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Home My WebLink About2019-03-05 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 5, 2019 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVE., SUITE .106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-18: 3. Approval of the following proclamations recognizing and affirming that the quality of life in the Bryan -College Station community has been enriched and that each has been an example for others in the giving of their time, talents and financial resources: • a. 19-019 - Kay and Britt Rice • b. 19-020 - Pat Allen and Don Rice • c. 19-021 -Tom Wilkinson 4. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. 5. Acceptance of the following donation to be used for the Health & Safety Expo • $100 for Health & Safety Expo Prize - Insurors of Texas 6. Acceptance of the following donation to be used by the Health & Wellness Clinic • Ten, 10 -minute chair massages by Tranquil Touch 7. Permission to Advertise RFP #19-097 Electronic Medical Records (EMR) 8. Request from Elections Administration for a payment authorization for Tharp's Printing in the amount of $1,652.40. A purchase order was requested but the amount was incorrect. 10 Vol. a �a Pg 1r 9. Request from. County Judge Duane Peters for an exception to travel policy regarding the maximum hotel rate of $160 in Austin, Texas on March 26, 2019. Judge Peters will attend the Executive Committee of the 1-14/Gulf Coast Strategic Highway Coalition Meeting. The least expensive hotel in downtown Austin is $229 Plus tax. 10. Clinical Learning Agreement between Texas A&M College of Nursing and Brazos County Office of the Sheriff to provide a clinical nursing training site effective January 1, 2019 through December 31, 2023. -11. Award of RFP #19-089 for the Rehabilitation of Goodson Bend Phase IL Recommended award is Knife River. 12. Acceptance of Special Warranty Deed from Warren W. Hohertz and Dorcas J. Hohertz for 0.23 of one acre of land to be used for a bridge installation on Jack Manning Road located in Precinct 2. 13. Expenditure Journal Entries • FY18/19 020099 -020102 14. Tax Refund Applications for the following: • a. Lee Ann Salmon Burk- Overpayment $13.29 • b. Octavio Espinoza- Overpayment $24.85 • c. Horizon View Resources Inc. % Brock and Gwinn Smith -Overpayment $45.00 • d. Nancy Galindo Vega & Gonzalez Arenazas Baltazar- Overpayment $159.95 15. Commissioners Court minutes for the following dates: • a. February 5, 2019 -Regular Meeting • b. February 13, 2019 -Special Called Session • c. February 15, 2019 -Special Called Session • d. February 19, 2019 -Regular Meeting • e. February 26, 2019 -Regular Meeting 16. Budget Amendments. Budget Amendments FY 18/19 17. Personnel Change of Status. Personnel Action Forms . 18. Payment of Claims. 19. Sheriff's report on inmate population. 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and/or concerns 22. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a'matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building, 200 S. Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. V0 1. —Pg- Ila MINUTES MARCH 5, 2019 BRAZOS COUNTY COMMISSIONERS COURT .. . REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, March 5, 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; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4, Late; Karen McQueen; County. Clerk._ The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns Commissioner Catalena stated it has been a long road to recovery for him but he appreciates all the thoughts .and prayers he has received.. He gave a special thank you . to Judge Peters_, Candy Gallego, Irene Jett and Constable Lampo for their help during his absence. Consider and take action on agenda items 3-18: von. '@ h_ Pg. 173 3. Approval of the following proclamations recognizing and affirming that the quality of life in the Bryan -College Station community has been enriched and that each has been an example for others in the giving of their time, talents and financial resources: • a. 19-019 - Kay and Britt Rice • b. 19-020 - Pat Allen and Don Rice • c. 19-021 -Tom Wilkinson The Court joins with the mayors of the Cities of Bryan and College Station in affirming that the quality of life in the Bryan -College Station community has been enriched by Kay Rice, Britt Rice, Pat Allen Rice, Don Rice and Tom Wilkinson as they have been the example for others in giving their time, their talents and their financial resources and to proclaim April 25, 2019 as "Kay and Britt Rice Day, "Pat Allen and Don Rice Day", and "Tom Wilkinson Day" throughout Brazos County. A copy of each proclamation is attached. Motion: Approve, Moved by Commissioner_Samn y-Catalena;-Seconded- by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry Catalena, Peters. Absent: Cauley. 4. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. Motion: Approve, Moved by Commissioner -Nancy Berry,_Seconde_d:.-by Commissioner Sammy Catalena. Passed. 4=0,. Ayes: Aldrich; Berry, 'Catalena,Peters. Absent: Cauley. 5. Acceptance of the following donation to be used for the Health & Safety Expo • $100 for Health & Safety Expo Prize - Insurors of Texas A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich: Passed. 4=0. Ayes: Aldrich., Berry, Cauley,-Peters. Absent: Catalena. 6. Acceptance of the following donation to be used by the Health & Wellness Clinic • Ten, 10 -minute chair massages by Tranquil Touch A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 44. Ayes: Aldrich; -Berry, Catalena,-Peters. Absent: Cauley. 7. Permission to Advertise RFP #19-097 Electronic Medical Records (EMR) Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. Vol. Z P9. -L 8. Request from Elections Administration for a payment authorization for Tharp's Printing in the amount of $1,652.40. A purchase order was requested but the amount was incorrect. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 9. Request from County Judge Duane Peters for an exception to travel policy regarding the maximum hotel rate of $160 in Austin, Texas on March 26, 2019. Judge Peters will attend the Executive Committee of the 1-14/Gulf Coast Strategic Highway Coalition Meeting. The least expensive hotel in downtown Austin is $229 Plus tax. Motion: Approve, Moved by -Commissioner Nancy Berry, Seconded by Commissioner_ Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 10. Clinical Learning Agreement between Texas A&M College of Nursing and Brazos County Office of the Sheriff to provide a clinical nursing training site effective January 1, 2019 through December 31, 2023. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by -Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Award of RFP #19-089 for the Rehabilitation of Goodson Bend Phase 11. Recommended award is Knife River. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #19-089 Rehabilitation of Goodson Bend Phase I I to Knife River. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Acceptance of Special Warranty Deed from Warren W. Hohertz and Dorcas J. Hohertz for 0.23 of one acre of land to be used for a bridge installation on Jack Manning Road located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Expenditure Journal Entries • FY18/19 020099 - 020102 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Tax Refund Applications for the following: • a. Lee Ann Salmon Burk- Overpayment $13.29 • b. Octavio Espinoza -Overpayment $24.85 • c. Horizon View Resources Inc. % Brock and Gwinn Smith -Overpayment $45.00 • d. Nancy Galindo Vega & Gonzalez Arenazas Baltazar -Overpayment $159.95 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Commissioners Court minutes for the following dates: • a. February 5, 2019 = Regular Meeting • b. February 13, 2019 -Special Called Session • c. February 15, 2019 -Special Called Session • d. February 19, 2019 -Regular Meeting • e. February 26,.2019 -Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Budget Amendments. Budget Amendments FY 18/19 23.1 Reallocate funds for J P Technology Fund. 23.2 Transfer funds from Non Departmental to Sheriff's Office - Jail. 23.3 Transfer funds from Non Departmental to Information Technology. 23.4 Reallocate funds for Information Technology. 23.5 Reallocate funds for Constable, Precinct 3. 23.6 Reallocate funds for District Attorney. Motion: Approve; Moved by Commissioner Steve Aldrich, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Payment of Claims. Claims 8012720 — 8012981 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Sheriff's report on inmate population. Wayne Dicky,Jail Administrator stated there were 647 -inmates in jail,. 539 inmates are _ male and 108 are female, 44 have electronic monitors and 15 are pending for monitors. 20. Announcement of interest items and possible future agenda topics. There were no announcements. 21. Call for Citizen input and/or concerns Silver Vasquez with Chesapeake Energy stated that he wanted to introduced himself and Mark Harman: to .the Court. Mr.. Vasquez said that Chesapeake Energy has acquired Wildhorse Energy and plan to drill 10 to 11 units in Brazos County. Mr. Vasquez said that Chesapeake Engergy's motto is to be as engaged in the community as possible. He said he would like to meet with each Court member to discuss things such as road repair. Judge Peters thanked Mr. Vasquez and stated he has heard good things about their company. Commissioner Catalena said that he appreciates Mr. Vasquez taking the time to attend the meeting today. 22. Adjourn. Vol. Pg. ►77 The foregoing minutes of the Commissioners Court Meeting held March 5, 2019 have been examined and are approved in open Court this 2nd day of April 2019, in Bryan, Brazos County, Texas. Duane Peters County Judge )46o, Sammy Catalena Commissioner, Precinct 2 Attest: C� Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 NancyBerr Commissioner, Precinct 3 P2 'l -QT y. BRAZO S COUNTY. COlvu.\' S SIO R' S COURT O 520 IZ 6ft AMTM� -Ir y Name (PLEASE PRINTS ► I ED r Rim �Lik Cut Organization (PLEASE PRIl\M '7'&5A5 pe (-c 4AS I K( -k- CSS mo Loc BRAZO S COUNTY CONMS SIOIR' S COURT —5'DAY 10 , 00 Name OF 20 1Y M Organization (PLF,4SE PPD\T Pa 1 of Z 9 C-0 U&MIbFU rl i Kay and Britt Rice are hometown heroes to many in the Bryan -College Station community. One does not have to look beyond a local hospital, the beloved University, our Presidential Library or to countless nonprofits to understand why. Kay and Britt met on a blind date in San Marcos, Texas and married just six months later when Kay was 19 and Britt was 23. Kay holds a bachelor of science degree from the University of Mary -Hardin Baylor in business and English. Britt studied industrial technology at Texas A&M, Class of 1974. Britt's career began working part-time during his senior year at Texas A&M; whereas, Kay taught 7th grade English/Language Arts and Journalism in College Station schools for 11 years. Britt's part-time work developed into Britt Rice Electric, which today employs over 275 electricians, including 15 master electricians, 75 journeymen and 100 apprentices/helpers. Kay Rice's community service began with Junior League, where she served in numerous leadership roles, including as Co -Chair of Junior League's 25th Anniversary Celebration, featuring former First Lady Barbara Bush. She has been active with the Bryan -College Station Woman's Club, Twin City Mission, Meals on Wheels, George Bush Presidential Library Director's Circle, and served on the board of Junior League, Brazos Beautiful, St. Joseph Hospital Foundation, and the Texas A&M Health Science Center Foundation, to name a few. One of Kay's joys is hosting annual gatherings at their party barn for the Texas A&M Women's basketball team and fans. 6A)": In 1973, Britt Rice started Britton Manufacturing, a company that-manufactured'andsold electrical meat tenderization machines all over the world. As the company progressed into electrical and construction projects, Britt Rice Electric was borne in 1975. Expansions of the Britt Rice Electrical Apprentice Program and Integrated'Electrical Services began in 1991 and 1999, respectively. These expansions provided high-quality training and experienced workmanship for hundreds in our community, as well as computer programming technologies for domestic and international electrical contractors. Britt has served as a board member of the College Station Development Foundation, Brazos County Industrial Foundation, Texas A&M 12th Man .Foundation, among other organizations. Together, Kay and Britt Rice have, given their time and talents to better our community. Through the doors of the Kay and Britt Rice Outpatient Rehabilitation Center at CHI St. Joseph, lives are changed and made stronger. For more than 10 years, the Kay and Britt Rice Endowed Lecture Series at the George Bush Presidential Library engaged young and old alike with inspirational speakers who have changed our world. Through the Kay and Britt Rice '74 "Respect" door at the Memorial Student Center at Texas A&M, students see the couple's visible contribution and passion for education. The Rice's generous contributions have bettered nonprofits all across the Brazos Valley. -From the Children's Museum of the Brazos Valley, new homes for community members at Habitat for Humanity, Fun for All Playground, the restored. Queen Theater," OPAS, the American Heart Association and Surviving & Thriving Breast Cancer Awareness, the Rice's comm_ itnient to helping others and improving the quality of life in our community is remarkable. WJ: Kay and Britt Rice live in College Station and have twin boys,lason and Justin. Justin and his wife Ashley, have four children, Henry, Lexi and .twins, Stephen and Philip. With their life's career bringing light to edifices, we celebrate. Kay and Britt Rice as shining lights in our community— making the Brazos Valley a better place for all. Fara, I, Andrew Nelson, Mayor of the City of Bryan, Texas and I, Karl, P. Mooney, Mayor of College Station, Texas and I, Duane Peters, as County Judge of Brazos County, and acting on behalf of our respective city councils and commissioners court, affirm that the quality of life in the Bryan -College Station community has been enriched by Kay and Britt Rice and they have been an example for others in giving their time, their talents and their financial resources, and in as much we proclaim this day, April 25, 2019 as: KAY RICE AND BRITT RICE DAY CITY OF BRYAN CITY OF COLLEGE STATION-0S�O Y Andrew Nelson, Mayor Karl P. Mooney, Mayor Duane Peters, County Judge Pat Allen and Don Rice are long-time residents of Bryan. Pat was bornhere. Don came in 1969. Both were widowed when they met at First Baptist Church Bryan. They started dating, found they had lots in common, fell in love and married 8 short years ago. Their commonality is broad. It begins with education. Pat attended Vanderbilt University, graduated from TCU and earned a master's degree from Texas A&M. Don graduated with a BS from West Texas State University and earned masters and doctoral degrees from the University of Missouri — Columbia. Both are teachers. Pat taught in the Bryan Public Schools for twelve years while Don taught in the Industrial Distribution program at TAMU for 28 years. Both are entrepreneurs. Pat and her son John own and are actively involved in the operation of the Allen Honda automobile dealership in College Station. Don owns, or has owned, numerous businesses including consulting, construction, publishing and industrial maintenance, as well as distributorships for industrial equipment and supplies. �f Both have philanthropic hearts. They believe in being involved; giving back and paying -it forward. They have experienced the fact that education changes lives and provides opportunities not available otherwise. Pat and Don have established eight endowed scholarships to assist students attending their universities. They have three endowed scholarships in the College of Engineering, one in each of the Mays School of Business, the College of Education and the Corps of Cadets at Texas A&M. They also have endowed scholarships in the Colleges of Education at West Texas A&M University and the University of Missouri — Columbia. Don and Pat are both supporters of the 12th Man Foundation and are Legacy members of the Texas A&M Foundation. Both Pat and Don are active in what they support. Pat has served as a member of the board of directors of the Brazos Valley Symphony and has been the sponsor of the Symphony golf tournament, a fund raiser for the symphony for the past five years. Pat has also been a benefactor for OPAS for over twenty-five years and is currently supporting the Fun for All Park. The Rotary Club named her a Paul Harris Fellow and she.was inducted into the Hall of Honor by the Bryan ISD Foundation for her many civic endeavors. She has also been honored by the B/CS Pre -natal Clinic for her support of accessible and affordable health care for expectant mothers. Pat has also received the distinguished "William Booth Award" for her work in establishing the Bryan Salvation Army Auxiliary. Don is sensitive to, and an active supporter of, those who provide for disadvantaged youth (i.e., Still Creek Ranch, Miracle Farm and others). He also supports Mission Dignity, an organization that provides funds for retired pastors and their wives who have little or no retirement benefits. He also enjoys working construction with Christian Church Builders. He volunteered his services as coordinator for construction of the First Baptist Church of Bryan and has assisted in building churches in Texas, Idaho and Oregon. When not doing these things, Don has been an active Bible study teacher having taught the bible to various age groups for over 50 years. .Foto, S/%&xe• I, Andrew Nelson, Mayor of the City of Bryan, Texas and I, Karl, P. Mooney, Mayor of College Station, Texas and I, Duane Peters, as County Judge of Brazos County, and acting on behalf of our respective city councils and commissioners court, affirm that the quality of life in the. Bryan -College Station community has been enriched by Pat Allen and Don Rice . and they have been an example for others in giving their time, their talents and their financial resources, and in as much we proclaim this day, April 25, 2019 as: CITY OF BRYAN Andrew Nelson, Mayor DON RICE AND PAT ALLEN RICE CITY OF COLLEGE STATION-0T�i�Y 7 �aL Karl P. Mooney, Mayor Duane Peters, County Judge i i mcd: Tom Wilkinson holds many titles, but Mayor of Snow Village may be the most unique of them all. Tom has a collection of snow villages that he shares with community members, not only during the holiday season. These special and delicate villages glow with interest and bring joy to all who see them. Tom's collection is just one of the many ways he has brought joy to our community. 16c.d: Tom Wilkinson holds a BA from Texas Tech University and a Master of Public Administration from Texas A&M University. After serving as President of the Burleson County Savings Association from 1981 to 1991, Tom moved into the role as Assistant Executive Director of the Brazos Valley Council of Governments (COG). In 1993, he became Executive Director of the Brazos Valley COG and currently holds the position. In this strategic leadership role, Tom represents our community in local, regional, state and national organizations, affiliations and initiatives. As Executive Director, he oversees 11 planning and direct services programs and five non-profit organizations funded through more .than 80 grants. Tom diligently leads over 90 employees in the areas of HIV/Health services, Workforce -.Solutions, and public safety planning, to name a few. With vision and determination, Tom created a rural Broadband network, as well as implemented a regional geographic information systems program to provide local entities with visual references for spatial data. In 1992; Tom founded the Brazos Valley Affordable Housing Corporation, a non-profit, to provide down payment assistance, home repair, affordable new home construction and rental opportunities to numerous residents. Along with four local banks who provided start-up capital, he founded the Brazos Valley Community Development Corporation to provide mortgage loans for Brazos Valley community members. �{ Beyond government entities, Tom Wilkinson has volunteered for ,United Way, Project. Unity and. Special Olympics, and served as past -president of the Arts Council of the Brazos Valley. Tom- generously omgenerously provided office space for the Community Foundation when it was established in 2003. As President of the Caldwell Chamber of Commerce, Tom worked alongside others to establish the renowned Kolache Festival, He currently serves on the advisory board of TAMU School of Public Health and as a member of the Board of Directors of the Methodist Children's Home of Waco, Texas. Tom Wilkinson's passion for our community extends beyond career and daily life, into the heart of his character, and love -for- others. G� Tom Wilkinson lives in College Station and has three grown children—a daughter, Sarah Wilkinson, and son, Jared Wilkinson, who are both attorneys, and a daughter, Kalie Litton, who is a juvenile psychologist. Kalie and her husband, Chris, are the parents of Tom's two beloved grandchildren - Aubrey and Brice. Tom is a proven community leader and ethical business director. His devotion to the betterment of our citizens and their pathways are impactful and inspirational to us all. We celebrate Tom Wilkinson as a true public servant, who represents the best of our community, and pay tribute to him as a 2019 Community Foundation Tribute Luncheon honoree. .oro, I, Andrew Nelson, Mayor of the City of Bryan, Texas and I, Karl, P. Mooney, Mayor of College Station, Texas and I, Duane Peters, as County Judge of Brazos County, and acting on behalf of our respective city councils and commissioners court, affirm that the quality of life in the Bryan -College Station community has been enriched by Tom Wilkinson and he has been an example for others in giving his time, his talents and his financial resources, and in as much we proclaim this day, April 25, 2019 as: TOM WILICINSON DAY CITY OF BRYAN CITY OF COLLEGE STATION OS CO Andrew Nelson, Mayor Karl P. Mooney, Mayor Duane Peters, County Judge �'xaelaiinz�i i6 ,�'vr d 1190;:, 90-19 W BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY ` * DONATION OF COUNTY PROPERTY Date: 02/26/19 []Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) 0 Acceptance of Donated Inmate Property (Requires signed inmate documentationwlVO VALUE ASSESSED) Item Description: Please provide all information requested below as applicable to the property being accepted or. donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/V1N #:. _ ❑ Functional [I Non -Functional. Explain if Non -Functional Additional Description/Information: Clothing, Jewelry, Electronics and other miss items left by inmates leaving the Brazos County Detention Center in the month of January 2019. Estimated Value:, Check box for Capital Asset (value/initial cost is over 55000) Acceptance of Donated Property Check the appropriate account based on estimated value ofproperty being accepted: ❑ 61 35000 (Donation -Other)* ❑ 60010000 (No Asset Tagg- Under 5500) ❑ 67010000 (Minor Property - $500 - S4999) ❑ 80010000 (Capital Property - Over $5000) Check the appropriate entity property donated to: Government- Entity: _Brazos County Sheriffs Office Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Brazos County Sheriffs Office - Organization Name . *Donation Other to be used for funds donated to Brazos Countyfor use of a non -county expenditure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department:. Brazos County Sheriffs Office 7q�� . Department Name Authorized Signature Organization Receiving Donated Property: Zn A Authorized Signature 7M= of Commissioners Court Approval t I V01.0282Peg. I %q JAIL ID#: 299172 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility t--r'-:v SON: 35426497 This is to advise you, TOMLINSON, JOHN CHARLES, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos .County Detention Center. In the event that no one has picked up. your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up; and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77$03. To avoid lone wait times schedule the pickup (24 hours in advance) LIST OF PROPERTY ID s) �� lo) Signature of Iron 4` Date:' 'lr� Time: Signature of Jailer: Date' l a 54 Time: 00 [ (, Property disposed by: Date: Time: . Person designatied to pick up property: Name: :./T`'''e.., a �G/•ioa_:- Address: Telephone: .t Signature of Officer Releasing Property Date: Signature of Person Pick up Property . Date: (Include a copy of the person's identification that is picking up the property) Form: 3825 inmate Property Disposition • 0 • C] BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 1-2.p-15 JAIL 1D#: 296941 SO#: 54344; 54344 This is to advise you, GREEN, CEDRINE DEWAYNE, that the Brazos County Office of the Sheriff -will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the persons) .or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803..To avoid long wait times schedule the Pickup. f24 hours in advancel LIST OF PROPERTY 1Q) Signature of Inmate: Signature of Jailer: 1' �f c� Date- v w ZU Time• I , Date: c aSJkq Property disposed by: Date: Time: Person desin', ck 14 ro Name: 1C i Address: O V y-) . Telephone: " 4i -- - I;� " ��3' (10� Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition FVol. 2 1 PJ• .A BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility . P25 JAIL IIW 299839 SO& 103113 This is to advise you, KINNEY, DEANDRE DEWAYNE, that the Brazos CountyOffice of a Sheriff will grant you a period of one week (five working days) to have anyone of your choice to kup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center. 1835 Sandy Point Rd. Bryan, TX 77803. To avo'd tong wait times schedule the' ickun (24 haurs in advancel. 2) / 3) 4) 5) Signature Signature Property Person designated to pick up property: �-Address: LIST OF PROPERTY Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: IV (Include. a copy of the person's identification that is picking up the property) Ferm:1825 Inmate Property Dispositlon u Vol. a� Pg. 11 2 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility I- AS49 JAIL IDN: 296.591 SOM 71452; 71452 This is to advise you, DENSEY, ROBERT JERMAINE; that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have .accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the -Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule •the'oickun#24 hours in advancel.. 1) / $!k 514t�5 2) i "A% to skr. - 3) a 3ech 5) Iced 51�oeS Signature of Inmate:' Signature of Jailer: Property LIST OF PROPERTY 6) 7) 8) 9) . 10) Person design ted to pick up property Name:� /D ► r t"l.'S, Address:. a Jy ?d 1P ' e, [L L; It Ar r) 1,C) 3 "telephone: ? 1_S-)(/- 2 Z Z,1. I �5�: �rl- Time: C/: JS • - Date: Time: 0/Y5 Date: Time; Signature of Officer Releasing Property Date:. Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:1825 inmate Property Disposition Vol. Pg. 10000 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITIQN FORM Date Inmate Left Facility `�� JAIL IiD#: 299939 SO#: 85094; 85094 This is to advise you, ECHEVERRIA, JUAN MANUEL, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandlj Point Rd. Bryan, TX 77803..To a_v_oid lona�wait .times schedule th"ickup f24 hours in advance). J LIST OF PROPERTY 1) J SL Je ms 2) 1 Cacao Shor fS 3) 1 810- SAJI& 4) 1 C' r.4 &&4V -W r Signature Signature Property U I:+e- f�_Time.�.r. Date: ��-� r Date: /-,ZS 4 % Time: ONS by: Date: Time: Person designat :to pickupproperty: Name: ZD A:t� a %166 5 -fel iii F0, a esus' E��everrta Address: .Telephoiiet Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include.a copy of the person's identification that is picking up the property) Form; 1825 Inmate Property Disposition P :viol. 9 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility l—Zr-tC7 JAIL ID#: 300626 SON: 124804 This is to advise you, LOVE, KENNZEIL ELIJAH, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days),, any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803, To avoid long wait times schedule the Pickup (24 hours in advance), LIST OF PROPERTY if 2) tf u � ��CU1\'-f 440e� 7) 3) 8) 4)_9) 5) 10) Signature of Inmate: %- Signature of Jailer: • . Date:.:P` ,'S`-(�I' Time: S Date: � r a5 Time:103ft0 Property disposed by: Date: Time: Person designated to pick up property: Name: ! I COL E Address: J GQ � r2e-N i 000 p 0 tZ -14 FT C..fCo'-�E6e •JT/4 (�N, Telephone: S1o, qS7 7y51 Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is, picking up the property) Form: 1825 Inmate Property Disposition Vol. pg. L— F - BRAS OU Y ETENT O CENTER INMATE PROPERTY DISPOSITION FORINT Date Inmate Left Facility JAIL ID#: 294114 SO#: 95604; 95604 This is to advise you, GRANDERSON, SAMUEL MORTAY, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to. the Brazos County Sheriff and disposed of to the person(s) or- organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from _the Release Lobby of the Brazos County Detention Center -1835 Sandy -Point Rd: Bryan, TX 77803. To ovoid long wait tithes schedule the sickun`I'24 hours in advance) LIST OF PROPERTY �. rte�! {{� Si►�h::L .:. 6) 7) 8) 9) 10) Signature of Inmate Date. - . Y: tij Time. _ Signature of Jailer: " Date: Time: Q O Property disposed by: Date: Time: Person designated to pick up property.- Name:rx Address: Telephone; Signature of Officer Releasing. Property Date: Signature of Person. Pick up Property Date: 1 _ 1 (Include a copy of the person's identification that is picking up the property) Form:1825 Inmate Property Msposition Val. P9• BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITIO RM Date Inmate Left Facility JAILEM.- 294812 SO#: 97713 This is to advise you, ONEILL, DIANE AUGUSTINE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or. receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week. (five working days), any and all property will be donated to. the Brazos County Sheriff and disposed of to the persons) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will. trot be released to anyone other than the person you designate. to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule theicku 24 hours is advance). 1) s _ i LIST OF PROPERTY 6) 17 L/ 7). 8) 9) 10) Signature of Inmate• Date: J ` Time;. Signature of Jailer. Date: Time: Property disposed by: Date: Time: Person design. ted p'c°=M_ Name:14,77j- Address: -�, Telephone: Signature of Officer Releasing Property. Date: Signature of Person Pick up PropertyDate: (Include a copy of the person's identification that is picking Ito th P;QPGAY) Form: 1825 inmate ftopegy Disposition®I , p g . ' C I-] Elt:7� BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility .TAIL ID#: 300262 SO#: 127220 This is to advise you, Yankowski, Denise Paulette, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five - working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos'County, Texas. Your property will not be released to any one other than the person you designate to pick it ug, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TY 77803. To avoid long wait times schedule the pickup (24 hours in,advance). f5ke c_ I� a] r Signature of Inmate: Signature of Jailer: Property disposed by: LIST OF PROPERTY 1':r_st>n tEi..irtuirecl to pick u propci l t nr�ls_S_� avl K'f�S�t . Address:' 1 V� Telephone: Signature o h S) Date:.21,Timer Date: Time: Date: Time: Signature of Person Pick up Property Date: _ (Include a copy of the person's identification that is picking up the property) Form: 1825Inmate. Pro perfy Disposition Vol. o?"M Pg. 192) BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY' DISPOSITION FORM Date Inmate Left Facility JAIL ID* 298844 SO& 92603 This is to advise you, LUMMUS, ROSHARON, that the Brazos County Office of the Sheriff will grant you a period. of one week (five working. days) to have anyone of your choice topickup and/or receive any and all proprty that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no -one has picked up your property ager the expiration of one week (.five working days), any and all property will be: donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of. Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the .Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait times schedule the pickun (24 hours in advance) 1) 3) G*IG f " 4) Gil I A �a 5)--4 BWIP-AL Signature of.Inmate: Signature of Jailer: LIST OF PROPERTY 6) 7) 8) 9)- 10) Date: 1- I Time,*_ Date: 1--16--1 9 Property dispg$Rly: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of.Person Pick up Property Date: . (Include a copy of the person's identification that: is picking up the property) Form:1825 Inmate Property DispoAtic ia.qq` 'i1aiu- BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 01/08/2019 JAIL ID#: 296881 $09 :63168 This is to advise you, CHILDS, TONY DEWAYNE, that the. Brazos County Office of -the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pick up and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to anyone other than the person you designate to pick it up, and can be picked up from the Release Lobby .of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the nickun (24 hours in advancel. LIST OF PROPERTY 1) 6) 2) .'t..3n►.,. it �� 7))y 3) 8) &4ele 9 ' 4) 1,A 72 9) 5) !�/ .13�.1�' 10) . i Signature of Inmate: Date: -1/8/19_ Time: 0630 Signature of Jailer: 6/rO"Date: 1/8/19 Time:. 0630_ Property disposed by: Date: Time:. Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 2825 Inmate. Property Dispositio VQI. Pg. I q5 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 1-2-1-1 JAIL ID#: 296402 SON: 55197; 55197 This is to advise you, ROBINSON, BRIAN WILLIAM, that the. Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any -anis all property that you have accumulated during your time incarcerated in the Brazos County- Detention -Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the per§on(sy or organization of choice by order of the Sheriff of Brazos County, Texas. Your property _willnot=be released- to anyone other than the person you designate to pick it up, and can be picked up from the -Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the nickun (24 hours in advance). LIST OF PROPERTY Signature'. -of Intnate t== - - ate: Signature of Jailer: Date: Property dispos y: Date: Person designated to pick up property: Name: Address: Time: Time: Time: Telephone: Signature of Officer Releasing Property Date: :Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form; 1825 inmate Property Disposition 1 Vol. o C pg. l 7) r--. 3} � �i�o . _ - Gr'v tar . 8) 4)—_P- 3 9) 5} 10) Signature'. -of Intnate t== - - ate: Signature of Jailer: Date: Property dispos y: Date: Person designated to pick up property: Name: Address: Time: Time: Time: Telephone: Signature of Officer Releasing Property Date: :Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form; 1825 inmate Property Disposition 1 Vol. o C pg. l BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility I-- 2-4e, JAIL ID#: 296804 SOM 14504529; 14504529 This is to advise you, PALMER, FRANK DEWAYNE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of'one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the persons) or organization of choice- by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release. Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Iong wait times schedule the nickup (24 hours in advance). LIST OF PROPERTY 1) (j rte.,�I�ltie Jl,�a• 6) (l L (3-14-- 2) 7) 3) ReA 8) 4) .Sor. - 9) 5) Wje.- 10) Signature of Inmate:.,,- Signature nmate•,Signature of Jailer: Property dispo y: Person designated to pick up property: .:Name: Address: Telephone: Date: Time: Date: I' Z-tc, Time: Date: Time: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of -the person's identification thatis picking up the pro erty Form: 2825 Inmate Property Disposition Vol. ,OB Pg. I q7 .JAIL ID#: 294790 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 1.4-Ot 809: 105196 This is to advise you, BROWN, ISAAC HAYDEN, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention. Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Ions wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 2) 13.. k.- 7) 3)- C onoa_r� 4 La �Er 1 4) 8) A 4)c."t Go.cC� 9) Signature of Inmate: v Signature of Jailer: Property dispos y: Person des!' hated o pick up property: Name: • R. Address:, Id : r�--------, , Telephone:..'^G. Date: Time: Date: 1- z- i at Time: Date: Time: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form.: 1625 Inmate Property Disposition Vol. ep 8 Pg. 00 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 295961 SOM 122680 This: is to advise you, GARZA; JOSE,.that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice, to pickup and/or receive. any and all -property that you have accumulated dining your time incarcerated. in the Brazos County Detention Center. In the event; that no one has picked ups your property aider the expiration of one week (five working days). any and all propertywill be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of :choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX ;79803." .o avoid Iona wait times schedule the pickup i24 hours in advance). 'LIST OF PROPERTY 6) 2)' 7) Signature of Inmate: at Time: Signature of Jailer: 4-_n1AA=r % Date: Time:0 . D Property disposed by: Date: Time:. Person desi ate to pick up prone,Name: /L� .. Address: ,.` A 6,..- . 78� Telephone: 0, ; .�..... Signature of Officer Releasing Property Date: „ Signature. of Person Pick up Property Date:- (Include ate:(Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. Pg. E7 21. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 292261 SON: 53810 This is to advise you, JOHNSON, TERRANCE DONNELL, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County,.Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sand_ y Point Rd. Bryan, TX 77803. To avoid long wait times schedule the Dickup (24 hours in advance). LIST OF PROPERTY 2)/W L 7) 4) 9) Signature of Inmate: %ger Date: Time: Signature of Jailer: Date: l 17 Time, 'D Property disposed by: Date: Time: Person desigaaited to pick dn property. Name:;wt d h Address: J? Z 1 d A14- Ar�p , 1 `7Z o. I Telephoner (:175 / 703;-359Z, Signature of Officer Releasing Property Date: Signature of Person Pickup Property Date: (Include a copy of the person's identification that is picking up the property) form': 2825 Inmate Property Disposition Vol. ri Pg. 000 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 300514 SO#: 50486 This is to advise you, GUEVARA, JESSIE RAY, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or :organization of -choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait times schedule the pickup (24 hours in advance) LIST OF PROPERTY 2. 7) 4) 8) 6) 7) 8) 9) , 10) Signature of Inmate: Date: Time: Signature of J. ' Date: 17 Time: Property disposed by: Date: Time: Person designated topi . up property: Name: Address: AME e .0.90^ Telephone:.2.,-73. - � ZZ Signature of Officer Releasing Property....?' Date: Signature of Person Pick up Prope _ Date: (Include a copy of the person' tification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. a Pg. au, ONOBRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 2125/19 M Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) F1 Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: .$100 for Health & Safety Expo prize `rGLLrw,. euj>, Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year. SN/VIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: Estimated Value: Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: ❑X 61235000 (Donation -Other)• ❑ 60010000 (No Asset Tag -Under S500) ❑ 67010000 (Minor Property -$500.$4999) El 80010000 (Capital Property - Over $5000) Donation of Check the appropriate entity property being donated to: Govcmmcnt Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name wonal►on — Uther to be used for funds donated to Bra_os Corrn(v for use of a non•coun), erpendirure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Human Resources Department Name uthorizc ignaturc Organization Receiving Donated Property: Authorized Signature ApproDComml on this dyof Commissioners Court Approval O� Vol. Pg• BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY * ` DONATION OF COUNTY PROPERTY Date: 02121/2019 Q Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: Chair massages by Tranquil Touch Peat Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year. SNIVIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Descriptiontinformation: Ten 10 -minute chair massages Estimated Value: $100.00 Check the appropriate account based on estimated value of property being accepted: O 61235000 (Donation - Other)' ❑ 60010000 (No Asset Tag -Under $500) ❑ 67010000(N4 inor Property - $500 - $4999) ❑ 80010000 (Capital Property -Over $5000) Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate, entity property being donated to: Government Entity: Organization None Other (Due to Statuntory requirements prior approval is required by Purchasing: Organization Name Other to be used for funds donated to Bra os Countyjor rise of a non -county expenditure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received In good faith and upon approval by Commissioner's Court will become apart of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs, Requesting Department: Health and Wellness Clinic Department Name Organization Receiving Donated Property: Authorized Signature App by Com tss o Coo on this .day of Qin.. L Authorized Signature Court Approval vol. a Pg. 2 o,3 CLINICAL LEARNING EXPERIENCES AGREEMENT This agreement is by and between TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER (hereinafter referred to as "TAM,HSC"), a health-related institution under the administration of Texas A&M University, a Texas institution of higher education, on behalf of TEXAS A&M COLLEGE OF NURSING (hereinafter referred to as "CON"), with principal offices at 8447 Riverside Parkway, Bryan, Texas 77807 and BRAZOS COUNTY OFFICE OF THE SHERIFF (BCOS) (TAMHSC and BCOS, each a "party" or "Party" and collectively, the "parties" or "Parties"). CON, through Its Nursing Education Program ("Program") offers a course of study for nursing. A critical component of the Program is providing nursing students ("Students") with an.opportunity to directly apply knowledge and skills gained in the classroom in a clinical setting. CON and BCOS share a mutual interest in providing students in the Program with experience in clinical care and agree to cooperate in the conduct of educational activities through observation and supervised training of Students. It is mutually agreed by CON and BCOS-as follows: I. PURPOSE OF AGREEMENT This agreement sets forth the terms under which BCOS will provide CON faculty, staff and student access to all its facilities consistent with the purpose of this agreement. This agreement also establishes the manner in which CON will access BCOS facilities so that the well being of the clinical site, staff and patients will not be jeopardized. Foremost, this affiliation encompasses one or more educational programs in which BCOS or any of its affiliated entities is involved. ll.,. TERM CIF AGREEMENT This agreement shall become effective on January -1, 2019 and shall remain in effect through -December 31, 2023 unless sooner terminated as provided in this agreement. Either party may terminate this agreement without cause by giving thirty (30) days written notice to the other. CON's students scheduled to participate in the clinical learning experience at the time of any such termination shall be allowed to complete their assigned rotations. III. SCOPE OF THE CLINICAL LEARNING EXPERIENCE BCOS hereby agrees to provide its facilities to CON and CON agrees to the usage of such facility according to the terms and conditions described herein. The faculty and students in the Program may utilize BCOS facilities for educational activities associated with the clinical learning experience through observation and supervised training. TAM HSC, CON or BCOS will not incur financial obligation to each other as a result of this agreement. The parties acknowledge ultimate responsibility for all patient care remains with BCOS and students will not provide services apart from its educational value. OGCApproval 1.13.Z01 Page 1 IV. CON RESPONSIBILITIES CON agrees to: 1. Select students for the participation in the clinical learning experience, selecting only those students with a satisfactory record in the Program and who have met CON requirements; 2. The decision to exclude or remove students from the clinical learning experience will be the sole decision of CON and will be adhered to by BCOS; 3. Provide BCOS with copies of the course outline and course objectives, evaluation criteria as requested and a tentative list of course instructors and their qualifications before the beginning of each clinical learning experience rotation; 4. Maintain full responsibility and control for planning and execution of the Program, including curriculum, evaluation of students, administration, instructor appointments, and other matters which are normally reserved CON functions, such as granting degrees and advising students; 5. Make representatives of CON available to BCOS for assistance and consultation as the need arises and when possible; 6. Appoint in writing one or more representatives of CON to communicate with the clinical learning experience representative during the course of planning for student placement at BCOS; 7. Provide clinical learning experience instructors and/or preceptors in person or by mobile phone during times that students are at'BCOS; 8. Advise students of their responsibilities regarding participation in the clinical learning experience, including the responsibility to exhibit professional conduct and to follow all rules and standards set by CON and BCOS; 9. Ensure students attend clinical learning experience orientation, if required by BCOS; 10. Provide BCOS with written clinical learning experience objectives for each level of student assigned to BCOS; and 11. Prepare clinical learning experience rotation schedules; ensure that BCOS receives the student schedule before their assignment. OGC Approval 1.13.2011 Page 2 Vol._ ilk ` • �� 12. Provide to BCOS, when requested, the following information regarding students: a. Proof of professional liability insurance coverage to be carried by each student in an amount no less than $1,000,000.00 per incident with a maximum total coverage of $3,000,000.00; b. Proof of each student's current immunization as required; c. Proof of current basic life support training for healthcare providers; and d. Confidentiality statements executed by each student in a form the same orsimilar to Exhibit A attached to this agreement. 13. Educate students on BOOS communicable disease reporting guidelines. 14. Comply with the Prison Rape Elimination Act (provisions detailed in Exhibit Q. V. BCOS RESPONSIBILITES 1. Provide an on-site clinical learning experience which is pertinent and meaningful for students; 2. Designate and inform CON of a liaison to schedule hours for students participating in the clinical learning experience; 3. Accept from CON a number of students appropriate to staff, space and operations of BCOS; 4. Allow authorized representatives of CON to participate in the clinical learning experience planning; 5. Make representatives of BCOS available to CON for assistance and consultation as the need arises and when possible; 6. Encourage -and allow students to gain properly supervised clinical learning experience appropriate to each student's level of knowledge and training; 7. Based on the availability of facilities, allow student access to departments appropriate to each student's level of knowledge and training; 8. Immediately provide medical care in the event of acute injury or illness experienced by a student while participating in the clinical learning experience;, the cost of such health care to be the sole responsibility of the student; OGC Approval 1.13.2011 Page 3 9. Initiate the documentation process for student exposures as well as notifying CON for further follow up; draw and process baseline blood samples where appropriate for communicable disease exposures; 10. Make necessary determinations to exclude students from individual patient care. CON and students will adhere to this decision. 11. Upon making necessary decision to deny a student access to the health care facility, send written notice to CON. CON and students will adhere to this decision upon receipt of said notice. 12. Provide adequate space for student -faculty conferences. 13. Provide training to students regarding the confidentiality requirements of BCOS. VI. CON AND BCOS MUTUAL RESPONSIBILITIES CON and BCOS agree to: 1. In compliance with federal law, including provisions of Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, TAM HSC and BCOS will not discriminate on the basis of race, sex, religion, color, national or ethnic origin, age, disability or military service in their administration of policies, programs, or activities; admission policies; other programs or employment, unless and except if a person's status directly and adversely interferes with his or her ability to perform assigned duties and -cannot be reasonably accommodated. 2. Determination of the number of students to be assigned to the clinical learning experience shall be a joint decision based on staff and space available at BCOS and eligible students enrolled in the Program who desire to be educated at BCOS. 3. This agreement does not prevent BCOS from participation in any other program. Nor does this agreement prevent CON from placing students with other licensed health care facilities. 4. There will be on-going, open communication between CON and BCOS to promote understanding of the expectations and roles of both institutions in providing the clinicallearning experience for students. CON and BCOS representatives will meet as needed at the convenience of both parties to coordinate and improve the clinical learning experience. 5. Either CON or BCOS may remove a student participating in the clinical learning experience if, in the opinion of either party, the student is not making satisfactory progress. Any student who OGC Approval 1.13.2011 Page 4 Vol. _a9 Pg.007 does not satisfactorily complete the clinical learning experience or any portion of thereof may repeat the clinical learning experience with BCOS only with the written approval of both CON and BCOS. 6. At no time shall CON students be considered representatives, employees or agents of CON or BCOS. CON students are not eligible to receive payment for services rendered, replace or substitute for a CON or BCOS employee, or possess authority to enter into any form of agreement, binding or otherwise, on behalf of CON or BCOS. 7. TAMHSC and BCOS each acknowledge that neither party assumes liability for actions taken by students during the time that they participate in the clinical learning experience with BCOS. 8. TAMHSC is not responsible for providing personal liability or medical insurance covering students. 9. As an agency of the State of Texas, TAMHSC may not agree to indemnify or hold any party harmless from any liability or expenses. Neither party to this agreement shall be required to indemnify or hold the other harmless unless ordered to do so by a court of competent jurisdiction. 10. CON and BCOS agree to assist each other in obtaining and maintaining approvals -of regulatory - agencies needed to conduct the clinical learning experiences underthis agreement. VII. FERPA For purposes of this agreement, pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), BCOS agrees to maintain the confidentiality of the education records in accordance with the provisions of FERPA attached as Exhibit B. UllII I1L�s1 TAMHSC and BCOS agree that: 1. BCOS is a covered entity for purposes of the Health Insurance Portability and Accountability Act (HIPAA) and subject to 45 CFR § 160 and 164 ("the HIPAA Privacy Regulation"); 2. to the extent that CON students are participating in the Program and CON faculty are providing supervision at BCOS as part of the Program, such students and faculty members shall: a. be considered part of BCOS. workforce for HIPAA compliance purposes in accordance with 45 CFR §160.103, but shall not be construed to be employees of BCOS; OGC Approval 1.13.2011 Page 5 b. receive training by BCOS facility on, and subject to compliance with, all of BCOS privacy policies adopted pursuant to the Regulations; and C. not disclose any Protected Health Information, as that term is defined by 45 CFR §160.103, to CON which a student accessed through Program participation or a faculty member accessed through the provision of supervision at BCOS that has not first been de -identified as provided in 45 CFR §164.514(a); 3. CON will not access or request to access any Protected Health Information held or collected by or on behalf of BCOS, from a student or faculty member who is acting as a part of BCOS workforce as set forth in subsection 2.b., above, or any other source, that has not first been de -identified as provided in 45 CFR §164.514(a); and 4. No services are being provided to BCOS by CON pursuant to this agreement and therefore this agreement does not create a "business associate" relationship as that term is defined in 45 CFR §160.103. IX. MISCELLANEOUS PROVISIONS 1. Execution and modification. This agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties. 2. Assignment. This agreement, with the rights and privileges it creates, is assignable only with the written consent of both parties. 3. Force Majeure. Each party shall be excused from any breach of this agreement which is proximately caused by government regulation, war,.strike, act of God, or other similar circumstance normally deemed outside the control of well-managed businesses. 4. Entire Agreement. This agreement contains the entire understanding of the parties with respect to clinical learning experiences and supersedes all other written and oral agreements between the parties with respect to the clinical learning experiences. It is acknowledged that other contracts may be executed. Such other agreements are not intended to change or alter this agreement unless expressly stated in writing. 5. Governing Law and Venue. The validity of this agreement and all matters pertaining thereto, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed by the Constitution and laws of the State of Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMHSC shall be in the county in which the primary office of the chief executive officer of TAMHSC is located, namely, Brazos County, Texas. OGC Approval 1.13.2011 Page 6 vol. abs Pg. ao9 6. Independent Contractor Status. This agreement will not be construed creating an employer/employee relationship between TAMHSC or CON and BCOS or the clinical learning experience students. 7. Headings. Headings appear solely for convenience of reference. Such headings are not part of this agreement and shall not be used to construe it. 8. Provisions. If any provision or provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9. Notice. Any notice required or permitted under this agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. CON and BCOS can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: CON: BCOS: Texas A&M Health Science Center Brazos County Office of the Sheriff College of Nursing Cindy Weston, DNP, FNP -BC Sgt. Kit Wright, LVN, CCHP Associate Dean for Clinical _ Brazos County Detention Center -Medical & Outreach Affairs Department 8447 Riverside Parkway 1835 Sandy Point Road Bryan, Texas 77807 Bryan, Texas 77807 Phone: 979-436-0178 Phone: 979-361-4838 Fax: 979-436-0096 Fax: 979-361-4840 Email: cweston@tamhsc.edu Email: kwright@brazoscountytx.gov X. DISPUTE RESOLUTION The dispute resolution process provided in Chapter 2260, -Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TAMHSC and BCOS to attempt to resolve any claim for breach of contract made by BCOS that cannot be resolved in the ordinary course of business. BCOS shall submit written notice of a claim of breach of contract under this Chapter to the Vice President for Finance and Administration of TAMHSC, who shall examine BCOS's claim and any counterclaim and negotiate with BCOS in an effort to resolve the claim. OGC Approval 1.13.2011 Page 7 Vol. b Pg - J2_0 The parties are signing this agreement on the date stated opposite that party's signature. APPROVED AND ACCEPTED FOR: THE TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER on behalf of COLLEGE OF NURSING By: Nancy Fahrenwald; PhD, RN, PHNA-BC, FAAN Dean and Professor APPROVED AND ACCEPTED FOR: BRAZOS COUNTY OF THE SHERIFF By. Duane Peters Cou my J udge Date: Date: v ✓ l OGC Approval 1.13.2011 Page B Vol. a69 P9. SII 4TA:t11.1k 1 Texas A&M Health Science Center College of Nursing Student Clinical Learning Experiences Confidentiality Agreement Students enrolled in the College of Nursing recognize the importance of protection of confidential information about patients and their families and of the operations of agencies where students are placed for clinical experiences. It is the obligation of every student to protect and maintain this confidentiality. All patient information stored via paper or computer system is considered confidential. It is the ethical and legal responsibility of all students o maintain and comply with all confidentiality requirements of the agencies used for clinical experiences. As a student at the Texas A&M Health Science Center College of Nursing, I agree to the following: 1. 1 will protect the confidentiality of all patients, family, and clinical agency information. 2. 1 will not release unauthorized information to any source. 3. 1 will not access or attempt to access information other than that information which I have authorized access to and need to know in order to complete my assignment as a student. 4. 1 will report breaches of this confidentiality agreement by others to my clinical instructor and/or the course coordinator. I understand that failure to report breaches is an ethical violation and subjects me to disciplinary action. - S. I will not put patient/family/clinical agency identifying information on any stored information (disk or hard drive) on my own personal computer or on any other public or private computer. Signature Print Name Date This form will be placed in my academic file. I was given a copy of this agreement for my records. OGC Approval 1.13.2011 Page 9 1 Vol. P9. ; EXHIBIT B Texas A&M Health Science Center College of Nursing Student Clinical Learning Experiences FERPA Guidelines Information in student records will be released only to faculty and professional staff for authorized legitimate educational interest. The student's consent is required to release information other than public information to any non -HSC or non -university system person unless required by law or upon subpoena duces tecum. The Family Educational Rights and Privacy Act.(FERPA) affords students certain rights with respect to their education records. These rights include the right to provide written consent before CON or BCOS discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent. Student information may be disclosed in certain circumstances: • to comply with a judicial order or a lawfully issued subpoena; • to appropriate parties in a health or safety emergency; • to officials of another school, upon request, in which a student seeks or in tends to enroll; • in connection with a student's request for or receipt of financial aid, as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid; • to certain officials of the U.S. Department of Education, the Comptroller General, to state and local educational authorities, in connection with certain state orfederally supported education programs; • to accrediting organizations to carry out their functions; • to organizations conducting certain studies for or on behalf of the HSC; the results of an institutional disciplinary proceeding against the alleged of a crime of violence may be released to the alleged victim of that crime with respect to that crime. I OGC Approval 1.13.2011 Page 10 i i V01.2-5 5 fig. eQ 13 EXHIBIT C Brazos County Office of Sheriff Compliance with the Prison Rape Elimination Act The Brazos County Commissary Fund, as an operation of the Brazos County Sheriffs Detention Center will comply with the Prison Rape Elimination Act (PREA). The Detention Center has a Zero Tolerance Policy regarding sexual abuse and sexual harassment. The Detention Center will conduct a background investigation on all proposed employees, volunteers, or other contractors that may have contact with inmates. Background checks will be conducted at least every five (5) years for all contractors. The BCCF shall ensure that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. Any contractor or volunteer who engages in sexual abuse is prohibited from contact with inmates and shall be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was clearly not criminal. The facility will take appropriate remedial measures and prohibit further contact with inmates in the case of violation of sexual abuse or sexual harassment policies by the contractor. The contractor has an affirmative duty to disclose any misconduct in violation of the sexual abuse and sexual harassment policy. Material omissions regarding such misconduct, or the provision of materially false information, are grounds for termination of this agreement. OGC Approval 1.13.2011 Page 11 RFP # 19-089 Rehabilitation of Goodson Bend Phase II *Final Price after negotiation Committee Recommended Award: Knife River roved Commis ' er's Court on this day of 2019 by holding the position of V Max Points Available Texcon General Contractors Brazos Paving i 1 Total Cost including the alternates and addenda $2,392,184.00 $2,397,876.60 ME Points for Cost 40 28.06 27.99 2 Completion Time in days 250 240 Points for Time 10 3.60 3.75 3 Quality of Previous, similar contractswith Brazos County 10 10 10 4 Proposer's reputation with similar projects 20 20 1 20 2 5 Ability to Perform 20 20 1 20 20 Technical Proposal Total 100 81.66 81.74 100 *Final Price after negotiation Committee Recommended Award: Knife River roved Commis ' er's Court on this day of 2019 by holding the position of V AGREEMENT FOR REHABILITATION OF GOODSON BEND PHASE II RFP # 19-089* BRAZOS COUNTY, TEXAS Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 Page 1 TABLE OF ARTICLES 1. General Provisions 2. 'Owner ° ' 3. Contractor 4. Administration of the Contract 5. - ' Subcontractors 6. Construction by Owner -or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds ..12. Uncovering and Correction of Work 13... Miscellaneous Provisions 14. Termination or Suspension of the Contract 15.. Access to the Work 16. Standards 17. Prohibition against personal interest in the'Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction— Rehabilitation of Goodson Bend —RFP # 19-08 Page 2 i AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the REHABILITATION OF GOODSON BEND, Brazos County, Texas, in the amount of ONE MILLION, SIX HUNDRED SEVENTY EIGHT THOUSAND, ONE HUNDRED TWELVE DOLLARS, THIRTY THREE CENTS ($ 1,678,112.33) is entered into this 5 day of -March 2019 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner`'), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and KNIFE RIVER., (hereinafter referred to as "Contractor"). The REHABILITATION OF GOODSON BEND PHASE II is hereinafter referred to as the "Project." The Engineer ,for the Project is the firm of GESSNER ENGINEERING, LLP and is hereinafter referred to -as. "Engineer." ARTICLE.1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor .(hereinafter the "Agreement"); Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP # 19-089 and the Drawingsi Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the. Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or (4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer: Unless- specifically enumerated in the Agreement, the" Contract Documents do not include other documents such 'as bidding -requirements (advertisement or invitation to. bid, Instructions to Bidders, sample forms or portions of addenda..relating to' bidding requirements), The Contract- Documents executed in - accordance with Sub -paragraph 1-.5.1. shall prevail in case of an . inconsistency with subsequent versions made .through., manipulatable electronic: operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract'). 'The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents. shall not be construed to create a contractual relationship of any kind: (1) -between the Contractor and Engineer or Engineer's consultants; (2) between the Owner. and a Subcontractor or Sub—subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent. of Owner, .be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 O e 3 Vol. a 1 Pg. 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 rehabilitation of the GOODSON BEND PHASE II in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. A.1.4.1 SUMMARY OF THE WORK: This project consists of the rehabilitation of a portion of Goodson Bend Road. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for. materials, equipment, construction systems, standards and workmanship forthe'Work, and.performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the: bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. -1.1.8 GENERAL.DEFINITIONS: Construction industry technical terms not'defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction Industry Terms." Those not specifically 'defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor,.- materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and. local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless -its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated," "as noted," and similar, terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where. the terms "Plans" or. "Drawings" are used, they .shall be understood to include drawings, details and schedules as applicable. Agreement for Construction — Rehabilitation of Goodson Bend— RFP # 19-089 Page 4 Vol: ?L9 pg_ moi.! _9__ .5 Construction Time: the :number of calendar days required to perform the work. Refer to Sections 8.1.1 . and 8.1.2. .6 * Day: A calendar day beginning and ending :at 12:00 midnight. .7 Equal; approved -equal; Engineer approved.; acceptable; approved; satisfactory; required; directed; instructed: Such terms and -related phrases. shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated-, and shall be limited in authority and responsibility. as defined under this Agreement and the contract between the Engineer and Owner. 8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. 9 Occurrence: Is defined as follows for purpose of insurance — An event .which occurs during the policy period,'' or a continuous or repeated exposure' to conditions which result, during the policy period, in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths - of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall. be deemed to result from one occurrence. . .10 Not—In—Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or". and shall be enforceable by Owner when read- in either manner. .12- General Contractor: Same as Contractor. .13 Material. Man; Material Supplier:- Anyone that supplies material only -and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be. arranged before the particular item of work has. required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15; - Late Change: A change in the work that cannot be performed before the particular item of work that. requires the expenditure of some non- recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17' Addendum: A change to .the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 P age 5 Vol. x U Pg. 0 ..18 . Agreement/Contract: Agreement/Contract means the same'and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19. ' 'Critical Path: The project's tasks that will cause the project. end date to be delayed if they are delayed. The word "critical" does not 'imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in' context; the word "furnish" and any derivatives thereof mean:, deliver indicated items, materials, equipment, apparatus-, appurtenances and all items 'necessary for a complete and proper installation to Project site and stored in secure locations. .21.: Install:."Install"-and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including- all necessary -.labor, materials and connections to perform. a. properly. and .complete installation ready for operation of use, including but not limited to unpacking.'and assembly, if necessary. .22- The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may, be verb. phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect;" "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include -the applicable form of the phrase "the Contract shall" preceding -the expressed verb, with the requirements described 'interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative.thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work -completed to determine in general if it is being performed in. a manner indicating that the Work when completed may be - occupied or utilized by the 'Owner for its intended use. Such evaluations shall .be based on what is plainly visible .at the construction site during periodic visits to the Project, and without the removal of.material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluationthat a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work. is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections 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 Agreement for Construction — Rehabilitation of Goodson Bend — RTP # 19-089 Page 6 Vol. Pg. s 'LLL '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. Thel 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 ttie'same Document. The'order of precedence is as follows with the highest authority. listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated -herein. . C. Addenda D. Supplementary Conditions E. Specifications. and Drawings. In the case of an inconsistency between Drawing -and specifications or within either document, the better quality and the greater quantity of work shall be provided unless. otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to* standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction .Documents"shall-apply whether or not the -proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings: are not intended to enumerate each and every item of work or appurtenance required therein but.shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the .Work or any portions thereof. 1.2.8 Reference Guarantees: When- reference standards are 'made a part of the requirements, the -warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 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 Agreement for Constriction — Rehabilitation of Goodson Bend — RFP # 19-089 age 7 Vol. pg. Paragraphs, ,Subparagraphs and Clauses 'in the document, or (3) the. titles of other' documents published -,by the American .Institute of Engineers. 1.4 INTERPRETATION 1.4.1 'in the interest'of brevity the Contract Docuinents•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. ... CS EXECUTION OF CONTRACT DOCUMENTS 1.5.1 - The Contract Documents shall be enumera ted, 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 beg'inning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in:electronic form, prepared by the Engineer and/or Engineer's -consultants are • Instruments of the Engineer's service through which the Work 'to be' executed by the Contractor is described. The Contractor may retain one contract record set. - Neither the Contractor, nor any Subcontractor, Sub—subcohtractor•or material or equipment'supplier'shall own or claim a copyright in. the Drawings, Specifications and other. documents prepared- by the Engineer or the •Engineer's consultants, and. unless otherwise.1ndicated the Engineer :or the Engineer's consultants shall be deemed the. author of them- and will . retain • all common law, statutory and other reserved rights,- in. addition to the ,copyright,, unless indicated differently in the Owner — Engineer Agreement: The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof. furnished to the :Contractor, are for. use solely with -respect to this Project. They are not to be used by the - Contractor or any Subcontractor, Sub -subcontractor or:material:or equipment supplier on other.projects or for additions to. this Project outside the scope of the work without the specific -written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, -Subcontractors, Sub—:subcontractors and material or. equipment suppliers are•granted a limited license to:use and reproduce applicable portions of.the Drawings, Specifications 'and other. 'documents prepared by, the Engineer and/or Engineer's -consultants appropriate to and for use in -the execution of their Work under the Contract Documents. -All copies made under this license shall bear the statutory copyright notice, if any: shoown :on.the' Drawings; Specifications and other documents -prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for.other purposes in connection with this Project is not to be construed ,-as publication in derogation of the Engineer's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE .OF INSTRUMENTS OF SERVICE IN. ELECTRONIC FORM ; Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-08 Page 8 VoL Pg. 3 1.6.2.1 Engineer may furnish or sell, at an , agreed upon .cost, to Contractor, Subcontractor, Sub -subcontractor, and material and .equipment supplier, or 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, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary 'to- prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer'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 Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor; any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied. by the Engineer or Engineer's consultants from the system and format used by the Engineer.or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's .consultants -or -others; cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the°event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's -consultants furnish electronic data, the Contractor,. any Subcontractors -or Sub -subcontractors, material or equipment_ suppliers, -and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive -any -and all claims, -liabilities, losses, damages and costs. arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form:, are modified, revised or changed in any way -by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant' and any professional, seals -and signatures shall be removed , from the documents. 1.6.2.5 '.1 In consideration for the use of- the Drawings, Specifications :and other documents, including those. in.. electronic form,' Contractor, Subcontractor, Sub - subcontractor, material and equipment. supplier and others agree to indemnify, defend and hold harmless the Engineer,. Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. ARTICLE 2 OWNER Agreement for Constriction — Rehaliflitation of Go'odson Bend- — "P # 19-089 Q /� age 9 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The'term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold; Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner'upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce. mechanic's lien rights. Such information shall include a correct statement'of the record legal title to the property on which the Project -is located, usually referred to as the site, and the Owner's interest. therein. at the time of'execution of the Agreement and within -five (5) days after any change, information of such charige in title, recorded or unrecorded. 2.2 - INFORMATION" AND SERVICES REQUIRED OF THE OWNER 2.2.1 The' Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility. of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction. 2.2.3" Information or services required of the Owner by the Contract Documents --shall - ' be furnished by the Owner with reasonable- promptness and complete and accurate to the best of the Owner's information and belief. Any other, information or services relevant to the Contractor's performance of the Work under the Owner's control shall be -furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting. or printing. Contractor may use,for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities. of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to 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 Agreement for Construction- Rehabilitation of Goodson Bend - RFP # 19-081 Vol. 0�-9-. - —Pg. a5lage 10 the right to stop the work in any -future situation, -if Owner waives this situation. right it :any one 2.4 OWNER'S -RIGHT TO CARRY OUT THE WORK 2.4.1 -if the Contractor defaults bor 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 such, due the.Contractor the cost of correcting such deficiencies, including compensation for the -:Engineer's additional services and expenses made necessary by such default, neglect, orlailure. .Such action by the Owner and amounts charged to -the Contractor shall be done after consultation with the Engineer. If payments then or thereafterdue the Contractor are not sufficient -to cover such amounts, the' Contractor shall pay the difference to the Owner. 2.4.2 'Neither .Owner nor its officers, agents, or employees are in any way, liable or accountable to Contractor or its :Surety for any method by.Which completion -of said Work, or any portion thereof, is accomplished or for price paid therefore;. unless Surety is required to pay cost to complete .the Project, in excess of the amount- contained in the Owner -Contractor Agreement,..as a direct result -of the Engineer's negligent- issuance of 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-rightjto recover damages from Contractor or Surety for failure.to'complete Contract by taking over the Work or by .declaring Contract in default. Maintenance of: the. Work remains. Contractor's and Surety's. responsibility as .provided for in 'Performance Bond and _guarantee of- Contractor. 2.4.3 The OWner reserves the. right to: .1 observe the work, at any time, whenever it is in preparation or progress; ..2. make emergency ,repairs to -the work. during the guarantee period, to preventfurther damages and the Contractor shall. pay for such repairs when necessitated by.defects in the Contractor's Work; .3. make changes to the work. 2.4.4. The Owner shall not be. required to accept from the Contractor (unless specifically agreed upon): .1 ' Partial Substantial Completion; .2 Substantial Completion When it bccurs.'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" mean's the Contractor or the Contractor's authorized representative. Agreement for Construction —Rehabilitation of Goodson Bend — RFP # 19-089 ge 11 �/o!. F pg, i 3.1.2 The . Contractor shall perform, the Work, in accordance with they Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's- administration of the Contract, or by tests; inspections or ;approvals required or performed by persons 'or entities other than the Contractor. 3:2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract. Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relativeto 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 riot for the purpose of discovering errors, omissions - or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely Request For Information ,(RFI) in: such form as the Engineer may require. 3.2.2 Any design errors or omissions noted- by the Contractor during this review shall -be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed 'design professional unless otherwise- specifically provided in-the.--Contract.-Documents. --The Contractor is not required to ascertain that -the Contract -Documents are in -accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means,methods, techniques or -safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made.known to the Contractor as a Request For. Information (RFI) -in such form as the, Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices. or requests for information -pursuant to Subparagraphs - 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform -the obligations of Subparagraphs 3.2.1 and' 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided : if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless. the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Engineer.. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The .Contractor shall. perform the Work in. accordance with the Contract Documents and. submittals approved pursuant to Paragraph 3.12. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 - ge 12 Vol. pg. 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 evaluatathe jobsite safety thereof and, except as, stated below, shall be fully;and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures -may not be safe, the. Contractor shall give timely written notice to the Owner -and Engineer and- shall not proceed with that portion of the Work without further written instructions from the Engineer. -If the Contractor is then. instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of .changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage.. 3.3.2 --The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of: the Work under a contract. with the Contractor. 3.3.3 The Contractor -shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities -or duties of the Engineer in the Engineer's administration of the Contract, or by -tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4- The Contractor -shall be' responsible for inspection of portions of Work already performed -un der -this Contract to determine that such portions are in proper condition to receive: subsequent Work. 3.3.6 Contractor is solely responsible for coordination -of. scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). .3.3.7 -.Layout/grades will be per plans. 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, 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. Agreement for Construction— Rehabilitation of Goodson Bend — RFP # 19-089 ge 13 Vol. a Pg. 3.4.2 'The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the . .Contractor's employees and other. persons, carrying out the Contract. The Contractor shall not permit employment of unfit persons'or persons not skilled in tasks assigned to them. _r 3:5 WARRANTY 3.5.1 'The Contractor warrants to the ' Owner and Engineer that all materials and equipment furnished'under.this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents -and will be of good quality, free of faults and defects.. AII' Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor. or any subcontractor, material supplier or equipment supplier that have-not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements. of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments 'thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop -drawings'.or other types of submittal will not be considered acceptable to;Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter form. If required by Owner or Engineer,: Contractor ,shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This.warranty is not limited by the provisions of Paragraph 12.2. 3. 5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, .stating that all materials and equipment provided and all work performed are. -in -accordance with the requirements of the Contract Documents and authorized modifications and' additions -thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due, to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such'condition, shall be (upon written notice from Owner)'_promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the .prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub—let. I n 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 soelects, and shall run concurrently with Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 P t ge 14 II tl 'Contractor's warranty. Warranty shall besecured 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 fora period of more than one year, -Contractor's and subcontractor's warranty, with respect to such work, shall be for such - longer period. - Warranty for work done subsequent to -Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 : Objectionable Process: Where -any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty.. in the event the Contractor's recommendations are approved, the work shall be installed in accordance'therewith, and all changes in cost resulting there from shall be included in the Contract bid. amount. 3.5.7 Under the requirements of this Paragraph 3.5, -Contractor shall be responsible for. - .1 : Damages existing facilities, fences or other appurtenances or services when damages result .from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results: . - _ . : .3 Warranting substitutions. will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for -making substitution. .4 Obtaining and enforcing all subcontract warrantieswith particular• attention being. directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or* portions thereof provided by the Contractor which may not be within 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 requires all Subcontractors, Sub-subcohtractors'and suppliers to bill Contractor for -all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements Agreement for Constriction — Rehabilitation of Goodson Bend — RFP # 19-089'-- — . age 15 Vol. o� pg. 3:7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay forthe building permit and other permits *and governmental fees, licenses and inspections necessary. for proper execution and completion of the Work- which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other' permits and governmental fees, licenses -and inspections- necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids -are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, ' codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules 'and regulations; unless they bear upon construction means', methods, techniques or safety and health precautions. However, if the'Contractor observes that.portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and .Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws,, statutes,. ordinances, building codes, 'and rules and regulations without such notice to the'Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear :all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines' or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the .Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct; but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall. cover the cost to the .Contractor of materials and equipment delivered at the site and all required taxes,. less.applicableuade 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 . Agreement for Construction— Rehabilitation of Goodson Bend -- RFP # 19- 9 Page 16 vol.a 8� .pg. under Clause 3.8.2.3. 3.8.3 Contingency- Al Iowa nce is established as $200,000.00 and shall be processed -pursuant to the Specifications. 3.9 SUPERINTENDENT .3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as: practicable after award of the Contract, shall furnish in writing to the. Owner and Engineer:th-e- name and qualifications of a: -proposed superintendent. The Owner or Engineer may- reply within fourteen (14) days to' the -Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection - to the proposed superintendent, or (2) that the Owner or Engineer requires additional'. time to review. Failure of the Owner or Engineer to reply within :the fourteen (14) day period shall; constitute notice of no.reasonable objection. 3.9.3 - The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which' shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION .SCHEDULES 3.10.1 The Contractor, promptly (within ten, (10) days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work.. The schedule shall -not exceed time limits current _ under the.Contract Documents, shall be -revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the. entire Project to the. extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings -and Specifications. If Drawings and Specifications require further development at the time the initial construction -schedule is prepared, Contrabtor shall: 1) allow time in the schedule for'further-development of -Drawings and Specifications by Engineer, including time for- review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and :2) furnish to Owner, in . a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules .for construction of Work. - 3.10.2 The Contractor, shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction' schedule and allows the Engineer, reasonable time, as defined by the Engineer . to review submittals. If the Contractor fails to submit a schedule, the. Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on; the time .required for review of submittals. 3.10.3 The. Contractor shall perform the Work in general accordance with the most recent schedules. submitted to the Owner- and Engineer. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-0 N01. �� Pg. 17 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 Engineer and shall be delivered to the Owner upon completion of the Work. 3.12' SHOP DRAWINGS, PRODUCT DATA AND SAMPLES' 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially. prepared 'for the -Work by. the Contractor or a Subcontractor, - Sub_subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, 'standard schedules, performance charts, instructions, brochures, diagrams and other information .furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are ;physical examples which illustrate materials, equipment or workmanship and establish standards by which -the Work will be judged. 3.12.4 Shop Drawings, Product. Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those .portions of the Work for which submittals are required the way the Contractor proposes to' conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engirieer is -not expected to take responsive action may be so . identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples -add similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or 'in the activities of the Owner or of- separate contractors. Submittals which are not marked as reviewed for compliance with the - Contract Documents and approved by the Contractor may be returned by the ;Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar*submittals, the Contractor and Sub -contractor represent to the Owner and Engineer that the Contractor and Sub=contractor have '(1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria. related thereto, or will do - so,! and. (4) checked .and coordinated. the information contained within such submittals with the Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 ge 18 Vol. Pg. , requirements of the Work and of the Contract Documents, and have approved the submittal 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with .approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until. no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions .made in addition to those requested by Engineer on previous submissions, if any. 3.12:8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from. requirements of the Contract * Documents by the Engineer's approval ' of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. - The Contractor -shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples,or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific. attention, in writing or on resubmitted Shop Drawings, -Product Data, Samples or similar' submittals,: to revisions other than those requested.by the Engineer on previous submittals. In absence of such written notice:the Engineer's approval -of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute -the practice of Engineer or engineering unless such services are specifically required by the .Contract Documents for a portion -of the Work or unless the Contractor needs to provide such. services in order to carry out the Contractor's responsibilities for construction means, -methods, techniques, sequences and procedures. The Contractor ..shall not'be required -to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the- Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such:. services must satisfy. ' The Contractor shall cause such services or certifications to be provided by a properly licensed design -professional, whose signature and seal.shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written -approval when submitted to the ;Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must. satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other, appropriate action on submittals only for the limited purpose of checking .for conformance with information given and the design concept expressed 'in the Contract Documents. The J Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 ge 19 i/ol. oC pg, �. 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 equipinent'is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness -of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine- operations at the site to areas permitted by 'applicable laws, statutes, ordinances, policies, codes, rules and regulations; and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of: materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents -on project. 3.14 CUTTING AND PATCHING 3.14.1. The Contractor shall be .responsible for cutting,. fitting or patching required to complete the Work or. to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering -such construction', or by -excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor,. except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold,from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise - altering, the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises -and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor -shall remove from and about the Project waste materials, rubbish' the Contractor's tools; construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided. in the Contract Documents after, reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide, governmental authorities who lawfully request access to the work; the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall Agreement for Construction— Rehabilitation of Goodson Bend — RFP # 19-089 �� ' -` '�" — - ge 20 defend =suits or claims for infringement of patent rights and shall hold the Owner and Engineer 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 Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, .THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS,. OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES') FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS; AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S -FEES,' ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR' EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, .DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY -THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, - ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND- AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN 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 IVEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES- (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR, SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) 'FAILURE70 SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH -THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN_ SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR ;REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR. PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION -PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT Agreement for Construction — Rehabilitation of Goodson Bend— RFP # 19-089 21 �I 3.1.8.2 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 &&shall not be limited by'a limitation on amount or:type of damages, compensation -or benefits payable by -or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor 'under Paragraph' 3:18 shall not extend to the liability of the Engineer,.the Engineer's consultants and agents and employees of any of them arising -out of: (1) the preparation'or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs.or specifications; or (2) the giving of, or the -failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them,- provided such giving, or failure to give, is the primary cause of the injury or damage. The - indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. . 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, -substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions.- Where such instructions are .in conflict with, the Contract. Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept'at job site and made available to Engineer. 3.19.3 Contractor shall stop the. Work affected when notified of a proposed change and _ when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional. instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for.the Work, report, errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be 'responsible for. placement of Project Work and shall make all -corrections necessary to achieve an accurate layout of Project Work. 3.19.6 Contractor. shall. provide acceptable access facilities to the Work for the Owner, Engineer, 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 th,e 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. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 c-� ge 22 Vol. Z Pg. 3.19.7 Contractor shall furnish written warranties 'using the form directed by'l Owner or Engineer. 3.19.8 Contractor -:shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT . 4.0 `SCHEDULE OF WORK (at a'maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 90: Contractor attains Substantial Completion Day, 120: Contractor attains Final. Completion 4.1 ENGINEER 4.1.1=The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering. identified. as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer -or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the. Engineer as a consultant. 4.1.1.1 Each of these terms; ',"Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean. Engineer, or an affiliate as otherwise provided in the Contract Documents,. -or duly authorized representatives, such. representatives acting severally -within -scope --of particular duties entrusted to -them, unless -otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations .of. authority of the Engineer as set forth in the Contract Documents :shall not. be restricted, modified or extended without written consent of the -Owner,_ Contractor and Engineer.: Consent -shall not unreasonably- withheld.' nreasonablywithheld. 4.1.3 In case of -termination of employment of the Engineer; the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer.. 4.2 - ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation .with, Owner's representative, will provide administration of the Contract as described in the Contract Documents: ('I) during -construction; (2) until final payment is. due, and (3) with the- Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority. to act on behalf of the Owner only .to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, ,as a representative of the Owner, will visit the site at intervals appropriate to the stage of.the Contractor's operations, or as otherwise agreed by Owner Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 P ge 23 vol. �g. 3 g ;I and Engineer, and as Engineer .deems necessary: (1), to become generally, familiar with and to keep the Owner informed about the progress and.aesthetic quality of. the portion of the -Work completed; (2) to endeavor to' guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when: completed, will be 'in general accordance -with the Contract Documents. However, the Engineerwill not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither. have control over or charge' of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are. solely the_ Contractor's -rights 'and, responsibilities . under the Contract Documents, except as provided in Subparagraph 3.3.1...- 4.2.2.1- Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or.request of Contractor. 4:2.3 The Engineer will not have .control over or charge of and will .not be responsible 'for construction means, methods, techniques, sequences or procedures, or for safety precautions- and programs in ' connection with the Work, since these are solely the -:Contractor's responsibility as provided in Paragraph 3.3. .The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineer will not have control over or charge of and will not be,. responsible for acts or omissions of the .Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have, been specially authorized, the .Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with -the .consultants shall be through the Engineer, unless otherwise'approved-by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence. at the Project Site shall not imply: concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer Will. review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the. Engineer considers it necessary or advisable for implementation of.the intent of the Contract Documents, the Engineer will have. authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors,, materials and equipment suppliers, their agents or employees, .or other persons performing portions of the Work. All costs made .necessary by such failure, including those of repeated procedures shall be at Agreement for Construction —Rehabilitation of Goodson Bend — RFP # 19-089Q q ge 24 E - pg. Contractor's sole expense, including .compensation for Engineer's services and expenses., . 4.2.7 The Engineer will review and approve or take other appropriate. action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information 'given and the' design . concept expressed in the Contract -Documents. Such review 'and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing 'sufficient time in the Engineer's professional judgment:to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for. the 'Purpose of - determining the accuracy and completeness of other details such as dimensions. and quantities, or for substantiating instructions for installation or performance of equipment'or systems, all of which remain the responsibility of the Contractor as . required, by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the. Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The - Engineer's review; shall not constitute approval of safety or health precautions -or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The- Engineer's review or.approval. of a .specific item 'shall nqt indicate approval of an -assembly of which the item is a component. i 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work :for the Owner's approval and execution,. and the -Engineer may authorize minor changes in the Work -as provided. in . Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion _and the date of final completion. The Engineer may receive - and forward to the Owner for the Owner's review and -records written warranties and related documents as required by the Contract Documents. and assembled by the Contractor, and will issue. a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. - 4.2.10 If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project:representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.A 1 The Engineer will interpret and decide matters concerning performance under, and requirements of; the Contract Documents on'written request of either the 'Owner or Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no'agreement is made concerning the time within which interpretations required of the Engineer shall be furnished � in compliance with this Paragraph 4.2, then delay shall not' be recognized on account of failure by the'Engineer to furnish such interpretations until twenty (21) days after written request is received. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-0 Page 25 Vol. a� __ Pg. d,, 4.2.12 Interpretations and decisions. of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic' effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND. DISPUTES 4.3.1 - Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time, or other relief with respect to the terms of the Contract. -;The term "Claim" also includes. -other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be. made. by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving' rise to the Claim; 3 Identification of contractual provisions. affected and a detailed explanation of how.the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum; including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction- Schedule and schedules -prepared in connection with the Claim. If required by Owner or Engineer, 'this shall include.showing in. CPM format, both critical.and non-critical path activities affected. - and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer..- Claims, including those alleging an error or omission by the Engineer, shall' be referred. initially to the Engineer for action as provided in Paragraph 4.4. A decision. by the. Engineer and Owner, as provided in Subparagraph 4.4.4, shall 'be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work; or (2) the extent to which ifie 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 Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will. not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing .or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall Agreement for Construction — Rehabilitation of Goodson Bend —.RFP 4 19-0 9 JPage 26 Val. a�� Pg. continue fo make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver -of Claims by the Owner except those arising from: .1 liens, Claims, security interests -or encumbrances arising out of 'the Contract and unsettled; .2 failure of the Work to comply with the requirements of the -Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing -party shall be given to the other party promptly before conditions are disturbed..:The Engineer will promptly investigate and evaluate such conditions and, if they differ' materially and 'cause an increase ordecrease in the Contractor's cost of, or time required for, performance of any part -of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in *the terms of the- Contract is justified, the Engineer shall so notify the 'Owner and Contractor in. writing, stating the reasons. Claim's by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and -Contractor cannot agree on'an adjustment in the Contract Sum or Contract Time, the adjustment shall be'referred to the Engineer for initial determination, subject to further proceedings pursuant -to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the -Contractor- wishes to make Claim for. an increase in -the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) -an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8': Claims -for Additional Time 1- 4.3.8.1 - If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting th•e critical path shall be addressed no later than the ,pay application -for the month following the month in which the time was lost. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-0. "� age 27 Vol. a?)Pg. 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 will be local official records. 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 Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of.the Claim. 4.3.8.4.., Contractor shall not be entitled to a separate increase in Contract Time for . each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work -of -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. 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 11 between subcontractor and owner. 4.3.13 Ownerwill only be required to pay for materials actually received and/or services actually provided. Owner 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 Agreement for Construction — Rehabilitation of Goodson Bend —RFP # I 9-05M Page 28 Vol. o2Q09 pg- 01 contract. This.term supersedes. any contradicting terms throughout the contract and or any attachments." 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims,. including those, alleging an error or omission by the. Engineer but 'excluding those arising under Paragraphs 10:3 through 10.,5, shall be referred! initially to the Engineer for decision. An - initial decision by the - Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or -litigation of all Claims between the Contractor and Owner* arising 'prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred. to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims -and within twenty-one (21) days of the receipt of the* Claim -take one .or more of the following, preliminary actions within ten (10) days of receipt of a Claim:. (1) request additional supporting data from the claimant or a:response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise,. or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, **it would be inappropriate for the 'Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The :Engineer may request the Owner to authorize retention of such persons -at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or -to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request .and shall either, provide a response on the requested supporting data, advise the Engineer when the response or. supporting 'data will be furnished, or advise. the Engineer that no supporting data will be furnished. Within twenty-one (2-1) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 : If a Claim has not been.resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's, decision will be made within' seven .(7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in, the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to :submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, thelEngineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE. 5 SUBCONTRACTORS Agreement for Construction — Rehabilitation of Goodson Bend —RFP # 19-0. Page 29 Vol. cZ `� pg, 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a. direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or: subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a -Subcontractor to perform a portion of the Work at the site.' The term "Sub— subcontractor" is referred to throughout the Contract Documents as if singular in number and means' a Sub—subcontractor or an authorized representative of the. Sub— subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or 'materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project: The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and 'must be routed. through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS - OF THE WORK 5.2.1 Unless otherwise stated in. the Contract Documents or the bidding requirements, the Contractor, within -fourteen:.(14) days after award of -the Contract, shall furnish in Writing to the Owner through the Engineer -the names. of persons or entities. (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to -the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the -Owner or Engineer to reply promptly shall .constitute notice of no reasonable objection. .5.2.2 -The Contractor shall not contract with a proposed person or entity to which the - Owner or Engineer has made reasonable and timely objection. The Contractor shall not. be required to contract with anyone to whom the Contractor has made reasonable objection. . 5.2.3. If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable -objection. The Contract Sum shall be increased or decreased by the -difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, .no increase in the Contract Sum shall be allowed for such change unless the Contractor has -acted .promptly and _responsively in submitting names as required. 5.2.4 The Contractor shall not change . a Subcontractor, person . or entity previously selected, 'if the Owner or Engineer makes reasonable objection to such; change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute 'reason for an increase in the -Contract .amount. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-0 TVol. Pa. 30 i 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 a_nd - responsibilities which the Contractor, ; by these 'Documents, assumes toward the Owner and Engineer. Each subcontractor agreement. shall. -preserve and protect the rights of the Owner and Engineer under.the Contract Documents with respect to the Work to be performed -by the.Subcontractbr 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 Pay be at variance with the Contract Documents. Subcontractors shall similarly make .copies of applicable.portions of such documents available to their respective proposed Sub—subcontractors. :..5.3.2 Contractor is fully responsible for. acts and•.omissions of Subcontractors, and persons either, directly or indirectly,., employed by them or under their control, as Contractor is for their own employees: = j 5.3.3 - Nothing: in Contract Documents creates anycontractUal relationship between -any Subcontractor -or Sub=subcontractor, or other tiers, and.'Owner or Engineer, ;except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each' subcontract agreement "for a . portion of the Work'* is assigned • by -the Contractor to the Owner provided that: i .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 I .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 i Agreement for Construqtion —Rehabilitation of Goodson Bend — RFP # Vol.a�� P9. 31 6.1 OWNER'S RIGHT -TO PERFORM'CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6A.1 'Owner reserves -the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project -or other construction of operations on the site under Conditions of the Contract identical, -or substantially. similar, to these -including those portions related to insurance and waiver of .subrogation. If ,the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in -Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on. the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate .Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor. shall participate. with other. separate --contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor,. separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the -Owner's own forces, -the- Owner--:-: - shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor underthe Conditions of the Contract,' including, without excluding others, those *stated in Article 3, this Article 6 and.Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1. The Contractor shall afford the Owner -and separate Contractors reasonable opportunity for introduction and storage of their materials and -equipm, ent. and performance of their activities and shall. connect. and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's .Work depends for proper execution or results upon construction or operations by the Owner or a. separate contractor, the Contractor shall, prior to proceeding . with that portion - of the Work, promptly report to the 'Engineer apparent discrepancies or defects in such other construction that would ,render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed -by the Contractor for costs incurred by the Owner which are. payable to a separate contractor because of delays, improperly timed; activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the .Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. Agreement for Construction — Rehabilitation of Goodson Bend — RFP 4 19-089 VOL. Pg. a� 7 age 32 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. 6.2.6 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 7.11A --Changes in the -Work may be accomplished after execution of -the Contract and without -invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and _ Engineer and may or -may not be agreed to by the Contractor and -an order for a minor change°in-the-Work maybe issued'by the Engineer alone: 7.1.3 Changes in the. Work shall be performed under -applicable provisions of the Contract Documents and the .Contractor shall proceed promptly, unless otherwise provided. in the Change Order, Construction Change Directive or order for a minor change in. the Work. 71A. -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 Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; :2 - the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract -Sum may include those listed in Subparagraph 7.3.3. 7.3 . CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and Agreement for Construction — Rehabilitation of Goodson Bend — RFP 4 19-089 ._ Page 33 Enginee signed by the Owner and r directing' 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, witho.ut*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. j 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; i .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to :be determined in.'a manner agreed upon by the parties and a mutually acceptable fixed -or percentage fee; or .4- -as provided in Subparagraph 7.3.6. 7.3..4: Upon receipt of: a Construction Change Directive; the Contractor shall promptly proceed with the ."change: in ' the Work involved and' advise the Engineer of the Contractor's agreement or disagreement with the: .method, if any, provided in the; Construction- Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. i : 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-tKem...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 :adjustm6nt in the. Contract Sum, the.method.and the adjustment shall be dete!rmined.by the Engineer -on the basis of -reasonable expenditures and savings of those performing the Work attributable to the change,. including, in case of an increase_ in the Contract Sum, a reasonable allowance for overhead and profit. In such case; and also under Clause 7.3..3.3, the Contractor shall keep..and: present, in 'such formas the Engineer may prescribe, an -itemized accounting together with appropriate supporting data. Unless otherwise: provided in the Contract Documents, costs for the purposes -of this Subparagraph 7.3:6 shall be limited to the:following:.. .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 in .2 costs • of materials, supplies and equipment-. including i 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 ofpremiums 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: ! _ it Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-08 age 34 i A. for Contractor, for any work performed -by his. own force`s, 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 fora deletion or change which results in a net decrease in the Contract Sum shall be actual net'cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value Of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. - 73.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute: for such changes in the Work shall be included in Applications -for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the -Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of .cost shall adjust the. Contract Sum on thesame basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and :Contractor agree with, the determination made by the Engineer concerning the_ adjustments in _the Contract' -Sum -and. Contract Time,. or .otherwise. reach agreement upon :the adjustments, such agreement shall be. effective immediately and shall be recorded by. preparation and execution' of an- appropriate Change Order. 7.4 MINOR CHANGES IN THE -WORK ' 7.4.1 To the extent allowed bylaw, the Engineer has authority.to.order minor changes in the Work not- involving adjustment in the. Contract- Sum or. extension -of the Contract-., Time and . not inconsistent with the .intent of. the Contract Documents. Sucl . 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 hot later than ninety (90) calendar days from .the date of commencement, subject to adjustments of the time for completion as provided in.this Agreement. 8., 1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor• of the written notice to proceed from either the Owner or the Engineer." 8.1.3 The date of Substantial completion 'is the date certified 'by the Engineer in Agreement for Construction — Rehabilitation of Goodson Bend -RFP # 19-089 Page 35 Vol.. 5C� accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 'The" term "critical path as used in the Contract Documents shall mean the project's tasks that will cause the project'end date to be delayed if they are delayed. The word "critical" does not imply how important 'a task is; a task, is critical. solely because it must -occur as scheduled for the project to'finish.on time: 8.1.6 'The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time". as used in the Contract Documents shall mean the amount of.time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in this Agreement are of .the essence of the contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or.elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. • Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall. notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests: 8.2.3 The Contractor shall proceed expeditiously with. adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate: Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures td 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 ali 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: Agreement for Construction —Rehabilitation of Goodson Bend — RFP # 19-08 . • ""� �'� age 36 1i01. Pg. �. accomplishment of activities; and put Project back on schedule: 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or.,to become due Contractor, or shall be grounds for determination by .Owner that Contractor is not prosecuting Work with such diligence as' will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8. Contractor shall bear cost of any:'services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors, Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION'OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at -any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, 'or of a separate Contractor employed .bythe Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for -in 4.3:8:2, unusual delay in deliveries,`unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify. delay, then the Contract Time shall -be extended by Change Order for such reasonable time' as the Engineer 'and --Owner may determine. .1. If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; -and .3 Time extensions will not .be allowed for `drying of materials when it is possible for the Contractor to enclose area and materials or. use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project 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 Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be . construed -'as neglect or intentional interference with Contractor's performance of the Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 1970 Page 37 Vol. ��: a Work. .. ARTICLE 9 PAYMENTS AND -COMPLETION F 9.1 CONTRACT SUM 9.1.1 The Contract Sum is ONE MILLION, SIX HUNDRED SEVENTY EIGHT THOUSAND, . ONE HUNDRED TWELVE . DOLLARS, THIRTY - THREE; CENTS ($ 1,678,11.2.33) and, subject to authorized adjustments as provided in this Agreement, 'is the total amount payable by the Owner to the Contractor for performance of;the Work. 9.2 SCHEDULE OF VALUES 9:2.1 Unless otherwise provided in. the Contract documents, before -the first application, for Payment, the. Contractor shall .submit to the Engineer a schedule of values;!allocated . to various portions of -the Work prepared in such form and supported by.such data to . substantiate its. accuracy as the: Engineer may require. This. schedule,..unless objected to by the�Engineer, shall be used as a basisJor reviewing the Contractor's Applications for -Payriment. .'9:2.2 *The Engineer will provide to the Contractor a list of the portions or sections of' work for which he wishes to have separate values,,included'arld those items for which -he will require. material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT. 9.3.1.Unless otherwise provided in the -Contract Documents; at:least twenty;(20) days before the. date: established for' -each progress -payment, the Contractor shall ,submit: to the Engineer an itemized Application for Payment for operations completed in accordance.. with the, ..schedule .- of values. Such application shall ' be notarized and supported .by such data substantiating the contractor's. -right to payment including the most current Contractors 'Construction Schedule and/or copies of requisitions from -Subcontractors and material providers as: -the Owner or. Engineer. may require,, and reflecting retainage if provided -for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason-. E 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,,L:payment may similarly be made for materials and equipment suitably stored- off thei 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 Agreement for Construction — Rehabilitation of Goodson Bend —.RFP # 19-019' i Page 38 vol. Pg, i -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 an'd clear of diens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers. or other persons or entities making a claim: by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit -his Application for Payment, amounting to 95.% of the cost of the work performed and' 95% of ' the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9:4 CERTIFICATES -FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after- receipt of the Contractor's Application for Payment and thea Engineer's site visit, either, issue to the Owner a Certificate. for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The. issuance of a Certificate for Payment -will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, -that the Work has progressed toy the point indicated and that, to the best of the Engineer's knowledge-, information and belief, the observed aesthetic quality of the Work is in accordance -with the'Contract.Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent -tests =and. inspections,- -to minor deviations from the .Contract Documents _ correctable prior to completion and to specific qualifications -expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that.the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction- means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and . material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS.TO WITHHOLD -CERTIFICATION. 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner 'if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is -able to make such representations to the- Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previouslyissued,' to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 age 39 . Vol. O / ft®'qJ .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 theunpaid 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 iri,-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.perPormed, or. ..1.0 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are' removed; certification will be made for amounts previously withheld.' 9.6 PROGRESS PAYMENTS 9.6.1 After: the Engineer has issued a Certificate for Payment, the. Owner shall 'make payment in the manner and within the time provided in the Contract Documents, and - shall so notify the Engineer. 9:6.1.1, Owner Will make partial payments to Contractor within thirty (30) days after. receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold. payment' to Contractor notwithstanding Engineer's certification, if it is necessary, in. Owner's opinion, to-do so.to protect Owner from loss due to any of the.reasons..set forth in Subparagraphs 9.5. 1.1 1hrough 9..5.1.10,.�inclusive. 9.6.2 The Contractor shall oav each Sub -contractor anv.due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, -require each Subcontractor to.- r 'make payments to Sub—subcontractors in similar manner. 9.6.3- The .Engineer will, on request; furnish to a. Sub -contractor, if practicable, information regarding percentages' of completion -or amounts applied for by the Contractor and action taken thereon, by the Engineer on account of.portions ofthe Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor: that the Contractor, has properly paid'.Subcontractors and material and. equipment' suppliers amounts paid by the Owner. to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven :(7) days, the Owner shall have the' right to.' contact Subcontractors -to ascertain whether they have been properly paid. Neither the Owner nor. Engineer -shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise -be required by law. Agreement for Construction— Rehabilitation of Goodson Bend — RFP # 19-0.49" Page 40 Vol. ro g;. 9.6.6 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 Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the,. Contractor's Application for Payment,'or if.the Owner does not pay the contractor within seven (7) days after the date established in the -.Contact Documents the amount certified by the Engineer, then the Contractor may, -upon seven (7) additional days' written notice to the Owner or.Engineer, stop the Work until payment of the amount owinghas been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize_ the Work for its intended use. 9.8.2 ' Unless otherwise provided in the Contract Documents, when the Contractor considers that the. Work, or. a portion thereof, which the Owner -agrees- to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request, for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not. alter the responsibility of the.Contractor to complete all -Work in-�accordance with the Contract Documents: Upon approval of Substantial Completion by Brazos County, Contractor has thirty. (30) days to reach Final Completion of the .Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 .herein. " 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer'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 Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by' the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a ,Certificate Agreement for Constmction — Rehabilitation of Goodson Bend — RFP # 19-0Sage 41 1vol.c2G2.— P9, ou% I of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within,which the contractor: shall. finish all items on -the list accompanying the Certificate. Warranties: required by the Contract Documents shall commence on the *'date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion_shall be submitted to the Owner and Contractor for their.written acceptance or responsibilities assigned to them in such Certificate. . 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 'Upon such acceptance and consent of surety, if any, the Owner shall make . payment -of retainage applying to such. Work or designated portion. thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY, OR USE 9.9.1 The. Owner may occupy; or use, :any completed or partially' completed portion of the Work -at any stage when such' portion is designated by separate agreement with the' Contractor, provided such occupancy or..use is consented to by the insurer as required under Subparagraph.. 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or. use, may commence whether or -not the portion is substantially complete provided that the -Owner and Contractor have -accepted . in writing theresponsibilities assigned to each of them -for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance; and have - agreed.in writing concerning the period for correction of the Work and commencement of warranties required by the. Contract Documents. When the Contractor considers a portion substantially complete, or the Owner 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 Engineer as provided'under'Subpardgraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld: The stage of the progress of the Work shall be -determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; -the Contractor. shall inspect the - Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application Agreement for Construction—Rehabilitation of Goodson Bend— RFP # 19-089P ge 42 fol. Oa Pg. for Payment, the Engineer and. Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the, Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the :best of the Engineer's :knowledge, information and belief, 'and on the basis of the Engineer's_:and Owner's on-site visits and inspections, the Work has been sufficiently :completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed. in Subparagraph 9.10.2 as precedent to. the Contractor's being .'entitled to final. payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days -.after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents; neither final payment nor any'remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected 'with the Work for: which the Owner or the Owner's property might:be-responsible or encumbered (less amounts withheld by Owner) have been -paid or otherwise satisfied.; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently -in effect and will not be canceled.'or allowed- to expire until at least thirty (30) days' prior written notice has been given -to--the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover -the period required by the Contract Documents; (4) consent of surety, if any,. to final payment, _and (5) if required by the Owner,- other -data establishing payment or satisfaction of obligations, such as receipts,_- re_ leases- 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 Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the* Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. 'If the remaining, balance for Work, not fully completed or corrected is less than retainage stipulatedin the Contract Documents and if bonds - have been furnished the written _ consent of surety to payment of the balance due for -that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be -made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. Agreement for Construction — Rehabilitation of Goodson Bend —RFP # 19-0 9 Page 43 Vol. a$2 Pg.. 9.10AThe making of final payment shall constitute a waiver of Claims by the Owner. except those arising from: .1 liens, Claims, .security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required b'be 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 —INTENTIONALLY DELETED ARTICLE 10 PROTECTION OF PERSONS AND.PROPERTY '10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor: shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs -in connection with the performance of the Contract:. This requirement applies continuously and is not .limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor. shall at all times conduct all operations under .this Agreement in a manner to avoid the risk'of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include.but not limited to.the Owner and Engineer and -their -consultants and. employees; . .2 the Work -and. materials and equipmentto 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. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-08age 44 Vol. � � P�. �a�� i 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, iwrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall. exercise.utmost care and carry on such activities under supervision of properly qualified 'personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all.damages, claims, and for the defense of all actions.against Owner and Engineer; and their consultants and employees resulting from the prosecution of such -work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2:5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under -property insurance required by the Contract Documents) to property referred to in Paragraphs. 10.2.1.2 and 10.2.1.3 caused in whole -or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or. anyone directly or indirectly employed, by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner -or Engineer or anyone directly or indirectly employed by. either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 . The Contractor shall designate a - responsible, properly trained and qualified member or'members of the Contractor's organization at.the site whose duties shall be the- prevention- of accidents, damage. to property and to- supervise. -.and train - personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. - This person shall be the Contractor's superintendent unless otherwise designated .by the Contractor in writing -to the Owner and Engineer. 10.2..7 The. Contractor .shall not permit any part of the construction or site, including new construction or existing -facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at 'least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements .in proximity to site of the Work, 'agencies; authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gaspipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to ,see that their property .is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims,. and. defense of all actions against Owner -and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.' 2.9 All parts of Work shall be braced to resist wind or other loads. 'Contractor shall perform Workwith the explicit understanding that the design of the Project is based Agreement for Construction — Rehabilitation of Goodson Bend — RFP 4 19-0 Page 45 vol. 52 a l „ pg: 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. Temporaryitems such as, but not limited to: scaffolding, staging i,lifting and hoisting devices, shoeing, excavation', barricades, and safety and - construction procedures necessary in completion' of Project sh-all be the responsibility. of the Contractor and its Subcontractors and shall comply with :all applicable codes and regulations. It -shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety ' and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets :(MSDS) at the Project site. The Contractor'shall ensure that all MSDS':are compiled in a -single location at the Project site, and are available to the regulating- agencies.. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. .10.2.12 The Contractor shall :be responsible for any fines, penalties or charges by any regulatory body by reason.of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA.fines incurred -by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify. Owner's and _Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the' Project - and the precautions they should take. 10.2.14 - The Contractor shall -provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and -health risks during the performance of their services during the construction -of the Project. 10.2.15 The Engineer's review of Contractor's performance. does not include review of adequacy of: Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable. bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site. by the Contractor, the Contractor shall, upon recognizing the condition, immediately" stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Engineer. 10.3.1.1. . The -term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the'cleaning of finished building materials. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-0.8 0 Vage 46 vol. a Pg. 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 shalt furnish in writing to the Contractor the names and qualifications of persons.'or entities who are to perform tests verifying the presence or absence of such material or substance or who -are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or -not either has reasonable objection to the persons or entities -proposed by the Owner.. If the Contractor has an .objection to a person or entity proposed by the Owner, the Owner shall propose another to whomr the Contractor has no reasonable objection. When the. material or substance has been rendered, harmless, Work in the affected area shall. resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be_extended appropriately and the Contract Sum shall be increased in the:amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineen, Engineer's consultants and agents and employees of any of them from :and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out.of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk.of bodily injury or death -as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness,.disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that'such damage, loss or expense is to the fault or negligence of the party seeking indemnity: 10.3.4 The Engineer and Engineer's consultants and employees shall . have no responsibility for the discovery, presence, -handling; removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in:any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under -Paragraph. 10.3 for hazardous- materials and substances brought to the Project site by the Contractor unless - such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any'hazardous material' or -substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by 'a government agency for'the_cost of remediation of a hazardous material or substance solely by reason of performing Work as''required'.by the. Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby, incurred. 10.4 EMERGENCIES 10.4A 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. claimedby the Contractor on account of an. emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in. writing. to Owner and Engineer all accidents Agreement for Construction — Rehabilitation of Goodson Bend —'RFP # 19-089. Page 47 arising out of, or in connection with, the performance of the Work,,whether,on or off the site, which .caused death, personal. injury or property. damage, giving full -details and statements of any witnesses. In addition, if: death, serious personal injuries' or serious property damages are caused, the accident -shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 . INSURANCE AND BONDS. 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1. The Contractor shall purchase from and .maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect 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. Agreement for Construction— Rehabilitation of Goodson Bend —'RFP # 19-089 Page 48 Vol. F2 09 Pg. a .10 If General Liability coverages are provided by a Commercial ,General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or.applicable- extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen. harbor work, Work at or outside U.S. Boundaries): _Statutory: Not_Applicable (c) Maritime: Not Applicable (d) Employer's Liability:$ 500,000 each accident $ 600,000. disease, policy limit $ 500,000 disease, each employee (e), -Benefits required by -union labor contracts: - As. -Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): _ (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089. Page 49 Vol. S Pg. $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than .$ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) °,Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each _accident _ (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile -insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 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. Agreement for Construction — Rehabilitation of Goodson Bend — RFP t# 19-089 Page 50 Vol� F9 Pg a(P3- 11.2.1.1 Contractor' shall purchase and maintain insurance covering Owners.. contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $ 1,000,000 each occurrence $ -1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence s..1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance:written on a builder's risk "all-risk" or equivalent policy form -in the'amount of. the initial. Contract Sum, plus Engineer fees, plus value of subsequent - Contract modifications and cost of materials supplied or installed by -others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. . Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such -insurance, until final payment has been made as -.provided in 'Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors. in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names, of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract -sum for the Work. If Owner is damaged by. failure of Contractor to maintain such -insurance, then - Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an. "all-risk" or equivalent policy form and shall include, without limitation, insurance against. the perils of fire (with'' extended coverage) and physical loss or damage including, -without duplication -of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm; falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal' requirements and .shall cover reasonable compensation for Engineer'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 Agreement for Construction— Rehab ilitationofGoodson Bond —RFP#19-089�. Pa e51 Vol. P 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.' 11.4A 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'UWork is to be commenced prior thereto in'response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to.Owner_that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Confractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed -of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and. (4) any other - information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion - of the Work is covered contrary to the Engineer's, - Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, -be uncovered for the Engineer's, Owner's or governing, .authority's examination and be replaced at the Contractor's expense without change in the 'Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing .authority. has not specifically requested to. 'examine prior to its being covered, the Engineer; Owner or governing authority may request to. see such Work and it shall be uncovered by the Contractor.'" If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order,_ be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition'was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2. CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION Agreement for Construction —Rehabilitation of Goodson Bend — RFP # 19-089 ge 52 voi. t2l:21. Pg: 7 12.2.1.1 The Contractor shall promptly- correct Work. rejected by thejEngineer, Owner or governingauthority or failing to conform to the requirements of the Contract -Documents, whether observed before, or after, Substantial -Completion and whether or, not fabricated, installed or completed. The -Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2:2.1 In addition to the -Contractor's obligation under Paragraph 3.5,' -if, within one (1) year after the date of :Substantial Completion of the Work, or designated portion. thereof, or after 'the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required . by the Contract Document, any of the . Work is found to be. not . in accordance .with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended -with respect to portions of Work -first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work., This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract -and termination of the Contract.. The Owner shall give such notice promptly after discovery of the condition. 1.2.2.2.2 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 ork: 12.2.2.3 The one (1) year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12:2.2.4 --Upon request of -Owner and prior to expiration.of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to -review- facility operations and performance. 12.2.3 The _Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are .neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The - Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by -the Contractor's correction or removal of Work which: is not in - accordance with the requirements of the'Contract Documents. - 12.2.5. Nothing -contained in this Paragraph. 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the 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 liabiiitywith respect to the Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089. ge 53 voi. pal• Contract'or'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 alldirect, indirect and consequential costs. attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work: (such costs to include but not :limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not.final payment has'been made. If any such- acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease. in the. Contract Sum.. If the acceptance occurs - after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. 13.2-: SUCCESSORS AND ASSIGNS- . 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and, legal representatives to the other -party hereto and to partners, successors, assigns and legal representatives' of such other party ' in respect to covenants, agreements and obligations contained in the Contract Documents. -Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all- obligations underthe 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 Engineer. In- case Contractor assigns all orany 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 Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 C% P ge 54 Vol. pg. pg. . mail or by courier service providing proof of delivery"to the last business address known to the party giving notice. A RIGHTS AND REMEDIES - 13.4.1 Duties. and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not' a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right'or duty afforded them under the Contract, nor shall such action or failure to act constitute�approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the_. Work required by the Contract Documents or by Paws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall . make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, . - inspections and approvals. The. Contractor shall give the testing agency, Project inspector'(if any), 'public-authorities'and (if requested), Engineer timely notice of when and where tests and.. inspections are .to be made so ' that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, -Owner,- Project inspector (if any),. or public authorities:. having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will,. upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an, entity acceptable to the.Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested),.Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. . 13.5.3 If.procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws,' statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and 'compensation for the Engineer's services and expenses shall be at the Contractor's expense. 1.3.5.4 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 Engineer and Project inspector (if any). 1.3.5.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-08 age 55 Vol. Pg. 5 .2 f 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 due7and 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 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 applicantfor 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: r employment, upgrading, demotion otransfer; 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. Agreement for Construction—Rehabilitation of Goodson Bend —RFP # 19-089 Pge 56 Vol. 4 2 Pg. 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 Engineer has not issued a Certificate. for Payment and has not notified the Contractor of the reason' for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within. the time stated in the Contract Documents; -or. .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of, days scheduled for completion, or -one hundred twenty (120) days ,in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the -above reasons exists, the. Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract* and recover from the Owner payment ,for Work executed and for proven loss with. respect to materials, equipment, tools and construction .equipment and machinery, including reasonable overhead, profit and damages. 14.1..3 If the Work is stopped. for a period of sixty (60) days through no actor 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 Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 .persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; Agreemcnt for Construction—Rehabilitation of Goodson Bend —RFP # 19-089 Vol. O pg P ge 57 .2 fails to make prompt payment to Subcontractors for materials or Iabor in accordance with the respective agreement betweeri the Contractor, and the Subcontractors; .3 persistently disregards. laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents.' 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the -Owner may, without prejudice to any other .rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7).days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take- possession of the site and of :all materials,. equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the -Owner, .terminates the Contract for one .of the ' reasons - stated in Subparagraph .14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4. If the unpaid ,balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess- -shall-be_paid: to, the Contractor.: If such costs exceed the- unpaid balance,. the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt. the Work in whole or in part for such period of time as the Owner may determine. - .- . - - 14.3.2 The Contract Sum and Contract Time shall be adjusted for -increases' in the -cost and time caused by suspension, _delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract.Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor' is responsible; or ..2 that an equitable adjustment is made or denied under another provision of 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; Agreement for Construction — Rehabilitation of Goodson Bend — RFP N 19-08 Page 58 Vol4 P', E1 •• li .2 take actions necessary, or that the Owner may direct,for the protection and preservation of the Work; and. .3 except for Work directed to be performed prior to the. -effective date of - termination stated •in the notice, terminate all -existing subcontracts and purchase orders -and enter into no further subcontracts and ;purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed -and costs incurred by reason of such '- termination, along with reasonable overhead -and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 - Engineer, the Owner, and their authorized•representatives, shall have access at all times to the work'for inspection wherever it is in.•preparation or progress and the Contractor shall provide proper facilities for such access and inspection. - ARTICLE 16 STANDARDS - 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall .comply .with the. requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or'grade, or modified in such reference. 16.2' The. Standards referred to, except as modified in the Specifications, shall have full .force and effect'as though printed• in the Specifications. These Standards• are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements.. The Engineer will. furnish, upon request, information as to how copies of the. standards referred to maybe obtained. 16.3 , It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where- definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison- of quality, application, physical conformity and other characteristics. • It is not the intention to discriminate. against, or prevent, any dealer, jobber or -manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed 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 Agreement for Construction — Rehabilitation of Goodson Bend —.RFP # 19-089 59 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 , 2019, meeting. This Agreement is entered -into in as of the day and year first written above and is executed in at least three (3) original copies, of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: KNIFE RIVER, INC. el— KnifPRiver 1IT J2- , '" 0-1/6, ri 3/15I1.9 Date: / Agreement for Construction – Rehabilitation of Goodson Bend – RFP # 19-08 Page 60 V01 Pg. ATTACHMENT "A" REHABILITATION OF GOODSON BEND PHASE II REQUEST FOR PROPOSAL 19-089 It Agreement for Construction — Rehabilitation of Goodson Bend — RFP # 19-089 Page 61 Item Coversheet Page 1 of 1 M BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2019 - Right of Way Road and Bridge NUMBER: Acquisition - Dorcas and Warren Hohertz - Jack Manning Road - 0.23 acre DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: 3/5/2019 Acceptance of Special Warranty Deed from Warren W. Hohertz and Dorcas J. Hohertz for 0.23 of one acre of land to be used for a bridge installation on Jack Manning Road located in Precinct 2. Commissioners Court Darrell Kolwes 02/25/2019 False False $0.00 File Name Description Type Right of Way Acquisition - Right of Way Acquisition - Dorcas and Warren Hohertz - Jack Manning Road - 0.23 acre.odf Dorcas and Warren Hohertz - Backup Material Jack Manning Road - 0.23 acre APP S Duane Peters Date County Judge vol. aM Pg. aT7 htt.n.q://hra7.os.novusagenda.corn/AgendaWeh/CoverSheet.asnx?TtemTD=1$658 2/28/2019 NOTICE. OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Jack Manning Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY -THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): WARREN W. HOHERTZ and DORCAS J. HOHERTZ Grantor's Mailing Address: - 16251 Jack. Manning Rd. - - Hearne, Texas 77859-9259 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 20h Street - Bryan, Texas 77803 Consideration: Ten and No/i 00 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.23 of'one acre situated in the W. J. LEWIS SURVEY, A-153, Brazos County Texas, and .being a part of that certain Called 60 acre tract as described as a 40.00 acre -tract in `Tract 1 and a 20.00 acre tract in Tract 2 in deed from Brenda Annette Taylor to Warren W. Ho -hertz and Dorcas J. Hohertz of record in Volume 3155, Page 255 of the Official Records of Brazos County, Texas, said 0.23 of one acre tract being more particularly described by metes and bounds as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Page 1 of 3 ' Vol. 40 Reservations from and Exceptions to Conveyance and Warranty; There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs,, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property, provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or ,marketing the same there from. This reservation and exception shall, however; include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that -the same may still be in force and effect, shown of record in the office of the County. Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to. Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this day of _ �,-,b1 a 2019. I . arren W. Hohertz Dorcas J. Hohertz Page 2 of 3 Acknowledgment STATE OF TEXAS § COUNTY This instrument was acknowledged before me on —vZ5 ' Ic! by Warren W. Hohertz and Dorcas J. Hohertz. 9ER] 41iresNotary Public,' State of Texas Page 3 of 3 Pg. I722 Broadmoor Ste. 105 CTRONG Bryan, Texas 77802 4 OURVEYIN -p Phone: (979) 776-9836 G, LLC. Fax:. (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com U EXHIBIT "A" SHEET 1 OF 2 BRAZOS COUNTY JACK MANNING ROAD 0.23 OF ONE ACRE RIGHT-OF-WAY IMPROVEMENTS OUT OF THE WARREN W. HOHERTZ & DORCAS J. HOHERTZ CALLED 60 ACRES VOLUME 3135, PAGE 255 W. J. LEWIS SURVEY, A —153 BRAZOS COUNTY, TEXAS MAY 4, 2018 All that certain lot, tract or parcel of land being .0.23 of one acre situated in the W. J. LEWIS SURVEY, Abstract No. 153, Brazos County, Texas and being a part of that certain Called 60 acre tract described as a 40.00 acre tract in Tract 1 and a 20.00 acre tract ,in Tract 2in deed from Brenda Annette Taylor to Warren W. Hohettz and Dorcas J. Hohertz of record in Volume 3155, Page 255, Official Records of Brazos County, Texas, said 0.23 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 7" Wood Pence Post found in the Occupied northwest right-of-way line of Jack Manning .Road (Possible Prescriptive R.O.W. — No Deed Found), for the most northerly comer, a 1/2" Iron Rod found for Reference in the northeast line of said Called 20.00 acre tract bears N 48 " 41 '26 " E a distance of 80.56 feet, a point in the centerline of said Jack Manning Road found for the Occupied most easterly comer of said Called 20. 00 acre tract bears N 65 50 ' 40 " E a distance of 87.68 feet; THENCE with the Occupied northwest right-of-way line of said Jack Manning Road generally along an existing fence line the following calls: S 40 " 33 ' 56 " W, a distance of 48.04 feet to a point in fence for angle point; S 41 " 33'50 " W, a distance of 139.09 feet to a point in fence for angle point; S 41 " 38'16 " W, a distance of 66.21 feet to a point in fence for angle point; 8.41 " 40'26 "W, a distance of 50.31 feet to a point in fence for angle point; and, S 41 " 57'02 " W, a distance of 170.97 feet to a 112" Iron Rod with Cap set for the most southerly comer, a 1" Axle found for an interior comer of said Called 40.00 acre tract bears N 59 " 03' 39 " W a distance of 176.1.69 feet; THENCE N 29 ° 00 '18 " E, a distance of 144.95 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 42 '24'53 " E, -a. distance of 150.00 feet to a 1/2" iron Rod with Cap set for angle point; THENCE N 50 " 48'11 " E, a distance of 185.55 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.23 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground on May 2018 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 496.1 and.working under Firm No. 10093500. North. A-1. mv.,_t0i d on rotating the northwest line of said 100.24 acre tract to Grid North NAD83 (COeCentral Zone. For other information.see accompanying plat. • NOTES: North Orientation is, based on rotating the southeast line of 40 and 20 Acre Tract to Grid North NAD83 (CORS 20111 ,z epoch 2010.00, State Plane Central • Zone. o All easements and/or utilities may • w not be shown. -an this plat. A 1/2' Iron Rod set at all New R.O.W. Corners. H Warren W L5 S 42.24'47' W X X X . X ---� L7 1, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify the[ this plat represents the results of an on the ground survey performed under my supervision during May, 2018, and is true and correct to the best of my knowledge. Hohertz 6 Dorcas J. Hohertz Called 20 Ac. 3135/255 i LINE CO BEARING LI 48.04' S 40.33'56" W L2 139.09' - 'o' o a in 66.21' S 41'38'16' W L4 Y cV a" a" —N `J ` V' N N 29.00'18' E �La c N 42.24'53' E 0 . �� J _e J O uo Z •'. � L6 x L5 S 42.24'47' W X X X . X ---� L7 1, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify the[ this plat represents the results of an on the ground survey performed under my supervision during May, 2018, and is true and correct to the best of my knowledge. Hohertz 6 Dorcas J. Hohertz Called 20 Ac. 3135/255 i LINE DISTANCE BEARING LI 48.04' S 40.33'56" W L2 139.09' S 41.33'50' W L3 66.21' S 41'38'16' W L4 50.31' S 41.40.26' W 1-5 170.97' S 41.57'02' W L6 144.95' N 29.00'18' E L7 150:00' N 42.24'53' E L8 185.55' N 50.48'11' E N 48'41'26' E - 60.56' to a 1/2' I.R. Fnd. for Reference in NE. Line OILCalled 20 Ac. 0.23 Ac. L3 t.2 -- LI JACK MANNING ROAD X X X X• x k' N 65,•50'40' E - 87.68' to point in q. Road for Occupied East Corner 20 Ac. BESSIE ANN McDONALD LYS E X H I B IT" A'° Colied 10 BRAZOS COUNTY 281/577 {2ndnd Tract) JACK MANNING ROAD 033 OF ONE ACRE RIGHT-OF-WAY IMPROVEMENTS OUT OF THE WARREN W. HOHERTZ & DORCAS J. HOHERTZ CALLED 60 ACRES VOLUME 3155, PAGE 255 W I LEWIS SURVEY, A - 153 BRAZOS COUNTY, TEXAS SCAM T' =100' MAY 4, 2018 SHEET 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Jack Manning Road Project: R2-132 W.O. No:: 33436 Precinct: 2 I (we) the undersigned owner(s), accept payment of$11,000.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.23 of one acre of properjy Iocated on the above mentioned project. / Warren W. Hohertz Dorcas J. Hohertz ' ' 9 Date: - �" SDate: z -z-r_ Zo /q Item Coversheet DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name batchinl 12406.pdf BRAZOS COUNTY BRYAN,TEXAS NUMBER: 3/5/2019 Expenditure Journal Entries • FY18119 020099 - 020102 Commissioners Court 02/28/2019 False False $0.00 Description Exp JEs Page 1 of 1 Tvpe Backup Material APPR l) - U3 s� Duane Peters Date County Judge M hang://hrazes.novusagenda.com/Agen-daWeb/CoverSheet.ast)x?ItemlD=18677 2/28/2019 SUNGARD PENTAMATION DATE: 02/28/2019 BRAZOS COUNTY, TX TIME: 11:49:26 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 03 -05 -CC 020099 A G SUKAM HT 2.10.15 5/19 COMPLETE 366208 9700 551100 69100100 55111900 69100100 A G SUKAM HT 2.10.15 366209 9700 9700 20116820 A G SUKAM HT 2.10.15 TOTAL JOURNAL ENTRY 03 -05 -CC 020100 A LEGGETT SM 2.13-15 5/19 COMPLETE 366210 0100 0100 20119580 A LEGGETT SM 2.13-15 366211 0100 10000100 61801000 A LEGGETT SM 2.13-15 TOTAL JOURNAL ENTRY 03 -05 -CC 020101 EXPO INCENTIVE REWAR 5/19 COMPLETE 366212 1100 11002500 71530000 INCEN REWD-SETH BROE 366213 1100 1100 11005200 EXPO INCENTIVE REWAR 366214 0100 0100 11005200 EXPO INCENTIVE REWAR 366215 0100 0100 41011000 INCEN REWD-SETH BROE TOTAL JOURNAL ENTRY 03 -05 -CC 020102 M ANDERSON SM 2.13-1 5/19 COMPLETE 366216 0100 0100 20114560 M ANDERSON SM 2.13-1 366217 0100 10000100 61801000 M ANDERSON SM 2.13-1 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT DEBIT AMOUNT 502.60 502.60 288.00 288.00 500.00 500.00 1,000.00 288.00 288.00 2,078.60 2,078.60 PAGE NUMBER: 1 BJOURNII CREDIT AMOUNT 502.60 502.60 288.00 288.00 500.00 500.00 1,000.00 288.00 288.00 2,078.60 2,078.60 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 23.1— 23.6 On this the 5th day of March 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 5th day of March 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 5th day of March 2019. THE COMNHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and. Attached to the original budget Vol. ag Pg. a$� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.18119 - 23.1 atst�m a FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease JP Technology Fund JP Technology Fund Contractual Services 8,933.79 JP Technology Fund JP Technology Fund Departmental Support 4.878.79 JP Technology Fund I JP Technology Fund Professional Services 4.060.00 71025000 CR Contract Services 8,938.79 2400 24005000 60500000 DR Equipment & IT Enhancement 4,878.79 2400 24005000 72590000 DR Professional Fees - Other 4,060.00 JP Technology Fund Reallocation of funds to the appropriate account to cover the cost of the audiolvideo refresh for the SHU-A Multipurpose Magistration Room located at the Jail for the JP Courts to hold bta 'stration. x bf T iF 3 � 7 �3 eP?rtme ro�val „zusLr' .Date s "e [CouhCy� Judge For Accanntiiif-,P.iii as&0 it wavow4g=�. .."s�.�a�s`J 3��_ .: ,:_ �t.`�°�. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 2400 24005000 71025000 CR Contract Services 8,938.79 2400 24005000 60500000 DR Equipment & IT Enhancement 4,878.79 2400 24005000 72590000 DR Professional Fees - Other 4,060.00 voi. Pg. a%7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18/19 - 23.2 Wenn4 n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Repairs & Maint. 34.792.00 General Fund Sheriff Administration Jail Repairs & Maint. 34.792.00 Commissioners' Court and Sheriff Administration - Jail Reallocation of funds to the appropriate account to replace gutters at the Jail. Innp.- olar; 2/27/2019; DeP?I ent,,Ap royal <.. i ... tj��'t,.�Date ...? ..* ` r'-�- 2 t ] f ,IFOAccouknb ,Enr oses,Onl Q �, ,b. �r ._4`�.� ��S��r.rc�r>'v"� „r ,. � �h-"��'rr,� _�z.�, ids �x > .v_t. .a .. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 65052000 CR Carpentry & Building Repair 34,792.00 0100 28002000 65052000 DR Carpentry & Building Repair 34,792.00 Vol.• �� , BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 23.3 .,,C,gA4 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -De artmental Repairs & Maint 50,984.00 General Fund Information Technolo Repairs & Maim 50,984.00 Commissioners' Court and Information Technology Reallocation of funds to die appropriate account to repaint the Information Technology building. 3r'r- �5��.i ;,Cbun , u 9e_;._PPr0v_a7i7,l,_w For xM@diitiu I!ti` C)nh`_ ,� . sem , 53 t ,'. es 9 3 _ ` - ' F % axe "° FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 65052000 CR Carpentry & Building Repair 50,984.00 0100 14000100 '65052000 DR Carpentry & Building Repair 50.984.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 23.4 Q/S/gni o FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Information Teohnolo y 1. T. Services Repairs & Maint. 1.270.41 General Fund Information Technology 1. T. Services 1vhnor Acquisitions 1.270.41 Information Technology Reallocation of funds to the appropriate account to purchase replacement Network APC UPS. .f .: aji{yy. .' �' ,bra S_< _;q F,%l,r+ • , sp Vol.•. vw FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 14000200 65440000 CR Network Maintenance 1,)70.41 0100 14000200 67205000 DR Network Cost 1.270.41 • , sp Vol.•. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119.23.5 3/5120'19 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Other Revenue 5.552.98 General Fund Constable Pct_ #3 Departmental Support 3,330.00 General Fund Constable Pct #3 Minor Acquisitions 2.222.98 Constable Pet, #3 To recognize the following donated property for the Constable Pct. #3 K9 Unit that was approved on February 26, 2019, during Commissioners' Court. Donated funds are to be used for the following: Canine Premier System Pager Unit - $330, two leather leads, three collars, water bowl, food bowl, plastic crate and dog house - S300, Selina Premier Canine System - S500, Setina Premier Canine System - S300. Setina K9 Transports Unit for Patrol Unit - $1.300, one yearsworth ofdog food - $600, concrete slab for K9 housing - $1.500 and a wire kennel - $722.98. Ccuntiidge Approttai ,t, -y r:-..,.� �ti w+..sc,.:::. i'•1i'R$�N. L� �f"3 % -.SY `l. f ^u ,yip,{" Y>y'kms FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 46023000 CR Donations -Other 5,552.98 0100 30301100 60010000 DR Donated Property - No Tag 630.00 0100 30301100 61235000 DR Donations -Other 2,700.00 0100 30301100 67010000 DR Donated MinorProe 2.22,98 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 18119 - 23.6 3/5/2019 FUND DEPARTMENT ' DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund District Attorney. Departmental Support 679.00 General Fund DistrictAttome Minor Ac uisidons 679.00 Constable Pet. 03 Reallocation of funds to the appropriate account to purchase a printer for the Intake Division. ,RF f » 7 s n DepartmerittApPfO tt Date ,;s''`�t=ft Vol.0 , '• FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 19000100 61210000 CR Court Cost 679.00 0100 19000100 67670000 DR Printers 679.00 Vol.0 , '• I r PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 05, 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 Facilities Services Ramirez, Reuben Employment District Attorney Dark, Rebecca Norsworthy, Jessica Separation Change of Status Juvenile Services — Admin. Price, Delbert Employment Risk Management Sauseda, Monica _ Change of Status Road & Bridge Sanchez, LeRoy Separation Approved in Commissioners' Court: March 05. 2019 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. ao Pg.' a 1