3898 Email: Re., Renewal of Contra ei #I y -120R for Mowing of County Right of Ways previously known as #18-113R, 17-276R and 2015-39. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for contract #19-120R for Mowing of County RighI of Ways previously ln:own as #18 -113R,17 -276R and 2015-39. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start April 30, 2019 through April 29, 2020. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4284. Contact Name: 5616 req KK ell M CI M 1 Title: DiJ1312-( E -Mail: Y I LO e l t ria ft 11 v "DO I Com Fax: WELLMANN ENTERPRISES �z uthorized ignature B S CO NTY Duane Peters, County Judge W-9— l 1 Date Date Item Coversheet BRAZOS COUNTY BRYANJEXAS Page 1 of 1 H DEPARTMENT: CC 2019 - Private Property Access Road and Bridge NUMBER: - SJM Series, LLC - Jack Creek Road - Repair drainage area due to DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: 2/13/2019 Request permission to enter private property owned by SJM Series, LLC located 1 mile southwest of FM 974 on Jack Creek Road. County will repair drainage area that has eroded at the end of roadway culvert pipe. Site Is located in Precinct 2. Commissioners Court Darrell Kolwes 02/05/2019 False False $0.00 File Name Description Tvpe Private Property Access - SJM Series, LLC - Backup Private Property Access - SJM Series LLC - Jack Creek Road - Repair drainage area due to erosion.pdf Jack Creek Road - Material Repair drainage area due to erosion. �_Uunry Juage Y httns://Frrazos.novusagenda.com/ALrendaWeb/CovcrShcct.asnx?ItemID=18525 2/7/2019 .sK^•s. E4j. J• rJ ni � BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM F— Duane Peters Brazos County Judge Steve Aldit Commissloner Pct.1 Sammy Catalena Commissioner Pd,.2, Nancy Berry Commissioner PcL 3 Irma Cauley Commissioner PcL 4 Brazos County Road & Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office; 979.822-2127 Fax. 979.775.0453 1. OWNER(S): SJM Series LLC -Tooth Acres Series (979) 776-7166 II. ADDRESS: 2310 E. Villa Maria Rd. Bryan, Texas 77802-2649 111. LOCATION OF WORK: On Jack Creek Road, 1 mile southwest of FM 974 Property ID 16239 — Moses Hughes Survey,: A-134, Tract 5, 103.672 acres IV. DESCRIPTION OF WORK: Request permission to enter property to repair drainage area due to erosion. Work may require the County take down fence and put back when finished. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NIA I '(we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for surveying purposes. Owner's Signature: Date: County Engineer Right of Way Agent Item Coversheet DEPARTMENT: BRAZOS COUNTY BRYAN,TEXAS Road and Bridge NUMBER: DATE OF COURT MEETING: ITEM: T0: FROM: DATE: FISCAL IMPACT: BUDGETED:' DOLLAR AMOUNT: ATTACHMENTS: 2/13/2019 Page 1 of 1 CC 2019 - Private Property Access - Lisa Leinart Six, et al - Wallin Road - Survey drainage area. Request permission to enter private property owned by Lisa Leinart Six, et al on Wallin Road 2.46 miles southwest of Steel Store Road. County's surveyor will obtain topography for drainage review. Site is located in Precinct 4. Commissioners Court Darrell Kolwes 02105/2019 False False $0.00 File Name Description Type Private Property Access - Lisa Private Property Access - Lisa Leinart Six et al - Wallin Road - Survey drainage areapdf Leinart Six, et al - Wallin Road - Backup Material Survey drainage area. APPRO Duane Peters ate County Judge httn.-;:Ilhra7.nq_nnvncauencla_enm/AuenclaWeblCnve.rCheet_acnx?TtPmTT)=1 RSIR q/7nm o E Duane Peters Brazos County Judge Steve Aldrich Commissioner Pc1.1 Sammy Catatena Commissioner Pet 2 Nancy Berry Commissioner Pct 3 Irma Cauley Commissioner Pct 4 I. OWNER(S): II. ADDRESS: ri'� C'y7 ��'t�i1'��•L !Tr 01 �w�F BRAZOS COUNTY. PRIVATE PROPERTY ACCESS FORM "Lisa Leinart Six, et al c/o Dinah Bearden 2940 Clear Springs Dr. Plano, TX 75075-7602 Brazos County Road & Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office: 979822-2127 Fax: 979-776-0453 LOCATION OF WORK: On Wallin Road, 2.46 miles southwest of Steel Store Road Property ID 11481 — Alex De La Garza Survey, A-18, Tract 5, 50 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear brush for surveying. Path will be approximately 5 feet wide and 100 feet in length and be cleared by County inmate crew. Additional Comments: V. MAINTENANCE: Yes IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County. the ability to access the above mentioned private property for surveying purposes. Owner's Signature: Date: Lessee Prarthana Bani' " Darrell W. Kolwes County Engineer Right of Way Agent vol. -pg. a Item Coversheet a Page 1 of 1 0 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2019 - Private Property Access Road and Bridge NUMBER: - Stephen V. Schoeneman - Wallin Road - Survey drainage area. DATE OF COURT MEETING: 2/13/2019 ITEM: Request permission to enter private property owned by Stephen V. Schoeneman on Wallin Road 2.46 miles southwest of Steel Store Road. County's surveyor will obtain topography data for drainage review. Site is located in Precinct 4. TO: Commissioners Court FROM: d Darrell Kolwes DATE: 02/05/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvpe Private Property Access - Private Property Access - Stephen V. Schoeneman - Wallin Road - Survey draina-ge area pdf Stephen V'Schoeneman - Backup Material Wallin Road - Survey drainage area. APPRO .�134167 Duane Peters Nate County Judge httn.://hra7nc.novii.a.tsenda..com/AgendaWeb/C.overSheet.&snx?ltemTD=18534 2/7/2019 W. a , f � nr• u' BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Brazos County Road & Bridge-C.epl, Steve Aidddi 2017 Hwy 21 West Commissioner Pct. t Bryan, Teams 77903 Office: 979.922-2127 Sammy Catalena Fax: 479475.0453 Commissioner PcL 2 Nancy Berry Commissioner Pct 3 Irma Cauley Commissioner Pct. 4 I. OWNER(S): Stephen V. Schoeneman 11. ADDRESS: 6116 Fountain Switch Rd Bryan, TX 778075430 III.. LOCATION OF WORK: On Wallin Road, 2.46 miles southwest of Steel Store Road Property ID 11479 — Alex De La Garza Survey, A-18, Tract 3, 157.217 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear brush for surveying. Path will be approximately 5 feet wide and 100 feet in length and be cleared by County inmate crew. Additional Comments: V. MAINTENANCE: Yes No X 1F YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for surveying purposes. Owner's Signature: i8ffjOren V. Schoeneman ;011- , r Darrell W. Kolwes ' Right of Way Agent Prarthana Banerji County Engineer Date: rf• np v BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Brazos County Road & Bridge-aept. Steve Aldrich 2017 Hwy 21 West Commissioner Pct. t Bryan, Texas 77803 Office: 979-822-2127 Sammy Catalena Fax: 979-776-0453 Commissioner PcL 2 Nancy Berry Commissioner Pct 3 Irma Cauley Commissioner Pct. 4 I. OWNER(S): Stephen V. Schoeneman (j q) -n7—;2599 11. ADDRESS: 6116 Fountain Switch Rd Bryan, TX 77807-5430 III.. LOCATION OF WORK: On Wallin Road, 2.46 miles southwest of Steel Store Road Property ID 11479 — Alex De La Garza Survey, A-18, Tract 3, 157.217 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear brush for surveying. Path will be approximately 5 feet wide and 100 feet in length and be cleared by County inmate crew. Additional Comments: V. MAINTENANCE: Yes No X 1F YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A 1(we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for surveying purposes. Owner's Signature: 6 = - . en V. Schoeneman Darrell W. Kolwes Right of Way Agent Date: Vol.Ci- Prarthana Banerii County Engineer • 1 i �� +: r BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2019 - Private Property Access Road and Bridge NUMBER: - M. W. Sims Estate - Wallin Road - Survey drainage area. DATE OF COURT MEETING: 2/13/2019 ITEM: Request permission to enter private property owned by M. W. Sims Estate on Wallin Road 1.37 miles southwest of Steel Store Road. County's surveyor will obtain topography for drainage review. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 02/05/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Private Property Access - M. W. Private Property Access - M. W. Sims Estate - Wallin Road - Survey drainage area.pdf Sims Estate - Wallin Road - Survey Backup Material drainage area. Vol..• pg.i Item Coversheet Page 1 of 1 F BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2019 - Private Property Access Road and Bridge NUMBER: - M. W. Sims Estate - Wallin Road - Survey drainage area. DATE OF COURT MEETING: 2/13/2019 ITEM: Request permission to enter private property owned by M. W. Sims Estate on Wallin Road 1.37 miles southwest of Steel Store Road. County's surveyor will obtain topography for drainage review. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 02/05/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvpe Private Property Access - M. W. Private Property Access - M. W. Sims Estate - Wallin Road - Survey drainage area.pdf Sims Estate - Wallin Road - Survey Backup Material drainage area. APPRO Duane Peters Date County Judge httns://brazos.novusaaenda.com/AgendaWeb/CoverSheet.asi3x?ItemlD=18541 2/7/2019 E Duane Peters Brazos County Judge Steve Aldrich CommisslonerPA 1 Sammy Catalena Commissioner Pet 2 Nancy Berry Commissloner Pet, 3 Irma Cautey Commissioner Pet 4 I. OWNER(S): 11. ADDRESS: rte ". +j(w qty''" ��tiSs'FIJr •tt�C„�r ` �1 M BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM M. W. Sims Estate c/o Milton S. Newberry 8642 Overlook Rd. Mclean, VA 22102-1524 Brazos County Road 8 Bridge Dept 2017 Hwy 21 West Bryan, Texas 77803 Office: 47@-822-2127 Fax. 978.775.0453 LOCATION OF WORK: On Wallin Road, 9.37 miles southwest of Steel Store Road Property ID 350788 —Alex De La Garza Survey, A-18, Tract 9.1, 161.5 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear brush for surveying. Path will be approximately 5 feet wide and 100 feet in length and be cleared by County inmate crew. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for surveying purposes. Owner's. Signature:: Date: c;?— D vid Stratta - Lessee' �i9�gaa - oyr3 rarthana 13anerji Darrell W. Kolwes County Engineer Right of Way Agent Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 DEPARTMENT:: Road and Bridge NUMBER: CC2019-Winding Creek Estates Ph 1 Final Plat DATE OF COURT MEETING: 2/13/2019 ITEM: Approval of the Final Plat of Winding Creek Estates Phase 1; 26.589 Acres; J.C. Stuteville Survey, A-216; College Station ETJ; Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 02/05/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: Owner/Developer. Wellborn Winding Creek, LLC Engineer/Surveyor: Schultz Engineering, LLC / Kerr Surveying, LLC ATTACHMENTS: File Name Description Tvpe Winding Creek Estates -Final Plat.pdf Plat Backup Material Windino Creek Ph 1 Dev Aoolication.pdf Application for Development Backup Material Duane Peters County Judge y httns://brazns_novusagenda.com/Ac!endaWeb/CoverSheet.asnx?ItemID=18518 i I 2/7/2019 INSET W y 1 m m � �fwm• ry`'� m< / I 1m,•C [u�iW "JO, fCN�f ixrvn lM mt "? WRP. ,vw. K tRo , RM 1..„m% 6rR L FYgll ,"Y� > i,Aa Od•� a ' f Wp.fff01 IW] ,nv a rvim LEGEND vm�:m> w m m[rca d Rawo xa ,mA w �.. rro o....m. r °'._[ e°L..�'i.+ a' � '.:.+rr"� • °p' ' �_-_ � ..r t•Lf"�Mr[fa,...,p".a [,Lr.[f.,+r.rrr.r y:�ryKP"asi �� W�pw rr+ bvrTcir�m-� ^IDS. -_. �. �. w.r. nr rr d�jr� W �ii"•"r Y Y YrYVr,w4u•� .-----------s — •.O�"a.M1[ oK m [m""[im°ra w.[[ P{ � d�"u[m[ mP, O r.•" m.. .�� -;..rmY ,® „T�"�c��;��:�m.�[;d VICINITY MAP M.. ....`"'.•r a.+�v wuc•.wa..w�r ....:+. _. r.. .r'' u n: o'�•"F[ _.�., �w„�..rL.w.r.� r uL re�w a [maC•R d OR �itm w wprv...r w mr •r t�w�iu:w.u: r FINAL PLAT WINDING CREEK ESTATES PHASE 1 26.589 ACRES 1.0. SMEV IIJi' SURVEY, A-116 ORALO.SCOUN".SPXA9 19LO75 MAX%1, IA J -U RLocf:J.1Ars 1x.19 u,w irmir OWRe"Rcm.al"R; sfmvRrfw: RaraRrlw: R., ERR INSET "II• - ..-.. ®••��•�� [u�iW "JO, fCN�f ixrvn lM mt "? WRP. ,vw. K tRo , RM 1..„m% 6rR L FYgll ,"Y� > i,Aa Od•� a ' f Wp.fff01 IW] ,nv a rvim LEGEND vm�:m> w m m[rca d Rawo xa ,mA w �.. rro o....m. r °'._[ e°L..�'i.+ a' � '.:.+rr"� • °p' ' �_-_ � ..r t•Lf"�Mr[fa,...,p".a [,Lr.[f.,+r.rrr.r y:�ryKP"asi �� W�pw rr+ bvrTcir�m-� ^IDS. -_. �. �. w.r. nr rr d�jr� W �ii"•"r Y Y YrYVr,w4u•� .-----------s — •.O�"a.M1[ oK m [m""[im°ra w.[[ P{ � d�"u[m[ mP, O r.•" m.. .�� -;..rmY ,® „T�"�c��;��:�m.�[;d VICINITY MAP M.. ....`"'.•r a.+�v wuc•.wa..w�r ....:+. _. r.. .r'' u n: o'�•"F[ _.�., �w„�..rL.w.r.� r uL re�w a [maC•R d OR �itm w wprv...r w mr •r t�w�iu:w.u: r FINAL PLAT WINDING CREEK ESTATES PHASE 1 26.589 ACRES 1.0. SMEV IIJi' SURVEY, A-116 ORALO.SCOUN".SPXA9 19LO75 MAX%1, IA J -U RLocf:J.1Ars 1x.19 u,w irmir OWRe"Rcm.al"R; sfmvRrfw: RaraRrlw: R., PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: plats ftrazoscountyix.aw APPLICATION DATE': RESUBMITTAL: YES WINO PROJECT! SUBDIVISION NAME: Winding Creek Estates Phase 1 PROJECT ADDRESS OR LOCATION: 5999 & 6201 Stousland Rd LEGAL DESCRIPTION: A021600, JC STUTEVILLE, TRACT 30, 31.915 ACRES IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NIA NUMBER OF LOTS: 19 TOTAL ACREAGE 26.581 JURISDICTION: CITY LIMITS r-/] College Station ETJ 0OUTSIDE ALL CITY LIMITS AND EfJs Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project 0 0 I VRESIDENTIAL RMENUFANTALCTURED HOME COMMERCIAL OTHER (Please explain): •os• IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? YES >tr NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County In evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not Imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. Vol.a �a Pg: PROPERT1rOWNER'lNFORMATtON .x3<kxp 2 ren.,.',.fir FIRM NAME: Wellborn Winding Creek. LLC CONTACT: ML Schehin CONTACT: ML Schehin CITY: College Station ADDRESS: 4040 Bentwood Drive ZIP: 77845 CITY: College Station STATE: TX EMAIL: ml@mis-development.com ZIP: 77845 PHONE: 281-842-4924 FAX: 979-764-3910 FAX: G' EMAIL: mi@mis-developmentcom y PROPERT1rOWNER'lNFORMATtON .x3<kxp 2 ren.,.',.fir FIRM NAME: Wellborn Winding Creek, LLC CONTACT: ML Schehin ADDRESS: 4040 Bentwood Drive CITY: College Station STATE: TX ZIP: 77845 PHONE: 281-642-4924 T FAX: EMAIL: ml@mis-development.com 3iXY {-' -k4 'yid zENGtNEE�i1NFORNFATION i- a `i,..tic f r,; r; �, °}t.3 :,�,-,.: .-x s�s,.u..L.:H s..�ns.,:•" .-.+.,n.a.k4.. �..xn�.. ..'"..k.. s`F,i �rt,.,Ja3. x-.�'Rd.a .a,, FIRM NAME: Schultz Engineering. LLC CONTACT: Brad Kerr CONTACT: Joe Schultz, PE CITY: Bryan ADDRESS: 911 Southwest Parkway E ZIP: 77803 CITY: Collsoe Station STATE: TX ZIP:77840 PHONE: 979-7643900 FAX: 979-764-3910 EMAIL: eng®schultzeng.com SURVEYOR INFP.RMATIONr z fora snr x..x�_�-„ FIRM NAME: Kerr Surveying, LLC CONTACT: Brad Kerr ADDRESS: 409 N Texas Ave CITY: Bryan STATE: TX ZIP: 77803 PHONE: 979-268-3195 FAX: EMAIL: brad.kerr@suddenlinkmail.com i:.> #- Q7HER 1NF.ORiiilATION z t r t2 rry r f� y£ A �a s Nn xF Fit t r _rx...2, 'j7a t r.ri.r R.r' ..s ..��,..a..,z - f..�:q.-v`.�Y'.x.:.�..,.< _,•r. --f t FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: ir`' isy _ savary-,, aaay-ea wr..c.ir, ,. ,.earsKLifi ax-a�ax vsv .ar, .eaccvs+ v , �;. rr }t :` F,.r` `''--.;;,•-: ROP�ER7Y-GVVNER CONSENT! AGENT `AU HORIZATION ;; „r v£ 5 By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understood that I agree to the DevelopmentlSubdivision of this property. SIGNATURE:PRINTED NAME: DATE: SIGNATURE: ' PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Apprication and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. DATE APPLICATION RECENED: / ! I DATE APPLICATION RECEIVED / REJECTED: I SIGNATURE: I SIGNATURE: I Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): (K Three (3) hard copies to Brazos County SI One (1) .pdf copy to Brazos County One (1) .dwg copy to Brazos County Ocie (1) hard copy to Brazos County Health District One (1) hard copy to Brazos County 911 N One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District -For On-site sewage evaluation. ❑ Letter from Brazos County 911 - For Road names. L.{ Letter from Water District or Company. - Stating water availability, etc. If property is within. an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. = � ' SIIIttPLIF1ED FINAL] l?LAT REQUIREI4�ENTS �,'. - Every Simplified Plat shall include all of the following: Title Block with the following information: 17 Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ® Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. �r North arrow. V Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. V/ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. Zvicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient.in detail to identify the location of the proposed plat. ®AII adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Right -of -Way width for all Roads. (Existing and proposed) ®AII existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. Utility Services. (Water, wastewater, electrical; natural gas, cable, phone, etc.) Pipelines: label company with volume and page. All certification language as found in Appendix C. Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds,•shall also be provided. FYI] All proposed Easements and existing Easements of record -that have a designated route shall be shown.on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. WIMetes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) aAll Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, BernstenO Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. 7 The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal ,of a Registered Professional -Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points .within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. ®A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two-feet above the BFE, whichever is higher. If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. ®A separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). FVIThe certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. If any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be.provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. Fv/llf the plat contains a water well site, there shall be a depiction of the TCEQ separation r 13 requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. aIf any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. 7 It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ZDriveway culverts for all Lots shall be designed by a Licensed Professional Engineer. 7 If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is'required prior to approval of Final Plat. The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. ZThis check list along with the required copies of the plat shall be submitted to the County Engineer for approval. 7 Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. ZAll existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Every Master Plan / Preliminary Plan shall include all of the following: Title Block with the following information: Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and s u rveyor. Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) F]Date of preparation. (Include the date of any revisions on the plan.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Abstract name and number. FIThe Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". FINorth arrow. Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ❑All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. FIA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. FIAII adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. All parcels within the boundary of the Subdivision shall have a.Block and Lot number shown on the face of the plan drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. F]Road names and Road designation (whether the Road will be public or.privately owned), pavement width and Right -of -Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) All existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑ Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc_) (Existing and proposed.) F]Pipelines: label company with volume and page. The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. Size, in acres, of all Daughter Tracts. Centerline tangent lengths and curve data for all proposed Roads. Easements and rights-of-way shall be dedicated to the public. The dedication of all. Easements and rights-of-way shall be accomplished free of liens. r All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plan note. Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). If there are any areas within the ,plat that include a FEMA-mapped Floodpiain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two-feet above the BFE, whichever is higher. If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. A drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. F] If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. F] If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. Locations of existing and proposed public areas. Locations of other public Improvements, including but not limited to parks, schools and other public facilities. The location of proposed cluster mailboxes, as required. All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. If the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision Refer to Article 8'for additional requirements. This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. Drainage narrative in compliance with the BCEDG. Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer. service, private sewage disposal system and On-site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades. for each main between manholes and the depth at each manhole shall also be shown. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. • map . �, Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ZIf public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in 'Appendix G.3 shall be placed on the face of the plat. ® The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. aIf more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. Locations of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. ZProposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these. Regulations. Infrastructure costs should be separate for each phase of the Subdivision. ZLocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. i Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 DEPARTMENT: Road and Bridge NUMBER: CC2019-Green Branch Ridge Phs 6 Final Plat DATE OF COURT MEETING: 2/13/2019 ITEM: Approval of the Final Plat of Green Branch Ridge Subdivision Phase Six (6) along with request for variance to Article 7.H.7 of the Brazos County Subdivision Regulations pertaining to storm water detention; 35.89 Acres; Richardson Perry Survey, A-44; Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 02/06/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Variance Request - Green Branch Ridge Ph 6.cdf Variance Request Backup Material Phase 6 Final Plat 24-19.odf Plat Backup Material Green Branch Ph 6 Dev Agolication.odf Application for Development Backup Material Duane Peters ate County Judge 1ione•//hra7ng nn"mgaaPnria rnm/AaPnrlaWPh/C'nvarChPPt agnx9itPmTTi=1 RSRO ?.nlxo19 PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: plats anbrazoscountvbc.gov APPLICATION DATE': January 9, 2019 RESUBMITTAL ❑YES ®NO PROJECT/SUBDIVISION NAME: Green Branoh.Ridge Subdivision Phase 6. PROJECT ADDRESS OR LOCATION: 9¢71 Steep Hollow Road, Bryan, TX 77808 LEGAL DESCRIPTION: A-44, Richard Perry, Tracts 38.3 (1.759 ac.), 16 (16.058 ac.), 16.2 (35.306 ac.) IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 26 TOTAL ACREAGE 35.89 Acres JURISDICTION: ❑ CITY LIMITS I@ City of Bryan ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs ' Notification of Application completeness will be given within Ill days of Application date. All Incomplete Appilcations will be rejected. This Application shall expire from. the Applfcaticn date of the proJact.. TYPE OF ❑ MASTER PLAN ❑ SIMPLIFIED PLAT ❑ PRELIMINARY PLAN 19 FINAL PLAT ❑AMENDING PLAT ❑ REPLAT ❑ MANUFACTURED HOME ® RESIDENTIAL ❑ COMMERCIAL RENTAL COMMUNITY E7 OTHER (Please explain): . e.tt• IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR.FLOOD HAZARD AREA? i@ YES ❑ NO- Ackriowledgmant: The.flaod hazard tmundary maps and other flood data used by Brazos County In evaluating flood hazards to proposed Developments era considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will accur and flood heights may be Increased by man-made or natural causes, Issuance of a Floodplain., Permit In accordance with the Brazos County Flood Damage Prevention Ordinance does not Imply that Development outside the areas of spedai. }toad hazard will be free from flooding or flood damage. Issuance of a permit shalt not create Gabllity on the part of Brazos County or any ofrtcer or, employee of. Brazos County In the event flooding or flood damage does occur. ' 1 • ". ,AP CANT.INFORI�ATION, �L g' � , k , a � s , `� � " ...�._:`"w ..r .' t t€ ✓ t � , c f �s+s�:H+MA..rw .ni.r9Y^Ti22Ya...Y»< ._.%ti. .--+.Y. ..—.N •.. FIRM NAME: Beard Family Partnership / Greenbranch Partners LTD CONTACT:- Jim Beard ADDRESS: 9471 Steephollow Road wr Bryan STATE: TX zIP:77808 PHONE: 979.774-1535 FAx 979-774-1662 EMAIL: dmbeard@aol.com €PROFERTY�OWiVER INFORtAATiON a 1, z : a ,, FIRM NAME:. same as owner CONTACT: CONTACT: ADDRESS:. CITY:. STATE: ZIP: PHONE: TFAX 979-846-8252 FAX: . EMAIL CNGINEE :1NFORlylklilOW ux�s�l".FSwncam,.+...w..P�..,p FIRM NAME: Civil Engineering Consultants (CEC) CONTACT: Kent Laza CONTACT: ADDRESS: 1555 Greens Prairie Rd. W. CITY. College Station STATE: TX z P:77845 PHONE[ 979-846-6212 TFAX 979-846-8252 EMAIL klaza@cectexas.com PHONE: FAx FIRM NAME: Civil Engineering Consultants (GEC) CONTACT: Stewart Kling ADDRESS:. 1555 Greens Prairie Rd. W. CITY: College Station STATE: TX ZIP: 77845 PHONE: 979-846-6212 FAx 979-846-8252 EMAIL: skiing@cectexas.com Vol. ,pg. D FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAx EMAIL: Vol. ,pg. D By my signature, l hereby affirm that I am lite property Owner of record, or If the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding Information is complete and accurate, and it is understood that I agree to the Development/Subdivision of this property. SIGNATUF14/PRINTED NAME .::. L �8 4A e DATE: SIGNAT " E: PRINTED NAME DATE: By signing this fort, the owner of the property authorizes Brazos County to begin proceedngs in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknovdedges that submission of an Application does not In any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's court may not follow that recommendation and may make a final decision that does not conform to the staffs, recommendation. : Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District t] One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County -Engineering): ❑ Letter from Brazos County Health District - For On-site sewage evaluation. ❑ Letter from Brazos County 911 -For Road names. ❑ Letter from Water District or Company. -Stating water availability, etc. If -property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. - Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal, it is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol. gig. 1117 CIVIL ENGINEERING CONSULTANTS DDR DURDEN, INC, 01/10/2018 Prarthana Banerji, P.E., CFM Brazes County Road & Bridge 2617 Highway 21 West Bryan, Texas 77803 979.822-2127 SUBJ- Green Branch Ridge Subdivision- Phase 6 and 7A- Variance Request A variance Is hereby being requested for waiving the requirement ferdetention under Article 7. Section H —Drainage and Flood Control, paragraph 7 of the Brazos County Subdivision and Development Regulations. Article 7, Section H, Paragraph 7 specifically outlines criteria with, "The drainage criteria utilized In the BCS Unified Stormwater Design Guidelines shall be used to demonstrate No Adverse Impact." The B/CS Unified Design Guidelines stipulates two conditions that, if met, warrant no detention for the site. Detention under these conditions could even be detrimental to Rood control objectives. (i • Condition 1— Project area Is located near the bottom of the watershed. (��_ O Ageneral rule of thumb is that the development needs to be located In the lower third of the watershed to meet this criterion. As depicted in Exhibit A, Project Vicinity Map, the project Is in the lower third of the steep Hollow Watershed. Additionally, the ^� confluence of Steep Hollow Branch and Wickson Creek Is located In the lower third of the Widaon Creek Watershed that drains to the Navasota River. - Condition 2— Project area drains to the principal watercourse. As depicted In Exhibits C& D, Pre and Post developed Drainage Area Maps, no portion of the project area drains to neighboring properties. Runoff from the project area drains Into Steep Hollow Branch Tributary 3 and directly into Steep Hollow Branch.. Phases 6 & 7A of the subdivision drain to two locations that can be analyzed using two points of evaluation. POE 03 Is located at the confluence of Steep Hallow Branch Tributary 3 and Steep Hallow Branch. The majorley of Phase 6 drains to POE 81. POE 82 Is located directly in Sfeep Hollow Branch at the discharge of the basin directly to the east of the Tributary 3 basin. POE p2 captures Phase 7A as well as some of planned Phases 713 and B. Hydrologic analyses of the two drainage basins found In Exhibits E and F demonstrates that during the 100 -year event post -development flows at POE #1 decrease due to. grading and proposed drainage, therefore detention would not be required. Post -development flows at POE 42 increase, however, time to peak discharge is reduced due to development and reduction to the times of concentration. This has the beneficial effect of providing greater separation ofthe POE82 peak discharge from the overall Steep Hallow Branch peak discharge. Attenuation of the POE42 peak through detention could result In the combination of the two peaks increasing the peak discharges in Steep Hollow Branch. SANANTONIO • anYAN/COLLEG£STATION - LAREDO 4101 S.TERASAVUMSUIMA i BRYAN.TExA577aD2 1(979) 846-15212 [ FAX:(979184G•9252 TEXAS FRIM REGISTRATION NUMBERS:ENGINEERING F-22141 SURVEY 100410001 WNw.CECTFXAS.CCMA CIVIL ENGINEERING CONSULTANTS ' DON BURDEN. INC. .. ... , Point or Evaluation Time to Peak. Time to Peak Peak Flow Are- Peak Flow Post - Pre -developed Past -developed developed (ds.) developed (cfs.) (hrs.) (hrs.) 1 12.85 12.7 328.54 323.71 2 12.5 ' 12.4 268.95 292.94 .. Table l; Summary of 1Myr Event Analysis. ' Based on the ultimate development assumptions of the nineteen (19) single family residential. lots in Phase 6 and twelve (12) single family residential lots in Phase 7A, any proposed detention . facilities would provide no slgnificanf beneritto the surrounding areas and may cause adverse impacts. ' The nominal increase in peak flow Is anticipated to have No Adverse Impacts to the upstream, adjacent 0 or downstream properties Encl. Exhibit A—VIclnityMap • Exhibit 6—FEMA FIRM Map No.48943CO219E . •. , . Exhibit C—Predeveloped Drainage Area Map Exhibit D—Post developed Drainage Area Map %� Exhibit E— Drainage Calculations and Analysis (Pre) C/ Exhibit F— Drainage Calculatlons.and Analysis (Post) Sincerely, ' tPSEOFrg, A—.�`99StIL Kent M. Lata, P 7aL** KE„�•'tt Senior Project Manager MLLgZq Civil Engineering Consultants o ; 65823 kiaza0cectexas,com 9Oir�lQF�N 4'• 979-846-6212 thS/DNAL EN�� 10 ZO/.7 SANANTONIO • . ORYANKOLIEGESTATION .e LAREDO ' 4101 S. TEXAS AMMSUnEA I OnYAN,7EXAS77e02 11979)(14442121 FAX:r979)S413r8252 . TEXASFMMREGLSTnMTIONNUMBERS:ENGINEEWNGF-22141SUnvey.ioo41ec)61www.actE7 com u EXHIBIT A Green Branch -Ridge Phases 6&7 a.�Iau ` B r o O 4 'c feel 0 1000 3M 70[O _ Figure B-15: Steep Hollow Branch Watershed Area STORMWATER DESIGN GUIDELINES 'Pago 10 024 APPENDIX e: REGION'S WATERSHEDS. " Effective February 2007 As Revised Aug—ml 01 nnvixrn .. 1� . - �nlcmtron � , GiHI1NIdfA �a i{iti O i . ' 4rtann.v � 4• �� . w' uieomiw�w f .oavmnvmnuxw v \1R1103 BU7.\'8fl dYfl31YF137NYW14N WO71 ti m Wind 1 M pan nr.,. _ _ . + :• rw O--0 .wr w<)v1..01tvvY aivmv�Q ' 4eM WtlNaat.D..wn.]erl.Mwm .�.rr.r.rrar. NYw.bO i�.� r•.bs.r. r.rnfgnav�I.IJD 1...J ' QN3931 ' 81181HX3 +.W W .r.4w. �r•r l..rr.rew� ti.wv. e. war .►.'r. e SU3SN OL SMN c ....,�....,qe.�n�..a.o�_..a�,1..,a.N....b..,.V�d,Me___. �++...._.....,....,.�n� c4,w�Yiy.;.��d,rm.cm Ywa YCQ . w.Z r,..Mv., ns..�.+r.•\wn aw�s..+� Y..., ..... w... - r.-.. m. Vol. a P9• BRANMi PARA t% LM mo®en . mmi Mqm RSIs S ABS RAM 6 6 7 i. • ° ••• POSTDEVad�-M DRANA. GE k:EA fAAP n �u . Bari i . v .. ... .,-P..1nM YIHHS RG15tM pY R,l, ITQ� mw= Wu(rY, TOM [ea�rai lirm. �s.y ; Vol. a P9• EXHIBIT E Table of Contents Master Network Summary 1 DA•I Unit Wrograph Summary, 100 years 2 11A•2 Unit Hydrograph Summary, 100 yams .4. OA -3 UNt Hydrograph Summary, l0o yews � 6 POINT OF EVALUATION . . #I(Con0uenreTrib 3 and Steep Hasaw Gk) Addition Summary, 100 years 8 POINT OF EVALUATION #2 (Steep... . .Hollow Creek) . Addition Summary, IOD years - .. '9 . Subsection: Master Network Summary Catchments Summary Lebel Scenario Return HYdm wh Tkno to Peak Peak Flow Event vefrane (Imurs) (R7/s) lvearsl 1—fti ` DA -1 Pre-Davekrpment 100 100 47.147 13.050 192.85 EVALUATION -Year DA -2 Pr&Developnent 100 100 20.560 12.750 146.29 and Steep HoOow Gk) -Yew DA -3 Pre Dwelepment 160 loo 42.195 12.500 26995 EVALUATION 02 -year Nadu Summary Label Scawrlo Return Hydrogmph Tine to Peak Peak Flow Event Vclwna (h81n5) .:. (Rs/5) POINT OF Pre -Development 100 loo 75.707 12.850 328,54 EVALUATION .year Yl(Con6uence Tilt 3 and Steep HoOow Gk) POINT0F Pre-Development100 100 42.195 12So0 26895 EVALUATION 02 -Vew (Steep Wow Geek) Goan B.%h Rrdga•Phae7A Pre- Ban96VSyt1@ma,4=Hamt.9MalhWv5aV- Dovabpmontppa Cwter Ifinoto 27 Braman Company Bdm &A. 288 W Watmtwm, Cr OG785 BSA +1.2"766'-mCa BanigpondPadr VN Page oflo Page 1 of t0 Subsectlon: Unit Hydnagraph Summary Return Event: 100 years Label: DA -1 Stone Event, 100 YR - 24 HR Sturm Event 100 YR - 24 HR Return Event 100 years Duratlon 24.000 hours Depth 11.0 In Time of Concmbatlon 1.580 hours (Composite) Area (User Defined) GG.970 acres . Camputational Time 0.211 hoes Increment 47.847 acft Time to Peak (Computed) 13.061 hours Row Ulm%Computed) 193.14 Rr/s Output Inuenent 0.050 hours Time to Row (Peak .13.050 hours Interpolated Output) Computauunai Tlmo Now (Peak interpolated 192.85 Rf/s ' Output) UnitHydmgmphShape Drainage Area 56 CN(Compasite) 60.Ba0 Area (User Vellned) 66.070 acres Maalmum RetenUon 24 in - (PgrA—) Maximum RetenUan OS In (pervious, 20 percent) CUrnaIDUVe Runoff Cumulative .Runoff Depth 0.61n (Perwous) Runoff Volume (Pervious) 47.847 acft Hydrograph Volume (Area under Hydmgmph curve) Volume 47.147 ac -ft SCS Unit Hydrogroph Parameters Time of Concenuauan 1.580 hours (Composite) Computauunai Tlmo 0211 twurs Increment UnitHydmgmphShape 483.432 . Factor 1(Fador 0.749 Re-dingWn9,Tr/rp 1.670 Unit peak, qp 47.95 Rr/s ulut peak time, Tp 1.053 hours Gme*Bnnrh Rk%p- 1we 7AP� Baneoy Syelorru.1= Hnotled Me9*doSaWm Bpolny PmdPerhVal iammmedFPe Crater [09.11.01.551 Zr5 enrol N40} X1050 Peeo1of 10 . Waledm% CrOB7P093a8A Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -1 Storm Event: 100 YR - 24 HR SCS Unit Hydrvgraph parameters Unit receding limb, Tr 4.213 hears Total unit thoq Tb 5.267 hours Green Brunch Nd"-Phna 7APm- Benuey sye —.. hie.. Hsosw Mo6ats BCWuon D.9.YPandPark V01 Dmap emenLppd Cenler lOR11.01.6B1 1111=10 ZT 6lomon romp jDdre SurD200 W Palo 3 d 10 WjIam .Cr08T05 USA N-101.76.'.-1608 s,. Subsection: Unit Hydrograph Summary Return EvenC 100 years Label: DA -2 Starm Event: 100 YR * 24 HR storm Event. 100 YR - 24 HR Return Event 100 years Duration 24.000 hours Depth 11.0 In Time cr Concentration 1.100 hours (composite) . 8S In . 1rea(User Defined) 40.690 acres Oomputallonal'ume 0.147 hours Increment Volume Time to Peak (Computed) 12.70 hours Row (Peak, computed) 146A8 R3/5 Output Increment 0.050 hours The to Flow (Peak 12.750 hours . Interpolated Output) . Row (Peak interpolated 146.29 R'/5 Out) Factor Drainage Aran ' SGS Clp (Composlte) 80.200 Area (User Defined) 40.590 aces Mathm,m Retention 7-5 In (Pervious) - - - . Mailmum Retention 015 In (Pervious, 20 percent) Cumulative Runoff Cumulative RurwR Depth 8S In . (Pervious) RutrofrValume (Pervious) 28.846 or. It Hydrograph Volume (Area uhderHydrdgraph curve) Volume MAW ac -ft SCS Un0 Hydrogreph Parameters Time of Concenwillon 1.100 boom . (Composite) - Computational Time 0.141 hours Inocment Unit Hydmgraph Shape - .403A32 ' Factor KFactar 0.749 RecedIna lWnq jTjrp 1.670 Unit peak, qp 41.91 ft -/5 Urritpeak tkne,Tp 0.733 hours G -11—d ntdao• Phoao7APm- B rWoy Syctams, hro. Itooatad MoOrda BAVan -Vat. Dove rrvntBentoy PPe 03AI IW.11.a1.567 1lMmB 21 Wgnm e4rr�y`a'rDdv'a Sa'Ie2WW Popeldl Wprdnm,CraBMU5A 41-203-76161860 Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -Z Storm [vent: 100 YR - 24 HR SCS Unit Hydrogroph Parameters Unit receding DO, Tr 2.933 hours Total uM time, Tb 3,667 hum I aG�DDmon'h��OD. Ph..7A Pro- Bm-VgS7atpm, la CHHGOW Whodo SohWfl, BonDIy PwVapkV61 .. . 108.11.01.601 1�B2DIB � � � 27 Slomoe CDmpV7Ddre SWIo 200 W Papo6Dr10 Walaw", Cru5725 USA 41.203766.1668 Subsection: Unit Hydrograph Summary Return Event- 100 years Label: DA -3 Storm Event: 100 YR = 24 HR Shorn Event 100 YR - 24 HR Return Event 100 years Duration 24.000 hours Depth 11.01n 71mc of COncaftra0on 0.710 hours (Composite) Area (User Defined) 59.090 norm ' Computational Tlma 0.097 hours .. Increment 81.100 Time to Peak (Cwp W) 17.572 hours Flow (Peak, Computed) 269,gB Rrys Output Increment 0.050 tours Time to Flow (Peak Interpolated Output). 12.500 tows . Flow (Peak tntetpolatd 260.95 Rafs output) Drainage Area SGS CN (Compaslt0) 81.100 Area (User Defined) S9A9D acres Martmum Retention 23 In (Pervious) Maftum Retention 0.5 In (Pervious, 20 Patent) Cumulative Runoff Cumulative Runoff Depth 0.6 In (pervious) Runoff Volume (Pervious) 41474 cc -ft Hydrogroph Volume (Arae under Hydrogroph curve) Volume 42.195 ac4t I lone Or Wmtoencrauon 0 (Composite) ,778 hours lave rted lTlme 0.097 hoots Unit HydroMph Shape 903.432 Factor RFador 0.749 • Recedl%Wsing,TNFp 1.670 Unit Peak, 9p 91,97 R+/s Unit peak 0me, Tp 0.485 hours oma. Brarch Mao-Phoa. 7A Pre- B-0dYSY t*=.h� Naastna MolhadosdWon BmOay PmmPcrk Val 1r8II 1BGn�a 27 mem.n Coot" .. 10a,11,OfSa1 PapBBar 10 Wtlad—k CrIMMUUSA-1.20]-755-168a ' Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -3 Storm Event: 100 YR • 24 HR SCS Unit Hydrograph Parameters Unitrecedinglbnb,Tr 1.941 hours ToIW unit Um%Tb 2.427 hours GMdRRB,V—tVo PJda-Phasa TAPm• BMUey3yetmru.i Hmwd McUMd. 4dwlon aenOeyPandPaih VM uarzoi9 27 M..M a—PW Orde We 200 W Wareww. ar0U7us UaA-i-2w.735-1000 PPaD07 010 Subsectlon: AddlUon Summary Return Event: 100 years Label: POINT OF EVALUATION #1(Coniluence Trib 3 Storm Event: 100 YR - 24 HR and Steep Hallow Crk.) Summary for Hydrogroph Addition at'POINT OF EVALUA71ON #1(Confluence Trib 3 and Steep Hallow Crk.)' Upstream Unk Upstream Node <Caldlment to Outflow Nade> DA -1' , cC3W=nt to Outllow Node> DA -2 Made Inflows InOew Type Element Volume ' Tune to Peak Flow (Peak) W'ft) (howl) (R1/5) Flow (From) DA -1 47.147 13.050 192.05 Flow (From) DA -2 20560 12.750 146.29 Flow (19) POINTOF 71707 12.a5o 31954 ' EVALUATION .. 81(Omfluence Thb 3 and ' 5bMP Hallow CdL) moon Omch Rfdgo-Phos. TAP— BeidlerSrclmm, Iw Wasted M.dmds 5m'u1.n 9onavy PmidPnd(V01 DMI.tWatpp Mnd rd. woS.11.01,5 2r51—C.m v7Odm Suh.20aW Page a or 10 Widmlaxn.CT0G1G3USn N•203469-1e6e Subsecttan: Addltton Summary. Retum Event: 100 years Label: POINT' OF EVALUATION #2 (Steep Hollow Creek) Storm Event: 100 YR - 24 HR Summary for Hydrograph Addition atWINT OF EVALUATION #2 (Steep Hollow Creaky Upstream Unk • Upstream We cMdunenttoOuUlowNode> DA -3 Node Inflows rnilaw Type . Element Volume T1mo to Peak Flow (Peak) (-it) Q—) (R7/5)- . Flow (From) DA -3 82.195 12.SDD 260.95 Flow (in) POINT OF 42.195 12,500 26095 EVALUATION _ 02 (Steep Holkw Greek) 0 Omen 9mndk NdOe-Ptwe7A Pm-" 0.4.y SRlm , 6m. H..dud Nbdkodr 5duunn 8nV.YPandParAVM OovWopCooler (06.11.Ot,50] 1l0R01mentppo 9 . 279k=n C—P.YCd= SOI1r, 2W W Pipe B of 19 WotaMm, CT QW 0S ISA 0-203.766-160e Bi OIsIsI•otOI 0Pd MDDZ-UDS uPG sOLwW1umg9" Ytl*vol A BIOLBII WPM OPM-W POl"m-.4''uwlWH AoAwH -old VL aGuyd •a0 Nuwg lw g I — n� (V�"/ 0 L/ OOI'dN—S Llc)UPV) (>pdD MOnoH doDlS) U NOLLVMVA3 dO IMCd ti"(—mA OOI'Amwums uOn!PPV) (V:) tAgol4 damS pOH E 4U1 m-ri p oo)I* NOLLVLI7VA3 d0IMOd d I /a-wnSWDWNLOIsaw W L'9"'(—A OOT 'Am—s 4dw6wPAH LNN E•VO S'Y'•(—A 001 'AmwumS 4dw6wpAH ]lull) Z-tl0 E'Z••'(stea4O0I'A—nS 4deiSWAH ]lull) INN O xapuI EXHIBIT F Table of Contents MarierNatwark Summary - 1 .. Oki UNt Hydnraph Summary, IOD years 2 DA -2A .. . Unit Hydrograph Summary, 10a years 4 DA -20 Urd Hydragmph SummarY100 rs 6 . . DA -3A Urd Hydmgraph Summary, 100 years -; a DA -30 Urdt Hydrogmph Summary, 103 years 10 ' DA -3C Unit HydmgraphSummary, IUD years l2 POINT OF EVALUATION *I(Conlluenm Tdb 3 and Steep Hallow Gk) .- Addlttan Summary, 100 years .34.• POINT OF EVALUATION 02 (Steep w Ho3w7 Creek) AddlUDn Summary, IDD years M I Subsection: Master Network summary Catchments Summary Label Samado Return HYdro4raph . 71me to Peak Peak Haw Event Volume (hours) (R7/s) - (urarsl (ac�R1 DA -1 Pest-Devolopment 100 47.122 13.50 109.47 EVALUATION IOOyear DA -2A Post -Development 100 5.468 12.350 40.13 and Steep Hollow Crk.) 100 -year DA -28 Post -Development Lou 24.793 11550 141.55 EVALUATION 42 100 -year DA -3A Post -Development 100 12394 12.450 . ' 84.00 100 -year DA -30 Pmt -Development I00 27.280 11400 187.80 100 year DA -3C Post-Davalwment!00 1781 12350 21.09 100 -year Node Summary label Sconadp Return Hydropreph' lime toPeak Peak flow Event Volume. (hours) (Rr/s) (vears) 12DRI POINT OF Post -Development 108 77.383 12.700 373.71 EVALUATION SDOyear 61(conumremb 3 and Steep Hollow Crk.) POINT OF Post-Deverapment I00 42ASS 12.480 292.04 EVALUATION 42 100 -year (Steep Hallow Creek) Dm H—,hRrdpe•Phara7APos1- 90nWy Syatanu, Ing Hnerad Whede Setuden DaralermmLPpe Cmtm ifWDID 2r 81—m C=pwy Drive 6W 200 W WWdwm,CTCWWUSA *1403-75616aa Ogreoy PondParEvel Pope t al t0 Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -1 Storm Event: 100 YR - 24 HR Starm Event 100 YR- 24 HR Return Event 100 years Duration 24.000 hours Depth 11.0 in timeof Cwrcentration 1.630 hours (Ctmposito) 0.749 Area (User Defined) 66.870 acres computational Time 0.217 hours Increment 1.007 hours Time to Peak (Computed) 13.040 hours flow (P -k, computed) 189.85 R7/s Outputlnausent 0Asohours .. Time to Flow (Peak 13.050 haus Interpolated Output) Flow (Peak Interpolated 169.479315 Output) DrainogoAreo SGS IN (Composite) 80.800 Area (UserDenned) 66.070 acres Matlmum Retention 2.41n (PaMous i M wmum Retention USIA (Pervious, 20 percent) - Cumulative Runoff Cumulative Runo%Depth 8.6 In (pervious) Runoff Volume (Pe vlous) 47.647 ac -ft Hydrograph Volume (Area under Hydragmph awe) Volume 47.Mac-ft SCS Unit Hydrograph Parameters Time of Cmcentration 1.630 hours (Composite) Computational Time 0317 hours Increment Unit Horograph Shape 403.432 .Factor K Facto 0.749 Receding/RWng,Tr/rp 1.670 Unit peak, qp 46.48 R7/3 Unit peak time, Tp 1.007 hours Green B.—A Wdaa-Plum 7A P.I. e64110Sy.lame, erc N...ted M.01040So6NOn Ban067.PondP.dV01 GantoAe 8,rn7mRMS 21SI&MM cMPj e eaM200w P.2ofto W0.1e MM872SUBA ♦ -203.76s•1666 Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -1 Storm Event: 100 YR - 24 HR SCS Unit Hydrogroph Parameters Unit receding Umb, Tr 4.347 hours Total unitUme,To SAM hours Glean B—h RW9n-Ptmao7APes1• BWV ybec-tkfte H-Vad MMh da SoleOan BMwQY.PMdpmkv6l GewWPm LPPd Cdnlf 103.11.01567 WIM19 2T5W rCDrMAnYGdw9e9e290W Pepe3cflo Wale . Cr DMS USA vl•701739•I63e Subsection: Unit Hydrograph Summary Retum Event: 10D years Label: DA -2A Storm Event: 100 YR - 24 HR Stam1 Event 200 YR - 24 HR Rehun Event 100 years Duration 24.000 hours Depth IIA in 71meolConcentrallon 0.530hwrs ' (Composite) Area (User Donned) 7.450 acres CompulallonalTime 0.072 hours Increment 71me to Peak (Computed) 12.330 hours Flow (Peak, Computed) 40.21 R'/s Outputlwement 0.050 hours Time to Flaw (Peak 12,350 hours Interydlated Output) . Fkw (Peak Inlerpolnted Output)) 40.13 Rz/s \xJ Jj COCODrainage Aron SCS CN (Composite) 02.000 W Area(UswDrifined) 7.450 acres Maximum RetenUari 2.1 in (pervious) Mmdmum Retention 0.4 in (PerAous, 20 percent) • Cumulative Runoff Cumulative RunolrDepth as in (PeMaus) RunONVolume (Pervious) 5.493 ac -ft Hydrogrdph Volume (Area under Hydrogroph tame) Volume 5.469 a1rn: SCS Unit Hydrograph Parameters Timeel Cancentrallon 0.530 huum . (Composite) . Computauonal Time 0.072 hours Increment Unitarydrogriph Shape 403.432Fac ' K Factor 0.749 Re 'AWRWng,Tr/rp 1.670 Unit peak, sip 15.69 Ry/s Unit peak Ume, Tp 0.359 hours Grameonshmd2o-M—IFAPo* . au0oy Sys!=&Inc Huctad tMuidr S" m B.OyP.Vd tk V91 Oa,,ftMMLPpa Coonan 109.11.01.5fil IIaR0/9 Z761anoo Cwrq yPd.6u04200W P ft2.,I ,GT00/a3USA .1-20:1-755-1106padof to Subsection: Unit Hydrograph.Summary ReturnEvent: 100 years LabEl: DA-ZA Storm Event: lao YR - 24 HR SOB UnILHydrograph Parameters Unit receding lbbi Tr LOS hauls TotalunIttime,Th 3.793 hours Green DmrA Aldo -Phan TA P.t. 984-V GYBWn36 km IlmoWd M.MWx SWuV= Bftypmdpa�kval u Lj)pg camu . V W.am 01.6 2 7=a Me 200 W 06)89 USA .1-211756-1660 Subsection. Unit Hydrograph Summary Return Event: 100 years Label: DA -20 Shen Event. IOD YR- 24 HR Storm Event 100 YR • 24 HR . Rehm Event 100 years Dulatlon 24.000 hours Depth 11.0 In Time of Concentration 0.097 hours (Gamposlto) Area (User Dellrw4 34.400 acres Computatlenal Time Increment 0.120 hours ® Tlma to Peak (Computed) M550 ham Flow (Peak, Computed) 142.16 ft -/s . 9— output Increment 0.050 hours Tema to Flow (Peak 12,550 hours Interpolated Output) Flow (Peak Interpolated output) 141.55 ft -Is Drainage Area A /��+✓7 C ) O1.000 Area (User Defined) i 34.400 ayes Maximum Retention 2.2 In (Pervious) Maximum Retention 0.4 In (Pervious, 20 p—nt) - . Cumulative Runalf Cumulative Runoff Depth 0.7 In (Pervious) Runoff Vohuoe (Pervious) 24.990 acR . . Hydlograph Volume (Area under Hydrograph anvo) Volume 24.793 ac -It SCS Unit Hydrograph Parameters Time of Concentration 0,897 hours ( te) Computational Time 0.120 hours Increment Unit Hydrograph Shape 483.432Factor . K Factor 0.749 Receding/RLVng, TWO 1.670 UnIrpeak, qp 43.45 Ra/s Unit peak time, Tp ' 0599 hours omen B..-hfadae• PMt*7APo7t• MnUay6ystm .k, HaaatadM UM.S40w 9mivay PaM[Pack Vat DavdIMM81199 Ba a 21&—Coq—Vrare Suto2aaW Pegs0 of Is Wetartawm, GT 097i5119A �1.203.764166B Subsedlon: Unit Hydrograph Summary Return Event* 100 years Label: DA -2B Storm Event, 100 YR - 24 HR SCS Unit Hydrograph Pararnaterr unit receang Amb, Tr 2.392 hmn Total unit UmL, Th 2.990 houts C—.&UnCh V-*MflMt"- /7tY161B Z7 ©mem W-WA-CrOOM USA % -14MG-7firWECO Subsection: Unit Hydrograph Summary Return Event• 100 years Label: DA -3A Storm Event: 100 YR - 24 HR Storm Event 100 YR - 24 HA Retum Event 100 years Duration 14.006 tours Depth 11.0 In ThneofCetnrnhaNm 0.643 hours Cumulative Runoff 0.749 Area (User DenneQ 17340maes Computational71me 0.066 hours Increment 1L464 acR _ Tlme to Peak (Computed) 12.431 hours Flow (Peak Computed) 111.62 R3/9 . Output Itrcrement 0.050 hours Time to Flow (Peak 12.450 hours Interpolated Output) Flow Interpolated 54.00 113A �t(Peak . Uminage Area SCS OV (Compania) 81.100 Area (UserOefkued) 17,340 acres Ma:dtmtm Retention 23 in (Pem—) _ Mmdmum Retention OS In (Pervious, 20 percent) " Cumulative Runoff 0.749 Cumulative Runoff Depth 8.61n (per) 30.56 111/9 RunoRVoiume(Pervhms) 1L464 acR _ Hydrograph Volume (Area under Hyduograph curve) Volume 12.394 a" SCS UnitKydrogmph Pommeters Time of Comerrtration (Composite) O.G43 hoots mrnputatlonalTime0.066foms 1 Increment .. _ Unit lfydrographShape 403.432 ' Factor K Fatlar 0.749 Rewding/Rlsk(g, Tr/rp 1.670 Unit peak, qp 30.56 111/9 Unit peak Ume Tp 0.429 hours rnln Bmnth Mg.-Phmo 7APal. B..OoySy.(mty ten. lluckd Mugodo Bwudan B.nuGYPandit kv t ,=."P."P. Center (a10W16 DnSW.200W P.00.W9a51 mrySA 7 *1•203.76&1600 fir Subsection: Unit Hydrogruph Summary Return Event: 100 years Label: DA -3A. Storm Event: 100 YR - 24 HR SCS Unit Hydrogmph Parameters UrUrecedhggml,Tr 1.715 hours Total urdt Hme, Tb 2.143 hours Green Branch F*dgo-P1mee 7APaet- kndrysptarmur. Haemm.ft65at910n BenB9y PandPed VBI Cwtar i0B.11.0tset 11Brt019 mdFpe 27 51=m CmwWDdve Suam20DW papacr19 W■kftWI; CT WM USA 41.207.75rMCG9 Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -3B Storm Event: 100 YR - 24 HR :. Storm Event 100 YR - 24 Hit Rehm Event 100 years Duration MAN hours Depth 11,0 In 71mearConewbation 0.610 harp (Composite) . Area (Use Defined) 35.810 acres Computational Time 0.081 hours Inaement Tore to Peak (Computed) 12.444 hours Row (Peak, Cumpuled) 168.05 Rs/S Output Increment 0.058 hours Timeto Flow(Peak 12400 hours Interpolated output) Flow (Peak Interpolated 167.88 ft -/s . output) Drainage Area SCS CN (Composite) 83500 Area (User Defined) 36.810 aces Mammum Retention 2.0 In (Pervious) Mmdmum Retention 0.4 In (Pervious, 20 percent) . Cumulaliva Runoff Cumulative Runoff D'eplh 0.g In 01-40115) Runoff Volume (Pervious) 27.421 ac -ft HydMmph Volume (Area under Hydrograph curve) Volume 27261) ac -ft - - SCS Unit HydtNmph Parameter Time of ConaThallon. 0.610 hour (Composite) CbmputaUanal Time 0,081 haws . Increment Unit Hydrogroph5hape .403.432 Fatter K Factm 0.749 Receft/lUslog,Tr/TP 1.670 Unit peak, qp 6037 R3/9 Unit peak time, Tp 0.407 hours Camn Braneh A1d80• Phu. W. A. 6m6or5y51mm.I= Hoosladhl.O.ds SaMon e.n6ayP dP.atV61 ivo Cordw 1412012 wihnovm, CFa gDd41-203-75-MG110 Pone to Mie Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -311 Storm Even 100 YR - 24 HR SCS Unit Hydrograph Parlmlators Gnm9rUth Mdga-Pha"TAPori- enn6oyGy3Iw"tree, HwswMe01ads Sdu6an Ben6ry PontlParkV61 nm9tnymanlppa Gntar it1411.a1-06J . 17ERD19 77 rd—Cmluny nam 3W.209 W Popo 11 d 1B Wa M—, Cr DS/DS USA N-703-755.1696 Subsection: Unit Hydrograph Summary Return Event: 100 years Label: DA -3C Storm Event: 100 YR - 24 HR Stone Event 10GYR-24HR Return Event 100 years Duration 24.000 hours Depth 11.0In Time of CantPlnMdtion 0.492 hours - (Composite) 21.09 Re/s Area (User Defined) 3.770 acres Computaumal Tama 0.006 hours Increment Time to Peak (Computed) 12.333 hours Flow (Peak, Computed) 21.26 Ry/s OuWInoement 0.059 hours Time to Flaw (Peak IZ350 hours. Interpolated GulpUQ Flow (Peak Interpolated 21.09 Re/s Output) Drainage Area SCS C4 (Composite) 93.100 Area (User Defined) 3.770 acres Maadm= Retention 2.010 (Pervious) .. Mwdmum Retention 0.41n (perwous, 20 percent) Cumulative, Runoff Nmulative Runoff Depth &9 t0 (PGVI—) ' Runoff Volume (Pevlaus) 2.792 aL R _ Hydmgraph Volume (Ares underHydrogroph curve) Volume 2.781. aLA SCS Unit Hydrogreph Poramelers Time of Concentration 0.492 hours (Compoelte) . Computational Time 0.066 hoars " Increment . ogreph Shape 483.432 F Factor K Factor 0.749 Receding/I rtq, Tr/rp 1.670 Unk peak, qp 8.68 Rr/s UOR leak time, TO 0.328 hours Green anerh Ridge -Pturo7A Poid. Bergey 6y@em;Inc Heeded Mounds SoMan 0onge♦.PordPorkvm Doeelepmenti'm Canlm (06.11.0156 trarsotg 278k—Cmranyod.eewe200w Po 12.11 � Wae0mm. ore67es USA -1.203.755-1666 Subsection: Unit Hydrograph Summary Return Event: IDD years Label: DA -3C Storm Event: 100 YR - 24 HR SCS Will Hydrograph Parameters UNI receatng Umb, Tr 1312 hours Total Wit Ume, Tla 1.640 hours Gran Vo Bentley Systems, 1 MHarmed MoOods Solution. ppc 1aY2alY 27 MmM C-MMV Chf o SWm 200 W Wnsdw%CrDOM USA 41.20.776 MWO BoadsyPaWPod,Vel i0E.71.01.58� pspe 12 d td Subsection: Addition Summary Return Event: 100 years Label: POINT OF EVALUATION I/1(Confluence Trib 3 Storm Event: lOD YR 24 HR and Steep Hollow Crk,) Summary for Hydrograph Addition at'POINT OF EVALUATION #i(Confluence Trib 3 and Steep Hollow Crk.)' Upstream Unk . • Upstream Node <13tdu umt lu OuWuw Node> DA -1 <Catchment to Outflow Node> DA -2A <Catchment to Outflow Node> DA•20 Node Inflows Inflow Typo Element Volume Tlme to Peak Flow (Peak) (ao-ft) pours) MIS) Flow (Fmm) DA -1 47.172 13.050 189.47- Now 89.47Flow (From) DA -2A SA68 12350 40,13 Flow (From) DA -25 24.793 12550 14155 " Flow (In) ' POINT' OF 77.383 12,700 323.71 - EVALUATION •" . SI(mn8uerux .. . Trib 3 and .. Steep Hollow . UR.) GMM arcnrh REP. Phos. 7A Pod. aendaysyst n .Inc. NeoatW M65,ode SAuaon • eenaryPondPuckVal n�lapomempp0 27 Slonoa oonv�nodn Suw 2eow - (00.114.11 WaMD*1.Cr 00705 USA H•201.70r.1660 Papp to W l Subsection: Addition summary Return Event: 10D years Label: POINT OF EVALUATION #2 (Steep Hallow Creek) Storm Event:' IDD YR - 24 HR Summary for Hydrograph Addition at'POINT OF EVALUATION 02 (Steep Hallow Creek)' Upstrmm Unk Upstream Node <Catthment to Outflow We> DA -3A -QWu e9tto Outflow Node> DA -39 <CaldunenttoOutflow Node> DA -3C Node["flows lMow.lype Element Volume Time t9 peak Flow (peak) (ac -ft) ' (hours) MIA) Few (From) DA -3A 12.394 12.450 04.00 Flow (From) DA -30 27,280 12.400 28798 Flow (From) DA -3C 2.7111 12.350 21.09 Flow (In) POW of 42.455 12.4011 292.09 EVALUATION ;02 (Sbwp Hollow Creek) Mean9mn[h Moo •FhnwTA Past- Corby GyM—. hlo. H.dM.M d.Soluticn n—lopmentppe Donler 1/9/1919 2731e� Cmrymy adw bulb 799 W WdNmm, CT00rB5 USA i1-204 d0o9 9mtlay PondP" Vel 100.1 f 0141 npa 10 of 1 9991 -Sal -CON. 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T `lF6IYYl0uP0w mt W ErD WF at McE 6GlE ly6m DECEY®EP, 381(1 USIEET3OP] Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 DEPARTMENT: CC 2019 - Utility Permit - Wickson Road and Bridge NUMBER: Creek SLID - Carter Lane - 560 feet Northeast of FM 2038. DATE OF COURT MEETING: 2/13/2019 ITEM: Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Carter Lane 560 feet northeast of FM 2038. Site is located in Precinct 2. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: Commissioners Court Darrell Kolwes 02/05/2019 False False $0.00 File Name Description Type Utility Permit - Wickson Creek BUD Utility Permit - Wickson Creek SUD - Carter Lane - 560 feet Northeast of FM 2038.pdf - Carter Lane - 560 feet Northeast Backup Material of FM 2038. rn� 13 Duane Peters Date County Judge r► s1 �i . , N littnc-//hra-zna nn-tmcaoPnrla rrnm/AaanrlaWPh/C..nvPr4hPPt acn3r9TtPm1T)=1 R554 ?nl,?.(119 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SPECIAL UTILITY DISTRICT [company frame], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossin (CHECK ONE Bored Jacked Driven Cused CARTER LANE 60' X X Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter Wall Thickness 1 V2" Encasement Pipe Matcrial.Spccilication PWC Maximum Operation Pressure $0 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 1 working days. (COMPANY MUST FILL Ili. If such construction is not begun by the 60x' 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 t � r 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 Engineers Office rn y -take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a 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 its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of rite terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any dine, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as ser forth herein, site 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/Conipany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds far job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. WICKSON CREEK sUD Company Name KENT -J#ATSON --=- ay. .1G�' Signature GENERAL MANAGER Title P.O. BOX 9756 Address BRYAN, TX. 77805 City State Zip ( 979) 589-3030 Phone Number WATER UTILITY APPROVAL Brazos County offers no objection to the proposed locations of the utility in the County right of way as shown by accompanying drawings and notice dated g — r except as noted below: EXCEPTIONS: (Month/DayNear) 4v Brazos County Engineer ........... I ROAD RIG HT -OP -MY 20 to CENTER LINEOF COUNTY ROAD C�-Yeir" SHOW NORTH ARRODU ROAD RIGHT-OF-IMY PIAN VIEW CENTER LINE TYPICAL SECTION G)i COUNTY ROAD(:2aw wt4-1`d 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 ANDJOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION a r � .a a , �Y �C 1Vr� tat � ! ♦ � ' ~ +. e A�f� k'F 'l �Xk 0 AS, if ti•µ � ,�. ♦ . e ' BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reauirenrents 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. A Safety Reartirenienis 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 overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; I LgL�..- 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. 3. Plan must set forth the time of completion for the. job. D. Desien 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 181.04j. 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 front the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally 1' Phone -2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable --6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing ijthe 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 joint: 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the .County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; C 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. H. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company f shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its. designated representative and a permit has been obtained. G Relocation of rdillties 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. Hirb 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 Tyne of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered, with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way. ight 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. 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Roads a rl> Iar ma .w+. onto SUNGARD PENTAMATION PAGE NUMBER: DATE: 02/07/2019 BRAZOS COUNTY, TX BJOURN11 TIME:.12:26:08 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER 7 E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 02*13*CC 010131 JAN19 3P1 BANK SVC C 4/19 COMPLETE 365218 0100 24101100 60020000 JAN19 JP1 BANK SVC C 120.08 365219 0100 0100 11005200 JAN19 JP1 BANK SVC C 120.08 TOTAL JOURNAL ENTRY 120.08 120.08 02*13*CC 010132 G CONNICK AU 1.13-18 4/19 COMPLETE 365220 0100 0100 20125340 G CONNICK AU 1.13-18 935.40 365221 0100 19000100 61801000 G CONNICK AU 1.13-18 935.40 TOTAL JOURNAL ENTRY- 935.40 935.40 TOTAL CONTROL NUMBER 1,055.48 1,055.48 TOTAL REPORT 1,055.48 1,055.48 1 "PRO �3 Duane Pet �B County Judp BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 20.1- 20.12 Z 0.2 '2evviDyed On this the 13th day of February 2019 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 13th day of February 2019 the Court heard and approved a budget amendment(s) for the 2018-2019 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2018, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 13th day of February 2019. THE CONMUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: - )- - Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18/19 - 20.1 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease JP Tech Funds Justice of the Peace Pct 4 Departmental Support 163.78 JP Tech Funds Justice of the Peace, Pct 4 Minor Acquisitions 163.78 Justice of the PeaceH 4 - JP Tech Funds Reallocation of funds to the appropriate account to purchase a scanner. `A xMMAR a u OejBrtmerif=APprovai` �' m . Date � •r'5F" ,.. 1 r ti `:Coir ". ulilgeAP�roval. � ..."..�. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 2400 24005400 60170000 CR Copier/Printer/Fax Supplies 163.78 2400 24005400 67203000 DR Minor Computer Hardware 163.78 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 20.3 wi m2ni o FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund County Clerk Administration Discretionary Spending 2,253.80 General Fund County Clerk Administration Departmental Support 308.00 General Fund County Clerk Administration Repairs & Maim 1,945.80 21000100 59100000 CR DDEA 2,253.80 0100 21000100 602110000 DR Software - No Tag 308.00 0100 21000100 65055000 DR Surveillance & Sec Maint 1,945.80 County Clerk Reallocation of funds to the appropriate account to purchase additional surveillance cameras and software. (Depattmenf'Ap " Coun Jud`aApproval �,;: .s 44 nrAccoau' ' �Gitr" §es Onl =.° w? '....: ,_ > �t� '-:Nl m —� FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 21000100 59100000 CR DDEA 2,253.80 0100 21000100 602110000 DR Software - No Tag 308.00 0100 21000100 65055000 DR Surveillance & Sec Maint 1,945.80 ;,; • 1 i �i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.18119 - 20A 9W 7!9019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease County Records County Records mgmt Fund Management Minor Acquisitions 1.025.00 County Records County Records Mgmt Fund Management Repairs & Maint. 1,025.00 County Records Management Reallocation of funds to the appropriate account to purchase an extended warranty for the Scan Pro 3000. fDe°"aitineritAperoval >" u Date " Coun .Judge Approval !: • pg. g j 1 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 1900 50000100 67203000 CR Minor Computer Hardware 11025.00 1900 50000100 65320000 DR Equipment - Maint. 1025.00 !: • pg. g j 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 20.5 givAignin FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Road & Bridge Administration Repairs & Main. 1,908.62 General Fond Road & Bridge Administration De artmenfal Support 1,908.62 Road & Brifte Reallocation of funds to the appropriate account to purchase new radios. wrif W -'IR �'O-M "Int �t 4-01, n'-- A P- N!'N q 9L got, r al FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 56001000 65660000 CR wrif W -'IR �'O-M "Int �t 4-01, n'-- A P- N!'N q 9L FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 56001000 65660000 CR R&B - Field Supplies 1,908.62 0100 56001000 60500000 DR Equipment & LT enhancement 1,908.62 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18H9.20.6 2r1s/2nis FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioner? Court— Non -Departmental Minor Acquisitions 10563.00 General Fund Information Technology I. T. Services Minor Acquisitions 10,563.00 Commissioners' Court and Information Teclmologgy Reallocation of funds to the appropriate account to purchase equipment for he Network Switch Replacement Project 6`eg 4 - •' fi� fA'�..': 'k-� 4 �4 � : 10e6ar "'M tAp z �.,, �,hV^ iA..W,��."�. FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67205000 CR Network Cost 10 563.00 0100 14000200 67205000 DR Network Cast 10,563.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 1 8119 - 203 211312019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners" Court Non -De artmental Minor Acquisitions 1,153.93 General Fund Collections Minor Acquisitions 1.153.93 Commissioners' Court and Collections Reallocation of funds to the appropriate account to purchase a replacement printer for Collections. COtJItLXJ, ud9e Approval i� .�c-zzv"Z' f.+ i y ; -:DatO r.1p »y a.cy ?�,;: iy etatiAl4CQtra :�^- �P.ar �n1 ��',�ib .. �n. ..� .3':-S g s :.,1 =..!M .,i:s'. «'�.� �S-'S�.A.a1�.EY.[:�"...�.a.&...''isii.l...p.�i,..._4i•.m�rruay"TY..�_"�..'�.,u:•f�T�.f+�v. y; r:z, r� ,.+,t+ tr,�,,@„,� , x a ms.�%..�:".�c�"Y`.Y�.x FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 11000500 67670000 CR Printers 1153.93 0100 11200200 676700000 DR Printers 1153.93 ........... BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 20.8 2/13/21119 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Capital Improvement General Capital Fund Improvement Fund Capital Outlay 250 584.40 General Capital Improvement Fund Other Financing Uses 250,584.40 County Clerk Archival Fund Other Financing Uses 250,584.40 County Clerk Archival Fund County Clerk Archival Fund Capital Outlay 250.584.40 80286000 CR Equipment - Other 250584.40 4500 91580000 DR Transfer to County Clerk Archival 250,584.40 2001 49015000 CR Transfer from Capital Imp. Fund 250,584.40 2001 21006000 80100000 DR Buildings 250.584.40 General Ca ltal Im rovement Fund and County Clerk Archival Fund Reallocation of funds to the appropriate account for the construction and roof work for the renovation of the Iv1HMR Building. The total cost of the construction is $423,417 and cost for roof replacement is $203,044. The County's General Fund will cover 40% of cost, while the County Clerk Archival Fund will cover the remaining 60%. r r41N, CbqnLtyQud9bApproSal 1 FUND DIV ACCT DR1CR ACCOUNTNAME Increase Decrease 4500 63000500 80286000 CR Equipment - Other 250584.40 4500 91580000 DR Transfer to County Clerk Archival 250,584.40 2001 49015000 CR Transfer from Capital Imp. Fund 250,584.40 2001 21006000 80100000 DR Buildings 250.584.40 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18/19 - 20.9 2/13/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneml Fund Information Technology I. T. Services Minor Acquisitions 18,37725 General Fund County Judae Minor Acquisitions 794.16 General Fund County Auditor DR/CR Minor Acquisitions 4,627.77 General Fund 272nd District Court 14000200 Minor Acquisitions 794.16 General Fund unty Court at law #1 18 77.25 Minor Acquisitions 1,322.22 Community Support - General Fund County DR Minor Acquisitions 2,312.50 General Fund SheriffAdministration 16000100 Minor Acquisitions 3,468.75 GeneralFund Sheriff Administration Jail Minor Acquisitions 2,413.25 General Fund Constable Pct #2 DR Minor Acquisitions 1,983.33 General Fund Constable Pct #4 23000100 Minor Acquisitions 661.11 Minor Computer Hardware 1322.22 0100 26001000 67203000 DR Minor Computer Hardware 2,312.50 Information Technology, County Jude County Auditor, 272nd District Court, County Court at Law #1 CSCD - County Support Sheriff Administration Sheriff- Jail Constable Pct. #2 and Constable Pet. #4 Minor Computer Hardware 3,468.75 0100 Reallocation of funds to the appropriate account for the purchase ofaged computer replacements for departments. DR bepartmen't its E� GUt�niX J� 'd ' A�pnro al r face' R +i6ttin�Pur" driC, .4� .. ,h,_ .: _-AI- W,.., f" .<xA 251=14 .s+A8�'RSS'�+nJx FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 14000200 67203000 CR Minor Computer Hardware 18 77.25 0100 10000100 67203000 DR Minor Computer Hardware 794.16 0100 16000100 67203000 DR Minor Computer Hardware 4,627.77 0100 22100100 67203000 DR Minor Computer Hardware i 794.16 0100 23000100 67203000 DR Minor Computer Hardware 1322.22 0100 26001000 67203000 DR Minor Computer Hardware 2,312.50 0100 28000100 67203000 DR Minor Computer Hardware 3,468.75 0100 28002000 67203000 DR Minor Computer Hardware 2,413.25 0100 30201100 67203000 DR Minor Computer Hardware 1,983.33 0100 30401100 67203000 DR Minor Computer Hardware 661.11 Vol. aaB _ Pg.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 20.10 glist2nin FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -D artmental Repairs & Maint. 8,855.01 General Fund 'Brazos Center Departmental Support 1,078.00 General Fund Brazos Center Repairs & Maint. 4,176.87 General Fund Brazos Center Minor Acquisitions 3,600.14 Increase Decrease 0100 11000500 65055000 CR Surveillance & Sec. Main. 8,855.01 0100 36500100 60211000 DR Software -No tag 1078.00 0100 36500100 65055000 DR Surveillance & Sec. Main. 4,176.87 0100 36500100 67285000 DR Commissioners' Court and Brazos Center 3.600.14 Reallocation of funds to the appropriate account to purchase surveillance equipment and software for the Brazos Center. w, ua-a .-e+,.g�x�,./�,�1 ,+ijj pp �• Eor13iwi�i�:z*��.,...u'�v Qr ;Ctsu Jidae�ApprovaF 4 miDate" 'j w, ua-a .-e+,.g�x�,./�,�1 ,+ijj pp �• Eor13iwi�i�:z*��.,...u'�v FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11000500 65055000 CR Surveillance & Sec. Main. 8,855.01 0100 36500100 60211000 DR Software -No tag 1078.00 0100 36500100 65055000 DR Surveillance & Sec. Main. 4,176.87 0100 36500100 67285000 DR Equipment - Surveil. & Sure 3.600.14 * e ' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 20.11 2113/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Repairs & Maint. 31,782.10 General Fund Commissioners' Court Non -Departmental Departmental Support 308.00 General Fund 85th District Court Departmental Support 154.00 General Fund 85th District Court Repairs & Maint. 346.93 General Fund 272nd District Court Departmental Support 154.00 General Fund 272nd District Court Repairs & Maint. 346.93 General Fund 361st District Court De artmental Support 154.00 General Fund 361 at District Court Repairs & Maint. 346.93 General Fund Associate Judge #1 Departmental Support 154.00 General Fund Associate Judge #1 Repairs & Maint. 346.93 General Fund Associate Judge 92 Departmental Support 308.00 General Fund Associate Judge #2 Repairs & Maint. 693.86 General Fund Eunty Court at Law # I Departmental Support 154.00 General Fund CountyCourt at Law #1 Repairsint 346.93 General Fund CountyCourt at Law #2 Departmental Support 154.00 General Fund Ccun Court at Law #2 Re int. 346.93 General Fund 65055000 Other Uses 27,466.66 Courthouse SecurityFund 0100 Other Financing Uses 27,466.66 Courthouse SecurityFund Courthouse SecurityDepartmental ort 1.540.00 Courthouse Security Fund Courthouse Security Repairs & Maint. 8.495.78 Courthouse SecurityFund Courthouse Security Minor Acquisitions 17.430.88 DR Software -No Tag 154.00 0100 Commissioners' Court, 85th District Court 272nd District Court, 361st District Court, Associate Court #1 Associate Court #2 County Court at Law #1, CountyCourt at Law #2 and Courthouse Security Surveillance & Sec. Main. 346.93 Reallocation of funds to the appropriate account to purchase surveillance equipment and software for the following Courtrooms and Courthouse Security: Attorney General/CPS Courtroom, Auxiliary Courtroom, 85th District Courtroom, 272nd District Courtroom, 361st District Courtroom, Associate #1 Courtroom, Associate #2 Courtroom, County Court at Law #1 and County Court at Law #2. DeDate ,: ; ,O .,: t •1 *'b Ci oun"ty Judge APf;Date j . :! Ftir.rlccounbn Pu'r ' "s"esbdT a �s ° 2I . PJ'0. N9Ma dti c, _ r , -'AU-43 ;_ ' <3.. A %�. r "kS FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 0100 11000500 65055000 CR Surveillance & Sec. Main. 31782.10 0100 11000500 60211000 DR Software -No Tag 308.00 0100 22000I00 60211000 DR Software - No Tag 154.00 0100 22000100 65055000 DR Surveillance & Sec. Main. 346.93 0100 22100100 60211000 DR Software - No Tag 154.00 0100 22100100 65055000 DR Surveillance & Sec. Main. 346.93 0100 22200100 60211000 DR Software - No Tag 154.00 0100 22200I00 65055000 DR Surveillance & Sec. Main. 346.93 0100 22600100 60211000 DR Software-NoTag 154.00 0100 22600100 65055000 DR Surveillance & Sec. Main. 346.93 0100 22800100 60211000 DR Software - No Tag 308.00 0100 22800100 65055000 DR Surveillance & Sec. Main. 693.86 0100 23000100 60211000 DR Software -No Tag 154.00 0100 23000100 65055000 DR Surveillance & Sec. Main. 346.93 0100 23100100 60211000 DR Software -No Ta 154.00 0100 23100100 65055000 DR Surveillance & Sec. Main. 346.93 0100 91200000 DR Transfer to Courthouse Security 27,466.66 2200 49028000 CR Transfer from General Fund 27 466.66 2200 51000100 60211000 DR Software -No Ta 1 40.00 2200 51000100 65055000 DR Surveillance & Sec. Main. 8,495.78 2200 51000100 67285000 DR Equipment - Surveil. & Sure 17,430.88 v,,. a8 pg. lora BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. I3M9 - 20.12 2/1312019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Continitcncy Departmental Support 1666.00 General Fund Sheriff Administration Professional Services 1,666.00 Commissioners' Court and Sheriff -Administration Reallocation of funds to the appropriate account for professional services associated with animal cruelty cases. 44Vc ?Y L� h •{ A °� °' A i y R 4� . � � 4 .ra. , ♦ _ Vol.+r + i FUND Div ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1,666.00 0100 28000100 72590000 DR Professional Fees- Other 1.666.00 Vol.+r + i PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 13, 2019 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Ocon, John Separation CCL #2 Scully, Sharon Separation County Judge Jones, Bethany Change of Status District Attorney Dark, Rebecca Change of Status Davis, Tonika Employment Norsworthy, Jessica Change of Status Sanchez, Catherine Change of Status Taylor, Peyton Separation District Clerk Johns, Sydney Employment District Clerk — Archival Fund Ocon, John Employment Expo Complex San Juan, Tianna Employment Juvenile Services — Detention Weed, Franklin Separation Road & Bridge Arredondo, Guadalupe Change of Status a Carlson, Garrett H. Employment Sheriffs Office — Admin. Bowling, Marlys A. Employment Ostiguin Jr., Jesse Change of Status , f Sheriffs Office — Detention Daily, Bethany A. Lopez -Felix, Monica Miller, Forrest Approved in Commissioners' Court: February 13, 2019 Q—LCounty Judge's or Commissioner's Signature: (This Copy to be attached to minutes) J Change of Status Change of Status Change of Status 2