HomeMy WebLinkAbout2019-03-26 10:00AM REGULAR MEETING4'
BRAZOS COUNTY
BRYAN, T EXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON MARCH 26, 2019 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY
ADMINISTRATION BUILDING, 200 S. TEXAS AVE., SUITE 106,
BRYAN, TEXAS
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Cauley
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-22:
3. Acceptance of a VISA gift card donation to the Juvenile Department in the amount of
$100 from Attorney Ray Thomas. The gift card will be used to purchase food items for
youth taking field trips during the upcoming summer months.
4. Request for approval from jail administrator of rescheduled date of April 13 for inmate
work crew to work the Wixon Valley Gumbo Cook -Off due to weather
conditions prohibiting the original date of March 2, 2019.
5. Request approval of the non-profit organization application for Brazos County inmate
work crew labor with Wreaths Across America to level veterans' gravestones in the
Bryan City Cemeteries. Work will be ongoing and prior to National Wreaths Across
America Day on December 14, 2019.
6. Request from Bruce Erratt for an exception to the Travel Policy regarding the maximum
hotel rate of $145 in Austin, Texas. He will be attending the Labor and Employment Law
Conference on May 8-10, 2019. The host hotel is sold out. The rate per night is
$224.10 plus tax on reservation made at a different hotel near the conference center.
7. Approval of the following Job Description:
• Tech Temporary 1040. hrs. (Class Code 2668) for Road & Bridge
Vol.ago Pg. I ��
8. Request from'Fleet Services that Constable Pct. 2 Unit 708 be retired during this
FY19, due to amount of repairs necessary to keep unit in service.
9. Approval of Order exempting the Professional Services contract with Dr. Roy Luepntiz
from competitive solicitation pursuant to the Texas Local Government Code 262.024 (a)
(4)
10. Approval of deductive change order for contract #18-143 on Creek Bank Stabilization on
Leonard Road in the amount of $44,015.00 to remove the contingency that was not
used. Original amount of contingency was $150,000.00 and only $105,985.00 was
used.
11. Award of RFP # 19-096 for Rehabilitation of Arrington Road. Recommended award:
Larry Young Paving,. Inc.
12. Approval of Professional Services Contract # 19-122 for Psychological Evaluations of
Applicants with Dr. Roy Luepnitz
13. Approval of Agreement #19-124 with Procore Technologies for Project Management
Software.
14. Renewal of contract #19-126R for Mail Services with I nteg
15. Renewal of contract # 19-132R for Hot Mix Asphalt.
Recommend Renewal: Knife River: Items: 2, 4, 6, 7, 8, 10, 12, 14
Lary Young Paving: Items 1, 31 5, 9, 11
Line item 13 is for the City of College Station
16. Approval of the 2019 Wine & Roses Half Marathon and 5K Event scheduled for April
14, 2019 which will require roadway and lane closures on Old Reliance Road, Carrabba
Road and Wallis Road. Area Wide Protective will provide traffic control assistance
during this event. Site is located in Precinct 2.
17. Consider and take action on the Wickson Creek Special Utility District utility permit to
construct a road bore for a 1 inch water line crossing under Wilcox Lane 1,500 feet
northeast of FM 974. Site is located in Precinct 2.
18. Expenditure Journal Entries
• FY 18/19 030065-030070
19. Request tax refund of penalty and interest due to U.S. mail from the following:
• a. Douglas H. Kessler
• b. Caitlin Adney
20. Budget Amendments..
Budget Amendment FY 18/19
21. Personnel Change of Status.
Personnel Action Forms
22. Payment of Claims.
23. Acknowledgement of the following. certificates of course completion for Commissioner
Irma Cauley.
• a. Open Meetings Act
• b. Public Information Act
24. Acknowledgement of monthly reports submitted in March, 2019.
Vol. a4D Pg: � 31
25. Juvenile Director's report on detention population.
26. Sheriff's report on inmate population.
27. Announcement of interest items and possible future agenda topics.
28. Call for Citizen input and/or concerns
29. Adjourn.
Va, aqo Pg. 132:
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 County Administration Building, 200 S. Texas Ave., Suite 106, Bryan, Texas is wheelchair
accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days
before the meeting. To make arrangements, please call (979) 361-4102.
Vd. a q 0 Pg. J�
MINUTES
MARCH 26, 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 26, 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;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Cauley
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-22:
3. Acceptance of a VISA gift card donation to the Juvenile Department in the amount of
$100 from Attorney Ray Thomas. The gift card will be used to purchase food items for
youth taking field trips during the upcoming summer months.
Vol.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
4. Request for approval from jail administrator of rescheduled date of April 13 for inmate
work crew to work the Wixon Valley Gumbo Cook -Off due to weather
conditions prohibiting the original date of March 2, 2019.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
5. Request approval of the non-profit organization application for Brazos County inmate
work crew labor with Wreaths Across America to level veterans' gravestones in the
Bryan City Cemeteries. Work will be ongoing and prior to National Wreaths Across
America Day on December 14, 2019.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
6. Request from Bruce Erratt for an exception to the Travel Policy regarding the maximum
hotel rate of $145 in Austin, Texas. He will be attending the Labor and Employment Law
Conference on May 8-10, 2019. The host hotel is sold out. The rate per night is
$224.10 plus tax on reservation made at a different hotel near the conference center.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
7. Approval of the following Job Description:
• Tech Temporary 1040 hrs. (Class Code 2668) for Road & Bridge
A copy of the job description is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
8. Request from Fleet Services that Constable Pct. 2 Unit 708 be retired during this
FY19, due to amount of repairs necessary to keep unit in service.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
9. Approval of Order exempting the Professional Services contract with Dr. Roy Luepntiz
Vol. 0`?90 Pg. 135
from competitive solicitation pursuant to the Texas Local Government Code 262.024 (a)
(4)
A copy of the order is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
10. Approval of deductive change order for contract #18-143 on Creek Bank Stabilization on
Leonard Road in the amount of $44,015.00 to remove the contingency that was not
used. Original amount of contingency was $150,000.00 and only $105,985.00 was
used.
Purchasing Agent Charles Wendt stated that he needed to correct the original
contingency amount listed on the agenda to $50,000.00. He said that the net decrease
of $44,015 is correct.
Commissioner Cauley offered a motion to approve the change order with the correction
given by Mr. Wendt. The motion was seconded by Commissioner Aldrich and passed
unanimously.
A copy of the change order is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich., _Bevy, 'Catalena, Cauley, Peters.
11. Award of RFP # 19-096 for Rehabilitation of Arrington Road. Recommended award:
Larry Young Paving, Inc.
Indian Lakes resident Tim Powell said he has questions regarding Arrington Road. Mr.
Powell asked why it is important to do this now with the construction going on. He also
questioned how long it will take and when construction will begin. He then addressed
that there was discussion of adding a third lane on Arrington Rd, but he heard Brazos .
County was unable to because of right of way. He asked who did not give the right of
way.
Judge Peters stated that some time ago Nantucket gave up some right of way and the
developer also gave some right of way. He said that 105 feet is needed for 3 lanes and
we are 25 feet short. Judge Peters said it doesn't seem fair to ask residents give more
of their lots or to ask the developer to give up more. He said the rehabilitation of
Arrington will widen the traffic lanes and the road shoulder to make it safer. He feels it is
better to get this done now while traffic is fairly low and before more development begins
in the area.
Mr. Powell asked how long there will be road closures.
County Civil Engineer Prathana Banerji stated that Arrington Rd. will only be open to
local traffic. It will not be open for residents of Indian Lakes to cut through. Mrs. Banerji
said that it is unsafe to leave the road as it is now. She said that estimated construction
time is 150 days depending on weather and unforeseen elements. She said the start
Vol. Pg: 13 (Q
date would depend on the contract, but thought it could be 6 to 8 weeks.
Road and Bridge Department Head Gary Arnold clarified that local traffic means those
with driveways on Arrington Rd. will be allowed through.
Commissioner Aldrich stated he would like to visit with Mr. Powell and others who have
questions. He also explained some of the reasons for delays and prior construction in
the area.
Gary Arnold mentioned that Gessner Engineering is setting up a website to get
information out to residents and to take comments from them regarding the construction.
Nantucket resident Marie Wolfe stated she also has questions and suggested the
County rethink what they are doing on Arrington Rd. She stated that in an interview and a
prior email the plan was to wait on improvements until after development was completed.
She said she would like to know what changed. Why spend money now only to have to
make more improvements in a year or two.
Judge Peters said that development will continue for years but they can not wait that long
to make improvements. He went on to say that the road needs to be able to handle the
heavy trucks that are going to continue to come through with the increase in
development. He also said that statements were given out previously with the facts
given at that time.
Mrs. Wolfe complained that the developers are destroying the road.
Commissioner Aldrich addressed the comments he made in the interview from March
2018. He said that since that time new facts have been gathered and based on the
information given by the Civil Engineer he has a new opinion. He also stated that
mobility is his biggest priority.
Prathana Banedi also addressed this saying that more information has been provided
since a year ago. She said we cannot wait until 2,000 houses are built to address the
road conditions. She stated that they are not doing these improvements because of
traffic issues, but because of safety issues that exist now. Mrs. Banedi said that
addressing these issues now does not mean they will not need to address more issues
later. She said this is a step by step process. She said we plan to continue
improvements for the residents.
Mrs. Wolfe stated that this is a waste of money if.the road has to be done again in a year
or two.
Mrs. Banedi said that she is not saying that it will need to be addressed again in two
years, but maybe in ten years they look at it again.
Mrs. Wolfe then stated that Mitchell and Morgan has been working with the developer.
She asked what the total bill of the road construction is.
Civil Attorney Bruce Erratt reprimanded Mrs. Wolfe at this time for going over her
allotted time of four minutes to speak.
Vol. a9 u Pg, 13rI
Judge Peters told Mrs. Wolfe if she requested information it would be provided to her.
Mrs. Wolfe said she had a suggestion for the Court. Mr. Erratt again reminded her that
she had used her time to speak. She requested using another citizen's four minutes.
Mr. Erratt explained to her that is not allowed in the rules and she had gone well over
eight minutes as well.
A copy of the documents submitted by Mane Wolfe is attached.
The Court voted unanimously to accept the recommendation of the Purchasing Agent
and awarded RFP #19-096 to Larry Young Paving. A copy of the bid tabulation is
attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
12. Approval of Professional Services Contract # 19-122 for Psychological Evaluations of
Applicants with Dr. Roy Luepnitz
A copy of the service contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
13. Approval of Agreement #19-124 with Procore Technologies for Project Management
Software.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0.- Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
14. Renewal of contract #19-126R for Mail Services with I nteg
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
15. Renewal of contract# 19-132R for Hot Mix Asphalt.
Recommend Renewal: Knife River: Items: 2, 4, 6, 7, 8, 10, 12, 14
Larry Young Paving: Items 1, 3, 5, 9, 11
Line item 13 is for the City of College Station
The Court voted unanimously to accept the recommendation of the Purchasing Agent
and approved the renewal of contract as stated above. A copy of the bid tabulation is
attached.
Vol. 0 Pg: 13�
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
16. Approval of the 2019 Wine & Roses Half Marathon and 5K Event scheduled for April
14, 2019 which will require roadway and lane closures on Old Reliance Road, Carrabba
Road and Wallis Road. Area Wide Protective will provide traffic control assistance
during this event. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
17. Consider and take action on the Wickson Creek Special Utility District utility permit to
construct a road bore for a 1 inch water line crossing under Wilcox Lane 1,500 feet
northeast of FM 974. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
18. Expenditure Journal Entries
9 FY 18/19 030065-030070
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.
19. Request tax refund of penalty and interest due to U.S. mail from the following:
• a. Douglas H.- Kessler
Judge Peters stated the Court should vote on Item 15 (a) and (b) separately. Judge
Peters noted that (a) did not meet the statutory payment deadline. The payment was
placed in a mail collection box on the Texas A&M campus then taken to the Bryan Post
Office. The mail is transferred from Bryan to Houston for processing. The postmark by
the U.S. Postal Service was marked after the date necessary to process as a timely
payment. A copy of the postmark is attached.
Motion: Deny, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma
Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
• b. Caitlin Adney
Judge Peters said that (b) should be tabled to give time to look into it more closely.
Iva. 2 9 0 P9• 13q
Motion: Table, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
20. Budget Amendments.
BudgetAmendment FY 18/19
26.1 Transfer funds from Commissioners Court to Boonville Cemetery
26.2 Reallocate funds for Facility Services.
26.3 Reallocate funds for Hotel Occupancy Tax Fund.
26.4 Reallocate funds for County Clerk Archival Fund.
26.5 Transfer funds from Non -Departmental to Brazos Center.
26.6 Reallocate funds for Juvenile Services.
26.7 Transferfunds from General Capital Improvement Fund to Road and Bridge.
26.8 Transferfunds from General Capital Improvement Fund to Sheriff's Office -Jail.
26.9 Transfer funds from General Capital Improvement Fund to Sheriff's Office -
Administration.
26.10 Transfer funds from General Capital Improvement Fund to Facility Services.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
21. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
22. Payment of Claims.
Claims 8013398 — 8013570
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
23. Acknowledgement of the following certificates of course completion for Commissioner
Irma Cauley.
• a. Open Meetings Act
• b. Public Information Act
The Court acknowledged receipt of certificates of course completion for Commissioner
Cauley.
24. Acknowledgement of monthly reports submitted in March, 2019.
Vol. 9 0 Pg. -1 LA -(:,
The Court acknowledged receipt of the Extension Service reports submitted in March
2019 and acknowledged receipt of reports from the following County and Precinct
-Offices showing revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct4
Constable Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
25. Juvenile Director's report on detention population.
Juvenile Director Linda Ricketson reported there are 29 juveniles in the detention center,
25 are male and 4 are female, and 21 have electronic monitors. Ms. Ricketson added
that one of the juveniles is being housed for Washington County as per contract.
26. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 658 inmates in jail, 560 inmates are male and 98 are
female, 44 have electronic monitors and 19 are pending for monitors.
27. Announcement of interest items and possible future agenda topics.
Commissioner Cauley reminded everyone that Tire Amnesty Day is this Saturday, March
30, 2019 at the Expo Complex Rock Lot from 10:00 a.m. to 3:00 p.m. and there are no
fees.
28. Call for Citizen input and/or concerns
Patrick Gendron told the Court he attended the Juvenile Board meeting last week.. Mr.
Gendron said there was discussion on some things that have changed with the increase
of cases. He said more cases are coming through the courts than by paper referrals. Mr.
Gendron said the Juvenile Referee gave her opinion as to why this is happening. He
said he looked up some statistics and the number of cases in 2016 and 2017 were in
the 300 range and the number of cases in 2018 were in the 700 range. He said that the
Juvenile Probation Officers bear the brunt of cases.
Mr. Gendron also encouraged Brazos County to continue their support of Big Brothers
and Big Sisters. He said that he has several interns that team up with the kids and he
knows that the Probation Department also has a program. Mr. Gendron said that Big
Brothers Big Sisters is a great entity and is doing a great job.
Marie Wolfe commented that she has submitted questions she would like the Judge to
answer.
Judge Peters said that if she will submit the questions he will answer them after court but
he reminded her.he could not address her questions during the "Citizen's Input".
vol. ,c) Mpg.j±AL
29. Adjourn.
Vol. Pg. I Lila
The foregoing minutes of the Commissioners Court Meeting held March 26, 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
45e*1 r
Sammy Catalena
Commissioner, Precinct 2
Irnfa Cawley
Commissioner, Precinct 4
Attest:
Karen cQueen
County Clerk
Steve Aldrich
Commissioner, Precinct 1
:-
Commissioner, Precinct 3
Vol. 22 U Pg.�
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BRAZOS COUNTY, TEXAS
* ACCEPTANCE OF DONATED/AWARDED PROPERTY
` DONATION OF COUNTY PROPERTY
Date: March 18, 2019
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: VISA Gift. Card in the amount of $100
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 Description/Information: Attorney Ray Thomas donated a VISA gift card in the amount of
$100 that will be used to purchase food Items for youth on field trips during the summer months
Estimated Value: $100.00 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 $500)
❑ 67010000 (Minor Property - $500 - $4999)
❑ 80010000 (Capital Property -Over $5000)
Donation of County Property
Check the appropriate entity property being
donated to:
Government Entity: --
Other (Due to Statuatory
requirements prior approval
is required by Purchasing: Organization Name
*Donation — Other to be used for f:mds donated to Brazos County jor use oja 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: Juvenile
Department Name Authorized Signature
Organization Receiving Donated Property:
Authorized Signature
Approved byCo iss' Court on this�s day of
Commissioners Court Appro al
Item Coversheet
Page 1 of 1
Idi
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Human Resources NUMBER:
DATE OF COURT MEETING: 3/26/2019
ITEM: Approval of the following Job Description:
• Tech Temporary 1040 hrs. (Class Code 2668) for Road & Bridge
TO:
Commissioners Court
DATE:
03/21/2019
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
2668 -approved 03-26-19.docx
Approval of.Job•Description: Tech Temp. 1040 hrs. (Class Cover Memo
Code 2668) for Road & Bridge
A,PPRO
21� �
Duane Peters Dat
County Judge
VOL ILA?>
}httne-//hra7nc nmmcavPMA R79R 1/7.1 /2019
b , ,a. `• TFC
Brazos County
Job Description
Last Updated: March 2019
Template Revision 1.2 08/15/2012
Class Number: 2668
Title:
Tech Temporary (1040 hrs)
Pay Group:' N/A
Department.
Road & Bridge
FLSA Status: Non Exempt
Reports To:
General Superintendent
Approved Date:
EEOC Category:
Skilled Craft Workers
Position End
Date:
Temporary
Employee
Signature:
General Summary:
Supervises seal coat work, crack seal and hot mix work of subcontractors.
Essential Duties:
Other duties may be assigned. Drives county roads to assess and determine roads to be crack sealed or seal coated; coordinates activity with each
area supervisor; assists other county employees in completing a set of plans and specifications for the subject work.
Other Duties as assigned. 1%
Supervision
Received:
General Superintendent
Given:
This is a non -supervisory position; however can direct subcontractors with their duties; inspects contractor seal
coat hot mix and crack seal applications.
Education
Required: High school graduation or its equivalent; or any combination of equivalent education and experience that
Preferred:
Experience
Required: At least five years of experience. To perform this job successfully, an Individual must be able to perform each
essential duty satisfactorily as noted above.
Preferred:
Certificates, Licenses,
Registrations
Required: (valid) Class C Driver's License.
Preferred:
Physical Demands
Typical:
The physical demands described here are representative of those that must be met by an employee to
Typical:
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and
talk and hear. The employee must frequently bend, stoop, squat and walk. The employee must frequently lift
and/or move objects weighing up to 30 pounds, such as tools and equipment. Specific vision abilities required
by this job include close vision, distance vision, peripheral vision, and ability to adjust focus.
Knowledge, Skills, &
Abilities
Typical:
Assess need for and condition of drainage systems; design drainage systems; work effectively and
cooperatively with co-workers. Assess need for corrective or preventative maintenance and recommend
proper corrective measures for the assessed needs. Communicate effectively to General Superintendent and
County Engineer.
FVC471H,pg. ALL-
Work Environment
Typical:
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. The noise level in the work environment is
frequently loud. The employee is constantly required to work closely with others as a part of a team, and is
frequently exposed to danger. The employee is occasionally required to perform tedious, exacting work, to
switch from one task to another, and to work under time pressures to meet deadlines.
vol. .")G D Pg. ► o
ORDER
COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT
FOR PROFESSIONAL SERVICES MADE BY A COUNTY
UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(4)
The referenced Agreement between Brazos County and Dr. Roy R. Luepnitz, Ph.D. for
the provision of services described in the referenced Agreement constitutes a contract.
The Brazos County Commissioners Court finds that -this is a contract for professional
services and is exempt from competitive bidding. This Order is made pursuant to
V.T:C.A. Local Government Code §262.024(a)(4) and is to be entered into the
Commissioners -Court minutes. -
APPROVED O DISAPPROVED ()
BY COM S40NE S COURT -ON (DATE)
Duane Peters, County Judge
Vol. Pg. 151
EJCDC
ENOINEEAS JOINT CONTRACT
0000MENTS COMMITM
Change Order No.
Date of Issuance: 3/15/19 Effective Date:
Owner: Brazos County, Texas Owner's Contract No.: 18-143
Contractor: OCC Construction Corporation Engineer's Project No.: 17-0830
Project: Creek Bank Stabilization on Leonard Road Contract Name:
The Contract is modified as follows upon execution of this Change Order:
Description: Reduce contract price to remove unused county contingency. Add days to substantial completion
because of weather days approved by Engineer and Owner.
Attachments: None
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIMES
Original Contract Price:
Original Contract Times:
.Substantial Completion: 90
$ 712 834.50
Ready for Final Payment: 30
days
[Increase] [Decrease] from previously approved Change
[Increase] [Decrease] from previously approved Change
Orders No. 0 to No. 0:
Orders No. 0 to No. 0
Substantial Completion: 0
$ 0.00
Ready for Final Payment: 0
days
Contract Price prior to this Change Order:
Contract Times prior to this Change Order:
Substantial Completion: 90
$ 712.834.50
Ready for Final Payment: 30
days or dates
Decrease of this Change Order:
Increase of this Change Order:
Substantial Completion: 23
$ 44.015.00
Ready for Final Payment: 0
days
Contract Price incorporating this Change Order:
Contract.Times with all approved Change Orders:
Substantial Completion: 113
$ 668 819.50
Ready for Final Payment: 30
days
APPROV
By:
Owner (Authorized tgnature)
Title: d ,s
Date: //4
RECOMMENDED:
By:
Title: ti� �a�cr- ; ,GcdSNlef�
Ewg
ACCEPTED:
By:
Contractor(Authorized Signature)
Title:
Date:
Date: 3% ISl iel
EICOC' D-941, Change Order.
Prepared and published 2016 by the Engineers Joint Contract Documents Committee.
�,�, _o�0 ,PC Asa
iofi
March 26, 2019 — Brazos County Commissioners Court
Marie Wolfe
4576 Sandpiper Cove
College Station, TX 77845
Award of RFP # 19-096 for Rehabilitation of Arrington Road. Recommended
award: Larry Young Paving, Inc.
I'm opposing this RFP. I'd like to find out answers to some questions and offer
some suggestions
History:
Judge Peters put the cost of widening Arrington at 2 million dollars back during his
interview on WTAW on 7/27/2016 (http://wtaw.com/2016/07/27/brazos-county-
commission-approves-new-road-south-college-station/ ).
Commissioner Aldrich said the construction won't start until heavy truck traffic
finishes going in and out of new residential subdivisions during his interview on
3/2/2018 on WTAW (http://wtaw.com/2018/03/02/arrington-road-widening-
project-still-years-starting/ ).
Questions:
On 3/2/2018, Commissioner Aldrich was interviewed on WTAW and he said the
construction won't start until heavy truck traffic finishes going in and out of new
residential subdivisions.
I have an email from the County Engineer to Judge Peters and Commissioner
Aldrich with Subject of "Arrington Road Project reconsideration" dated 2/21/2018
for the record. I'll read the portions that I'd like to discuss (see email
highlighted).
.1. My question is —what has happened that would make the County Engineer
and Commissioner Aldrich position change that could potentially waste
taxpayer money on fixing this road now while those same construction sites
are just really beginning?
Vol. 1 Pg.
2. What is the estimated total cost of Arrington Road Improvement?
Including Right -Of -Way purchase and everything else besides the estimated
$1,473,520.85 so the taxpayers know what the total cost is.
3. 1 couldn't find a timeline or schedule for the contract: There was 240
calendar days in the 19-096 Arrington Road Tabulation.xlsx file on page 6.
I've heard rumors that this project was going to take 18 months.
Is there schedule/timeline and what is it?
4. How will traffic be handled? Will it go down to 1 lane or will it close? Will
it be done in sections?
5. Is the warranty of 1 year from Larry Young Paving, cover damage from the
development construction truck traffic'the County Engineer mentioned?
If the Developers trash the road, will they fix it? Is it written in a contract,
and if so, who determines and how do they determine if the developer
needs to repair the road later? (per Victor Delgado, Castlegate — NextDoor)
6. There was a mention of a Greens Prairie Reserve deceleration lane in the
RFP and separately priced. I didn't find a deceleration lane for The Ranch at
Arrington apartments. Last I remember from the City's required TIA they
were required to have one. Has this changed and why?
7. While Arrington Road is under construction, will the County request that
this and all truck traffic be routed via W.D. Fitch and down Arrington Road?
(want to eliminate truck traffic thru neighborhoods — South Oaks,
Nantucket and Indian Lakes)
Suggestion/Other Options
Put Arrington Road Improvement of 2 foot wide shoulders on hold until 3-5 years
down the road as the County Engineer suggested and assess it then.
Have the County give this portion of Arrington Road to the City of College Station
along with the money that you are allocating for this improvement. By doing so,
the road section could be 3 lanes matching the City portion of Arrington Road
within the 80 foot ROW the County has acquired. I'm including a NextDoor Poll
showing 77% said they wanted 3 -lanes.
voi. 090— P9. 151
From: Prarthana P. Banerji
septi Wednesday, February 21, 2018 2:41 PM
To: Duane Peters; Steve HW. Aldrich
Cc.. Gary Arnold; William'C. Wendt; Edward C.:.Bull; Bruce L. Erratt, Darrell W. Kolwes
Subject: Arrington Road Project reconsideration
importance• High
Hello,
I read Hunter's emails notes from yesterday's meeting, and I want to bring this issue up sooner rather than later on this
project. This has been my opinion for a while, and the attitude of the:developers just confirms it.
In my engineering opinion, we DO NOT need to proceed with this project at this time: We are NOT solving any traffic,
safety, drainage or any other pressing engineering problems by reconstructing'this road at this time. We are improving
drivability marginally which in my opinion can be achieved by simple maintenance of the surface in the meantime. In the
public meeting, this project, especially the way we are approaching it is indefensible since we are maintaining the exact
same typical section as -it is currently out there with improved shoulders. It does not justify the need for improvements
to 3 lanes especially with the traffic counts right now and that is why we are -sticking with the current typical section.
wilitbnp icing t171 yr d t efo�re it�ffr—& nraiversaty: The current.traffic on this road will be alleviated by. Mesa Verde
which is a far more critical piece of the puzzle and which the County is working on right now.
the 2 developments, so we will still end up buying ROW only from the rest of the land owners as we would today.
We are not too far along on this project and it will be certainly be the right time to pull the plug on it is my professional
opinion. Instead of trying to beat development, we should wait for the development to happen justify spending tax
dollars on a roadway with apparent issues. Additionally; our project is NOT trying to beat.development either since we
arein. no way increasing capacity with our proposed plan.
Prarthana Banerji,. P.E., CFM
Engineer
Brazos County. Road & Bridge
2617 Highway 21. West
Bryan, TX 77803
Phone: 979-822-2127 x 3049
3 Vol. aqo P9•�
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Post in General
Poll: Do you support a request for Brazos County to add
3-1anes back into the 2019 Proposed Budget's Capital
Plan for Arrington Road from City Limits to past Harpers
Ferry?
In March 2017, the County and BCSMPO announced 3 -lanes
with the middle lane being a left turn lane for Arrington Road; in
September 2017 it became 2 -lanes unproved. Would you
support a request for Brazos County to add 3 -lanes back into the
2019 Proposed Budget's Capital Plan for Arrington Road from
City Limits to past Harpers Ferry?
Choose one:
yes
77%
no
22%
Voted
49 votes
25 Aug - Nantucket
Recce" Uja6
pack
o0o-A)���nouJ
-140-w ,t�cwt
wa;��
Vol. Pg. 15-"v
Arrington Road - reconstruction/improvement
From: Marie Wolfe (me_wolfe@yahoo.com)
To: saldrich@brazoscountytx.gov; dpeters@brazoscountytx.gov
Cc: sypmills@gmail.com; shardintx@gmail.com; motherweir@hotmail.com; icauley@brazoscountytx.gov;
scatalena@brazoscountytx.gov; nberry@brazoscountytx.gov; agdad74@gmail.com;
CGallego@brazoscountytx.gov; oliver@bryanbroadcasting.com; garnold@brazoscountytx.gov;
pbanerji@brazoscountytx.gov; kap.texas@gmail.com
Bcc: mprice212@yahoo.com
Date: Thursday, February 21, 2019 05:05 PM CST
Howdy Commissioner and Judge,
Hope all is well with you's. I've heard a rumor that Arrington Road reconstruction was going to start shortly.
It's hard to understand why the County would even contemplate this while development is so active on that
road. There are now 3 development sites being worked (The apartments at CapRock (at the intersection of
Old Arrington Road and Arrington Road), The Ranch apartments and Margraves Ranch). Two of these are
directly on the County stretch of road being targeted for reconstruction/improvement and I believe there will
be many large trucks going to each site using Arrington Road for months to come if not years. As a County
citizen, I don't believe the road and bridge capital improvement money will be well spent to fix Arrington
Road this year with this development underway. I urge you to rethink this expenditure.
If you haven't seen what's happening to Old Arrington Road, you should drive down and check it out, but be
very careful - it's very muddy and lots of stones on the roadway that could damage your windshield. Old
Arrington Road was being used by people wanting to miss the WD Fitch/Arrington Road & Arrington
Road/Greens Prairie intersections when going south on Arrington Road.
Is it possible to get the Arrington Road Reconstruction/Improvement discussion on the agenda for the
Commissioners Court in March before the construction of the road starts?
Thanks for your time and consideration.
Cheers,
Marie Wolfe
4576 Sandpiper Cove
College Station, TX 77845
979-690-7075
vol. aqo� pg. 15R
AGREEMENT
FOR REHABILITATION OF
ARRI N GTO N ROAD
RFP # 19-096
BRAZOS COUNTY, TEXAS
Agreemeat fbr Constriction— Rehabil' ation of Arrington Road — RFP 6 19.096 Page 1
Vol. C7 Pg.
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 — Rchabilltation of Anington Road — RFP # 19.096 Page 2
Vol. aQ Pg.. .
AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY
ROADWAY
This'Agreement for the construction of the REHABILITATION OF ARRINGTON
ROAD, Brazos County, Texas, in the amount of ONE MILLION, FOUR HUNDRED
SEVENTY THREE THOUSAND, FIVE HUNDRED TWENTY DOLLARS, EIGHTY FIVE
CENTS ($ 1.473.520.85) is entered into this 18 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 LARRY YOUNG PAVING, INC., (hereinafter
referred to as "Contractor"). The REHABILITATION OF ARRINGTON ROAD 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 # 19-096 and the
Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to
execution of the Contract, other documents listed in the Agreement and Modifications
issued after execution of the Contract.
A Modification is: (1) a -written amendment to the Contract signed by both parties;
(2) a Change Order or Change Proposal Request; (3) a Construction Change Directive,
or (4) a clarification, interpretation or written order for a minor change in the Work issued
by the Engineer. - Unless specifically enumerated in the Agreement, the Contract
Documents do not include other documents such as bidding requirements
(advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of
addenda relating to bidding requirements). The Contract Documents executed in
accordance with Sub -paragraph 1.5.1. shall prevail in case of an inconsistency with
subsequent versions made through 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
land: (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 Arrington Road — RFP # 19.096 Page 3
F--
�qv pg.
�-u-a-
materials, equipment and services provided or to be provided by the Contractor to fulfill
the Contractors 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 ARRINGTON ROAD in
Brazos County, Texas as specified in the Contract Documents.. The Project may include
construction by the Owner or by separate contractors.
1.1.4.1 SUMMARY OF THE WORK: This project consists of the rehabilitation of a portion
of Arrington 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 for the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled
for the Work that may include the bidding requirements, sample forms, this Agreement,
Supplementary Conditions of the Contract and Specifications.
1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in
the Contract Documents shall have the meanings given as listed in the latest edition of
the AIA "Glossary of Construction Industry Terms." Those not specifically defined at
either place shall have the meanings commonly attributed to them by the particular trade
involved.
.1 Provide: shall be understood to mean: "Furnishing of all labor, materials,
equipment, transportation and services referred to and installation of the
materials, equipment and other items referred to, all in compliance with the
requirement of the Contract Documents and applicable Federal, State and
local laws and ordinances as well as requirements of Federal, State and
local authorities having jurisdiction at the site of the Work."
.2 Required: shall be understood to refer to the requirements of the contract
Documents unless its use in a sentence clearly implies a different
interpretation.
.3 Where "as shown," "as indicated," "as noted," and similar terms are
used, it shall be understood that reference to the Contract Drawings is
made, unless their use in a sentence clearly implies a different
interpretation.
.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 a Sd--BFifil9.n96 Page 4
.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.
.16 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 Arrington Road — RFP 9 I9-096 Page 5
.18 Agreement/Contract: Agreement/Contract means the same and are used
interchangeably throughout this document. This Agreement/Contract is the
signed agreement between Owner and Contractor for the performance of
the Work.
.19 Critical Path: The project's tasks that will cause the project end date to be
delayed if they are delayed. The word "critical' does not imply how
important a task is; a task is critical solely because' it must occur as
scheduled for the project to finish on time.
.20 Furnish: Unless specifically limited in context, the word "furnish" and any
derivatives thereof mean: deliver indicated items, materials, equipment,
apparatus, appurtenances and all items necessary for a complete and
proper installation to Project site and stored in secure locations.
.21 Install: "Install" and any derivatives thereof mean; incorporated indicated
items, materials, equipment, apparatus, appurtenances and all items
necessary for the Work including all necessary labor, materials and
connections to perform a properly and complete installation ready for
operation of use, including but not limited to unpacking and assembly, if
necessary.
.22 The Contractor Shall: In the interest of conciseness; sentences,
statements and clauses may be verb phrases with expressed verbs such
as "furnish," "install," "provide," "construct," "erect," "comply," "apply,"
"submit," etc. Any such sentences, statements and clauses are to be
interpreted to include the applicable form of the phrase "the Contract shall"
preceding the expressed verb, with the requirements described interpreted
as mandatory elements of the Contract.
.23 Evaluation: "Evaluation" and any derivative thereof, as used in reference
to Engineer mean; to become generally familiar with the progress and
quality of the portion of Work completed to determine in general if it is being
performed in a manner indicating that the Work when completed may be
occupied or utilized by the Owner for its intended use. Such evaluations
shall be based on what is plainly visible at the construction site during
periodic visits to the Project, and without the removal of material or other
Work that is in place.
.24 Inspect: "Inspect" and any derivative thereof, as used in reference to the
Engineer shall mean; Type of evaluation that a reasonably prudent
Engineer, in the exercise of ordinary care, would make to determine if the
Work is in general accordance with the Contract Documents; they are not
"inspections" as would necessarily disclose a defect.
.26 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."
Agreement for Construction—Rehabilitation of Arrington Road — RFP # 19.096 Page 6
4aq o P2ILO
1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
1.2.1. The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the Work by the Contractor. The Contract
Documents are complementary and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be required only to the extent
consistent with the Contract Documents and reasonably inferable from them.
1.2.2. Organization of the Specifications into divisions, sections and articles, and
arrangement of Drawings shall not control the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be performed, nor limit the scope
of work performed by any trade or by any Sub -contractor or supplier.
1.2.3. Unless otherwise stated in the Contract Documents, words which have well—
known technical or construction industry meanings are used in the Contract Documents
in accordance with such recognized meanings.
1.2.4. General Conditions and Supplementary Condition and General Requirements
apply to all of the Contract Documents.
1.2.6 Precedence of the Contract Documents: The most recently issued Document
takes precedence over previous issues of the same Document. The order of precedence
is as follows with the highest authority listed as "A".
A. Modifications, Change Orders or a Change Proposal Request
B. This Agreement, including the General Conditions stated herein.
C. Addenda
D. Supplementary Conditions
E. Specifications and 'Drawings. In the case of an inconsistency between
Drawing and specifications orwithin 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,
manufacturers 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)
Agreement for Construction —RehabititationofArrington Road — RFP # 19-096 Page 7
specifically defined; (2) the titles of numbered articles and identified references to
Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other
documents published by the American Institute of Engineers.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words
such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or
an article is absent from one statement and appears in another is not intended to affect
the Interpretation of either statement.
1.5 EXECUTION OF CONTRACT DOCUMENTS
1.5.1 The Contract Documents shall be enumerated on attachment(s) to the Agreement
and attachments(s) shall be signed by the Owner and Contractor as provided in the
Agreement.
1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor
has visited the site, become familiar with local conditions under which the work is to be
performed and correlated personal observations with requirements of the Contract
Documents. Contractor shall verify the location of all easements before beginning the
project.
1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND
OTHER DOCUMENTS:
1.6.1. The Drawings, Specifications and other documents, including those in electronic
form, prepared by the Engineer and/or Engineer's consultants are Instruments of the
Engineer's service through which the Work to be executed_ by the Contractor_ is
described. The Contractor may retain one contract record set. Neither the Contractor,
nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own
or claim a copyright in the Drawings, Specifications and other documents prepared by
the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer
or the Engineer's consultants shall be deemed the author of them and will retain all
common law, statutory and other reserved rights, in addition to the copyright, unless
indicated differently in the Owner -- Engineer Agreement. The Drawings, Specifications
and other documents prepared by the Engineer, and copies thereof furnished to the
Contractor, are for use solely with respect to this Project. They are not to be used by the
Contractor or any Subcontractor,-Sub—subcontractor or material or equipment supplier
on other projects or for additions to this Project outside the scope of the work without the
specific written consent of the Owner, Engineer and/or Engineer's consultants. The
Contractor, Subcontractors, Sub—subcontractors and material or equipment suppliers
are granted a limited license to use and reproduce applicable portions of the Drawings,
Specifications and other documents prepared by the Engineer and/or Engineer's
consultants appropriate to and for use in the execution of their Work under the Contract
Documents. All copies made under this license shall bear the statutory copyright notice,
if any, shown on the Drawings, Specifications and other documents prepared by the
Engineer and/or the Engineer's consultants. Submittal or distribution to meet official
regulatory requirements or for other purposes in connection with this Project isnot 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
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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 connected with, the conversion of electronic data supplied
by the Engineer or Engineer's consultants.
1.6.2.4 If documents, including those in electronic form, are modified, revised or
changed in any way by -the Contractor, Subcontractor, Sub -subcontractor, and material
and equipment supplier, or others, any reference to the Engineer and Engineer's
consultant and any professional. seals and signatures shall be removed from the
documents.
1.6.2.5 In consideration for the use of the Drawings, Specifications and other
documents, including those in electronic form,. Contractor, Subcontractor, Sub -
subcontractor, material and equipment supplier and others agree to indemnify, defend
and hold harmless the Engineer, Engineer's consultants and Owner from and against,
any claim or liabilities arising out of such use.
Agreement for Construction — Rehabilitation of Arrington Road— RFP H 19-096 Page 9
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the
Owner's authorized representative. The Owner's representative is Gary Arnold,
Operations Manager, or such other person as may from time to time be so designated
by the Brazos County Commissioners Court to act on behalf of Owner.
2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in
writing information which is necessary and relevant for the Contractor to evaluate, give
notice of or enforce mechanic's lien rights. Such information shall include a correct
statement of the record legal title to the property on which the Project is located, usually
referred to as the site, and the Owner's interest therein at the time of execution of the
Agreement and within five (5) days after any change, information of such change in title,
recorded or unrecorded.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.2.1 The Owner shall furnish surveys describing physical characteristics and legal
limitations for the site of the Project, and a legal description of the site. The Contractor
shall be entitled to rely on the accuracy of information furnished by the Owner but shall
exercise proper precautions relating to the safe performance of the Work.
2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which
are the responsibility of the Contractor under the Contract Documents, Owner shall
secure and pay for necessary approvals, easements, assessments and charges required
for construction.
2.2.3 Information or services required of the Owner by the Contract Documents shall
be furnished by the Owner with reasonable promptness and complete and accurate to
the best of the Owner's information and belief. Any other information or services relevant
to the Contractor's performance of the Work under the Owner's control shall be furnished
by the Owner after receipt from the Contractor of a written request for such information
or services.
2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in
Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited
purpose of making prints thereof required for use in performance of Work, in accordance
with Paragraph 1.6.
2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner
or by Separate Contractors), Article 9 (Payments and Completion) and Article 11
(insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work
which is not in accordance with the requirements of the Contract Documents as required
by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the
Contract Documents, the Owner by written order may order the Contractor to 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
Agreement for Construction— Rehabilitation of Arrington Road— RFP # 19-096 Page 10
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of the Owner to exercise this right for the benefit of the Contractor or any other person
or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive
the right to stop the work in any future situation if Owner waives this right in any one
situation.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof,
in accordance with the Contract Documents or fails to complete, within the time period
stipulated, any items of work scheduled (punch listed) to be done subsequent to the Date
of Substantial Completion or fails to complete or correct any items of work disclosed
subsequent to the Date of Substantial Completion and fails within a seven day period
after receipt of written notice from Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may, without prejudice to
other remedies the Owner may have, correct such deficiencies. In such case, an
appropriate Change Order shall be issued deducting from payments then, or thereafter,
due the Contractor the cost of correcting such deficiencies, including compensation for
the Engineer's additional services and expenses made necessary by such default,
neglect or failure. Such action by the Owner and amounts charged to the Contractor
shall be done after consultation with the Engineer. If payments then or thereafter due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner.
2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or
accountable to Contractor or its Surety for any method by which completion of said Work,
or any portion thereof, is accomplished or for price paid therefore, unless Surety is
required to pay cost to complete the Project, in excess of the amount contained in the
Owner -Contractor Agreement, as a direct result of the Engineer's negligent issuance of
Certificate(s) for Payment. Contractor and Surety are responsible for all costs for
completing the Work including cost in excess of original Contract Sum. Owner does not
forfeit right to recover damages from Contractor or Surety for failure to complete Contract
by taking over the Work or by declaring Contract -in default. -Maintenance of the Work
remains Contractor's and Surety's responsibility as provided for in Performance Bond
and guarantee of Contractor.
2.4.3 The Owner reserves the right to:
.1 observe the work, at any time, whenever it is in preparation or progress;
.2 make emergency repairs to the work during the guarantee period, to
prevent further damages and the Contractor shall pay for such repairs
when necessitated by defects in the Contractor's work;
.3 make changes to the work.
2AA The Owner shall not be required to accept from the Contractor (unless specifically
agreed upon):
.1 Partial Substantial Completion;
.2 Substantial Completion when it occurs prior to the expiration of -the
Construction Time.
ARTICLE 3
CONTRACTOR
3.1 GENERAL
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
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referred to throughout the Contract Documents as if singular in number. The term
"Contractor" means the Contractor or the Contractor's authorized representative.
3.1.2 The Contractor shall perform the Work in" accordance with the Contract
Documents.
3.1.3 The Contractor shall not be relieved of obligations to perform the Work in
accordance with the Contract Documents either by activities or duties of the Engineer in
the Engineer's administration of the Contract, or by tests, inspections or approvals
required or performed by persons or entities other than the Contractor.
3.2 REVIEW OF CONTRACT. DOCUMENTS AND FIELD CONDITIONS
3.2.1 Since the Contract Documents are complementary, before starting each portion of
the Work, the Contractor shall carefully study and compare the various Drawings and
other Contract Documents relative to that portion of the Work, as well as the information
furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements
of any existing conditions related to that portion of the- Work and shall observe any
conditions at the site affecting it. These obligations are for the purpose of facilitating
construction by the Contractor and are not for the purpose -of discovering errors,
omissions or inconsistencies in the Contract - Documents; however, any errors,
inconsistencies or omissions discovered by the Contractor shall be reported promptly to
the Engineer as a properly prepared, timely Request For Information (RFI) in such form
as the Engineer may require.
3.2.2 Any design errors or omissions noted by the Contractor during this review shall
be reported promptly to the Engineer, but it is recognized that the 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.
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3.2.4 The Contractor shall perform the Work in accordance with the Contract
Documents and submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.9 The Contractor shall supervise and direct the Work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
construction -means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under the Contract, unless the Contract Documents
give other specific instructions concerning these matters. If the Contract Documents give
specific instructions concerning construction means, methods, techniques, sequences
or procedures, the Contractor shall review, substantiate, and comply with current
industry execution standards and manufacturer's current execution instructions and
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely
responsible for the jobsite safety of such means, methods, techniques, sequences or
procedures.
If the Contractor determines that such means, methods, techniques, sequences or
procedures may -not be safe, the Contractor shall give timely written notice to the Owner
and Engineer and shall not proceed with that portion of the -Work without further written
instructions from the Engineer. If the Contractor is'then instructed to proceed with the
required means, methods, techniques, sequences or procedures without acceptance of
changes proposed by the Contractor, the Owner shall be solely responsible for any
resulting loss or damage.
3.32 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 of performed by persons other than the Contractor.
3.3.4 The Contractor shall be responsible for inspection of portions of Work already
performed under this Contract to determine that such portions are in proper condition to
receive subsequent Work.
3.3.5 Contractor is solely responsible for coordination of scope of Work for its own
forces;.. and of Subcontractors and suppliers, and to complete all Work, whether
performed by the Contractor or a Subcontractor.
3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP
Section 8(f).
3.3.1 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
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proper execution and completion of the Work, whether temporary or permanent, and
whether or not incorporated or to be incorporated in the Work.
3.4.2 The Contractor may make substitutions only if allowed by Contract Documents
and with the consent of the Owner, after evaluation by the Engineer and in accordance
with a Change Order, or by Owner's approval of a Substitution Request.
3.4.3 The Contractor shall enforce strict discipline and good order among the
Contractor's employees and other persons carrying out the Contract. The Contractor
shall not permit employment of unfit persons or persons not skilled in tasks assigned to
them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Engineer that all materials and
equipment furnished under this Contract will be of good quality and new unless otherwise
specified and that all Work will be provided in accordance with the requirements of the
Contract Documents and will be of good quality, free of faults and defects. All Work not
conforming to the requirements of the Contract Documents, including substitutions or
changes made by the Contractor or any subcontractor, material supplier or equipment
supplier that have not been specifically identified (PRIOR to Contract award) by means
of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall
be considered defective and not in agreement with the requirements of the Contract
Documents, and shall be promptly corrected in accordance with the requirements of
Article 12 of this Agreement and amendments thereto as set forth in Supplementary
Conditions or Modifications. Notation or listing of such substitutions or changes on shop
drawings or other types of submittal will not be considered acceptable to Engineer
whether or not such submittal has been reviewed or stamped by Engineer. Notice must
be specific and transmitted in letter form. if required by Owner or Engineer, Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and equipment
actually provided. This warranty is not limited by the provisions of Paragraph 12.2.
3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and
deliver to Engineer, a written warranty in approved form, stating that all materials and
equipment provided and all work performed are in accordance with the requirements of
the Contract Documents and authorized modifications and additions thereto; and further
stating that Contractor guarantees, should any condition. arise or be disclosed during the
time of Contract warranty, which conditions are due to incomplete, or improper or
defective materials, or due to incomplete or improper or defective workmanship or
arrangement, such condition, together with all work affected in correcting such condition,
shall be (upon written notice from Owner) promptly and satisfactorily corrected by
Contractor at no additional cost to Owner. Contractor shall be fully responsible for the
prompt, satisfactory completion of all warranty work whether performed by his own or
subcontract personnel.
3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the
Contract, whether or not any portion or trade has been assigned or sub—let. in the event
any portion of the Work is performed by an assignee or subcontractor, Contractor 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.
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Assigns' and subcontractors' warranties shalll-expressly provide that the same shall be
-enforceable directly by Owner, if he so elects, and shall run concurrently with
Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as
directed by Owner.
3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from
Date of Substantial Completion of the Work. Should a warranty required under any
Section of the Specifications or of this Contract be for a period of more than one year,
Contractor's and subcontractor's warranty, with respect to such work, shall be for such
longer period. Warranty for work done subsequent to Date of Substantial Completion
shall be for a period of one year from date of Final Completion or such longer period, if
so specified.
3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date
of Substantial Completion, the warranty period for that portion so occupied shall begin
on the date of such occupancy as agreed in writing with Owner.
3.5.6 Objectionable Process: Where any material, process, or method or operation or
application procedure is required, which in the opinion of the Contractor, would render
the finished work unsuitable for the required warranty, then, before a bid is submitted,
such unsuitable material, process, or application method shall be objected to in writing
to Engineer, stating reasons therefore and recommending other alternate materials or
methods so that the Work, when completed, will be suitable for the required warranty. In
the event the Contractor's recommendations are approved, the work shall be installed in
accordance therewith, and all changes in cost resulting there from shall be included in
the Contract bid amount.
3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for:
.1 Damages existing facilities, fences or other appurtenances or services
when damages result from use of faulty materials or negligent
workmanship.
.2 Warranting modifications accepted under subparagraph 3.5.6 above will
give satisfactory results.
.3 Warranting substitutions will be equal or superior to the specified item or
method unless he specifically lists shortcomings in his request for making
substitution.
.4 Obtaining and enforcing all subcontract warranties with particular attention
being directed to enforcement of warranty work by electrical and other
subcontractors.
3.6 TAXES
3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay
all sales, consumer, use and similar taxes for the Work or portions thereof provided by
the Contractor which may not be within 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 -subcontractors and suppliers to bill
Contractor for all sales and use taxes on all materials and equipment incorporated into
Project as clearly discernible separate item to facilitate Contractor's keeping tax as
separate item of expense on records. Furnish this information to Owner to enable Owner
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to meet state reporting requirements
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall
secure and pay for the building permit and other permits and governmental fees, licenses
and inspections necessary for proper execution and completion of the Work which are
customarily secured after execution of the Contract and which are legally required when
bids are received or negotiations concluded.
3.7.1.1 Owner shall secure and pay for health and environmental impact fees,
water and sewer connections and impact fees, and zoning regulation fees and permits.
The Contractor shall secure, and pay for all other permits and governmental fees,
licenses and inspections necessary for proper execution of and completion of Work
which are customarily secured after execution of Contract and which are legally required
when bids are received or Contract is executed.
3.7.2 The Contractor shall -comply with and give notices required by applicable laws,
statutes, ordinances, codes, rules, regulations and' lawful orders of public authorities
bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents
are in accordance with applicable laws, statutes, ordinances, building codes, and rules
and regulations, unless they bear upon construction means, methods, techniques or
safety and health precautions. However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor shall promptly notify the
Engineer and Owner in writing and necessary changes shall be accomplished by
appropriate Modification.
3.7.4 if the Contractor performs Work, knowing it to be contrary to laws, statutes,
ordinances, building codes, and rules and regulations without such notice to the Engineer
and Owner, the Contractor shall assume full responsibility for such Work and -shall bear
all the costs attributable for any and all repairs required for conformance, including but
not limited to, any penalties, fines or other damages realized..
3.8 ALLOWANCES
3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the
Contract Documents. items covered by allowances shall be supplied for such amounts
and by such persons or entities as the Owner may direct, but the Contractor shall not be
required to employ persons or entities against which the Contractor makes reasonable
objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 allowances shall cover the cost to the Contractor of materials and
equipment delivered at the site and all required taxes, less applicable trade
discounts;
.2 Contractor's costs for unloading and handling at the site, labor, 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
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Change Order shall reflect: (1) the difference between actual costs and the
allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs
under Clause 3.8.2.3.
3.8.3 Contingency Allowance is established as $100,000.00 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
3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish
in writing to the Owner and Engineer the name and qualifications of a proposed
superintendent. The Owner or Engineer may reply within fourteen (14) days to the
Contractor in writing stating: (1) whether the Owner or Engineer has. reasonable objection
to the proposed superintendent, or (2) that the Owner or Engineer requires additional
time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day
period shall constitute notice of no reasonable objection.
3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner
or Engineer has made reasonable and timely objection. The Contractor shall not change
the superintendent without the Owner's consent, which shall not unreasonably be
withheld or delayed.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award,
shall prepare and .submit for the Owner's and Engineer's information a Contractor's
construction schedule for the Work. The schedule shall not exceed time limits current
under the Contract Documents, shall be revised monthly or at appropriate intervals as
required by the conditions of the Work and Project whichever is less, shall be related to
the entire Project to the extent required by the Contract Documents and shall provide for
expeditious and practicable execution of the Work.
3.10.1.1 Owner may authorize construction activities to commence prior to
completion of Drawings and Specifications. If Drawings and Specifications require further
development at the time the initial construction schedule is prepared, Contractor shall:
1) allow time in the schedule for further development of Drawings and Specifications by
Engineer, including time for review by Owner and Contractor and for Contractor's
coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely mariner,
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.
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3.10.3 The Contractor shall perform the Work in general accordance with the most recent
schedules submitted to the Owner and Engineer.
3.10.4 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 Engineer is not expected to take responsive action may be so
identified in the Contract Documents. Submittals which are not required by the Contract
Documents may be returned by the Engineer without action.
3.12.5 The Contractor shall review for compliance with the Contract Documents, approve
and submit to the Engineer; Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reasonable promptness and in such
sequence as to cause no delay in the Work or in the activities of the Owner or of separate
contractors. Submittals which are not marked as reviewed for compliance with the
Contract Documents and approved by the Contractor may be returned by the Engineer
without action.
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
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measurements and field construction criteria related thereto, or will do so, and (4)
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents, and have approved the
submittal.
3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review
of Shop Drawings, Product Data, Samples or similar submittals until the respective
submittal has been approved by the Engineer. Such Work shall be in accordance with
approved submittals.
.1 The Contractor shall make all revisions as noted by Engineer and shall re—
submit the required number of corrected copies of Shop Drawings, product
data or samples until no exceptions are taken. The Contractor shall direct
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 properlylicensed 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 Engineerwill review, approve or take other appropriate
Agreement for Construction —Rehabilitation of Arrington Road — Page 19
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action on submittals only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents. The
Contractor shall not be responsible for the adequacy of the performance or design criteria
required by the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, the Engineer shall be entitled to rely
upon the accuracy and completeness of such calculations and certifications.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to areas permitted by
applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful
orders of public authorities and -,the Contract Documents and shall not unreasonably
encumber the site with materials or equipment.
3.13.2 Contractor shall assume full responsibility -for protection and safekeeping of
materials stored on premises.
3.13.3 Contractor shall provide all necessary precautions to protect, public, visitors and
tenants from activities of Contractor or his agents on project.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to
complete the Work or to make its parts fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or
partially completed construction, by the Owner, or separate contractors by cutting,
patching or otherwise altering such construction, or by excavation. The Contractor shall
not cut or otherwise alter such construction by the Owner, or a separate contractor,
except with written consent of the Owner and of such separate contractor; such consent
shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from
the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise
altering the Work.
3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surrounding area free from
accumulation of waste materials or rubbish caused by operations under the Contract. At
completion of the Work the Contractor shall remove from and about the Project waste
materials, rubbish, the Contractor's tools, construction equipment, machinery and
surplus materials.
3.15.2 If the contractor fails to clean up as provided in the Contract Documents after
reasonable notice from Owner of such failure, the Owner may do so and the cost thereof
shall be charged to the Contractor.
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.
Agreement for Construction — Rehabilitation of Arrington Road— RFP 4 19-096 Page 20
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3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall
defend suits or claims for infringement of patent rights and shall hold the Owner and
Engineer harmless from loss (including but not limited to 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 -SUS -
CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C)
ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED
IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT
IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE
FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE
CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON
STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE
INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING
PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A
VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER
REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES
OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3)
FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES
AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER
THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION
HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE
OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE
EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.48. 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
Agreement for Construction— Rehabilitation of Airington Road— RFP 4 19-096 Page 21
Vol. 2cl 0 Pg. O
CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION
PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT.
3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an
employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on
amount or type of damages, compensation or benefits payable by or for the Contractor
or a Subcontractor under workers' or workmen's compensation acts, disability benefit
acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the
liability of the Engineer, the Engineer's consultants and agents and employees of any of
them arising out of. (1) the preparation or approval of maps, drawings, opinions, reports,
surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to
give, directions or instructions by the Engineer, the Engineer's consultants and agents
and employees of any of them, provided such giving, or failure to give; is -the primary
cause of the injury or damage. The indemnity for the Engineer, the Engineer's
Consultants, agents and employees does not extend to any indemnity prohibited by
Section 130.003 of the Texas Civil Practice and Remedies Code.
3.19 ADDITIONAL REQUIREMENTS
3.19.1 Contractor shall submit to Engineer, In writing, all substitutions proposed PRIOR
TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be
acceptable for project use, substitutions must be approved in writing by Engineer or by
appropriate addendum.
3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in
conflict with the Contract Documents, Contractor shall notify Engineer for clarification
before proceeding. A copy of the manufacturer's instructions shall be kept at job site
and made available to Engineer.
3.19.3 Contractor shall stop the Work affected when notified of a proposed change and
when unsatisfactory results are anticipated. Contractor shall proceed only after receiving
additional instructions from Engineer.
3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines,
and levels necessary for the Work, report errors and inconsistencies to Engineer, in
writing, before commencing work affected. Contractor shall be responsible for
placement of Project Work and shall make all corrections necessary to achieve an
accurate layout of Project Work.
3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner,
Engineer, and all local, State and Federal authorities having jurisdiction. All access
facilities shall be made safe and reasonably convenient.
3.19.6 Contractor shall prepare quotations, for proposed changes in the Work.
Quotations shall be in a "break -down" form giving the number of units, unit cost of
materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well
as extras.
Agreement for Construction—Rehabilitation of Arrington Road— RFP # Page 22
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3.19.7 Contractor shall furnish written warranties using the form directed by Owner or
Engineer.
3.19.8 Contractor shall secure required inspection certificates and transmit them to
Engineer and Owner.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.0 SCHEDULE OF WORK (at a maximum, in calendar days)
Day 0: Contractors receipt of Notice to Proceed
Submittals, as needed, to be provided within a reasonable time.
Day 150: Contractor attains Substantial Completion
Day 180: Contractor attains Final Completion
4.1- ENGINEER
4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity
lawfully practicing Engineering identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The term "Engineer" means
the Engineer or the Engineer's authorized representative or such representative as the
Engineer may designate, who may be employed by the Engineer as a consultant.
4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or
"Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the
Contract Documents, or duly authorized representatives, such representatives acting
severally within scope of particular duties entrusted to them, unless otherwise provided
in Contract Documents.
4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in
the Contract Documents shall not be restricted, modified or extended without written
consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably
withheld.
4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a
new Engineer whose status under the Contract Documents shall be that of the former
Engineer.
4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT
4.2.1 The Engineer, acting in consultation with Owner's representative, will provide
administration of the Contract as described in the Contract Documents: (1) during
construction; (2) until final payment is due, and (3) with the Owner's concurrence, from
time to time during the correction period described in Paragraph 12.2. The Engineer 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
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appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner
and Engineer, and as Engineer deems necessary: (1) to become generally familiar with
and to keep the Owner informed about the progress and aesthetic quality of the portion
of the Work completed; (2) to endeavor to guard the Owner against defects and
deficiencies in the Work, and (3) to determine in general if the Work observed is being
performed in a manner indicating that the Work, when completed, will be in general
accordance with the Contract Documents. However, the Engineer will not be required to
make exhaustive or continuous on-site evaluations or inspections to check the quality or
quantity of the Work. The Engineer will neither have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or procedures,
or for the safety or health precautions and programs in connection with the Work, since
these .are solely the Contractor's rights and responsibilities under the Contract
Documents, except as provided'in Subparagraph 3.3.1.
4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for
additional site visits made necessary by fault, neglect or request of Contractor.
4.2.3 The Engineer will not have control over or charge of and will not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be
responsible for the Contractor's failure to perform the Work in accordance with the
Contract Documents orfailure to complete Work on schedule. The Engineerwill 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
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Vol. O ` Pg. __,_3 ,
necessary by such failure, including those of repeated procedures shall be at
Contractor's sole expense, including compensation for Engineer's services and
expenses.
4.2.7 The Engineer will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. Such review and action on the part of
the Engineer is limited to only those submittals required by the Contract Documents. The
Engineer's action will be taken with such reasonable promptness as to cause no delay
in the Work or in the activities of the Owner, Contractor or separate contractors, while
allowing sufficient time in the Engineer's professional judgment to permit adequate
review by the Engineer, Engineer's consultants and Owner, if needed. Review of such
submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain
the responsibility of the Contractor as required by the Contract Documents. The
Engineer's review of the Contractor's submittals shall not relieve the Contractor of the
obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not
constitute approval of safety or health precautions or, unless otherwise specifically stated
by Engineer, of any construction means, methods, techniques, sequences or
procedures. The Engineer's review or approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
4.2.8 The Engineer will prepare Change Orders and Construction Change Directives,
or other change documents for changes in the Work for the Owner's approval and
execution, and the Engineer may authorize minor changes in the Work as provided in
Paragraph 7.4.
4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates
of Substantial Completion and the date of final completion. The Engineer may receive
and forward to the Owner for the Owner's review and records written warranties and
related documents as required by the. Contract Documents and assembled by the
Contractor, and will issue a final Certificate for Payment based upon final inspection
indicating the Work complies with the requirements of the Contract Documents.
4.2.10 if the Owner and Engineer agree, Engineer will provide one or more project
representatives to assist in carrying out the Engineer's responsibilities at the site. The
duties, responsibilities and limitations of authority of such project representatives shall
be as set forth in an exhibit to be incorporated in the Contract Documents.
4.2.11 The Engineer will interpret and decide matters concerning performance under,
and requirements of, the Contract Documents on written request of either the Owner or
Contractor. The Engineer's response to such requests will be made in writing within any
time limits agreed upon or otherwise with reasonable promptness. If no agreement is
made concerning the time within which interpretations required of the Engineer shall be
furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on
account of failure by the Engineer to furnish such interpretations until twenty (21) days
after written request is received.
Agreement for Construction— Rehabilitation of Arrington Road — RFP 619-096P e25
Vol. a �o pg.
4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the
form of drawings.
4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will
be final, if consistent with the intent expressed in the Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money and
extension of time or other relief with respect to the terms of the Contract. The term
"Claim" also includes other disputes and matters in question between the Owner and
Contractor arising out of, or relating to, the Contract. Claims must be made by written
notice. The responsibility to substantiate Claims shall rest with the party making the
Claim.
4.3.1.1 Claims must contain following:
.1 Date of the event giving rise to such Claim and, if applicable, date when
the event ceased;
.2 Nature of occurrence or condition giving rise to the Claim;
.3 Identification of contractual provisions affected and a detailed explanation
of how the Claim is contrary to those provisions;
.4 An estimate of effect upon the Contract Sum, including an itemized
breakdown of additional cost, if any;
.5 An estimate of the. effect _upon _ the Project Schedule, including a
comparison of Project Construction Schedule and schedules prepared in
connection with the Claim. If required by Owner or Engineer, this shall
include showing in CPM format, both critical and non-critical path activities
affected and showing Project Construction Schedule and Claim
sequences, durations and float substantiating delay claimed.
4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by
the Engineer, shall be referred initially to the Engineer for action as provided in
Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph
4.4.4, shall be required as a condition precedent to litigation of a Claim between the
Contractor and Owner as to all such matters arising prior to the date final payment is
due, regardless of: (1) whether such matters relate to execution and progress of the
Work, or (2) the extent to which the Work has been completed.
4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party
must be. initiated and submitted within twenty-one (21) days after occurrence of 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
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Contractor shall proceed diligently with performance of the Contract and the Owner shall
continue to make payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute
a waiver of Claims by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the
Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents; or
.3 terms of special warranties required by the Contract Documents.
4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered
at the site which are: (1) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents, or (2)
unknown physical conditions of an unusual nature, which differ materially from
those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents,
then notice by the observing party shall be given to the other party promptly before
conditions are disturbed. The Engineer will promptly investigate and evaluate
such conditions and, if they differ materially and cause an increase or decrease
in the Contractor's cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract Sum or Contract
Time, or both. if the Engineer determines that the conditions at the site are not
materially different from those indicated in the Contract Documents and that no
change in the terms of the Contract is justified, the Engineer shall so notify the
Owner and Contractor in writing, stating the reasons. Claims by either party in
opposition to such determination must be made and submitted within twenty-one
(21) days after the Engineer has given notice of the decision. If the Owner and
Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,
the adjustment shall be referred to the Engineer for initial determination, subject
to further proceedings pursuant to Paragraph 4.4. .
4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an
increase in the Contract Sum, written notice as provided herein shall be given before
proceeding to execute the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Paragraph 10.6. If the Contractor
believes additional cost is involved for reasons including but not limited to: (1) a written
interpretation from the Engineer; (2) an order by the Owner to stop the Work where the
Contractor was not at fault; (3) a written order for a minor change in the Work issued by
the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the
Owner; (6) Owners suspension, or (7) other reasonable grounds, Claim shall be filed in
accordance with this Paragraph 4.3.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time,
written notice as provided herein shall be given. The Contractor's Claim shall
demonstrate that the task is on the critical path and identify the new completion date. In
the case of a continuing delay, only one Claim is necessary.
4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay
applications. The delay impacting the critical path shall be addressed no later than the
Agreement for Construction—Rehabilitation of Arrington Road—RFP 9 19-096 Page 27
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pay application for the month following the month in which the time was lost.
4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered
when determining if Contractor is entitled to additional time.
4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time,
such Claim shall be documented by data substantiating that weather conditions were
abnormal for the period of time, could not have been reasonably anticipated, that weather
conditions had an adverse effect on the scheduled construction and that the activities
delayed by weather were on the critical path.
4.3.8.2.1 ` Acceptable data for substantiating a claim for additional time 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 or for concurrent delays due to fault of Contractor.
4.3.9 Injury or Damage to Person or Property. if either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,
of any of the other party's employees or agents, or of others for whose acts such party
is legally liable, written notice of such injury or damage, whether or not insured, shall be
given to the other party within a reasonable time not exceeding twenty-one (21) days
after first observance. The notice shall provide sufficient detail to enable the other party
to investigate and evaluate the matter.
4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon,
and if quantities originally contemplated are materially changed in a proposed Change
Order or Construction Change Directive, so that application of such unit prices to
quantities of Work proposed will cause substantial inequity to the Owner or Contractor,
the applicable unit prices shall be equitably adjusted.
4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if
Contractor files a claim against Owner.
4.3.12 Contractor, not owner, shall handle any disputes which may arise between
subcontractor and owner.
4.3.13 Owner will 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
Agreement for Construction — Rehabilitation of Arrington Road — RFP # 19-096 Page 28
vol. O pg. I
in the contract that are not used or provided by the contractor in completion of the
contract.' This term supersedes any contradicting terms throughout the contract and or
any attachments.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 Decision of Engineer:
Claims, including those alleging an error or omission by the Engineer but
excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to
the Engineer for decision. An initial decision by the Engineer shall be required as a
condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between
the Contractor and Owner arising prior to the date final payment -is due, unless thirty (30)
days have passed after the Claim has been referred to the Engineer with no decision
having been rendered by the Engineer. The Engineer will not decide disputes between
the Contractor and persons or entities other than the Owner.
4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt
of the Claim take one or more of the following preliminary actions within ten (10) days of
receipt of a Claim: (1) request additional supporting data from the claimant or a response
with supporting data from the other party; (2) reject the Claim in whole or in part; (3)
recommend approval of the Claim by the other party; (4) suggest a compromise, or (5)
advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks
sufficient information to evaluate the merits .of the Claim or if the Engineer concludes
that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to
resolve the Claim.
4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with
or seek information from either party or from persons with special knowledge or expertise
who may assist the Engineer in rendering a decision. The Engineer may request the
Owner to authorize retention of such persons at the Owner's expense.
4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish
additional supporting data, such party shall respond, within ten (10) days after receipt of
such request and shall either, provide a response on the requested supporting data, .
advise the Engineer when the response or supporting data will be furnished, or advise
the Engineer that no supporting data will be furnished. Within twenty-one (21) days of
receipt of the response or supporting data, if any, the Engineer will either reject or approve
the Claim in whole or in part.
4.4.5 if a Claim has not been resolved after consideration of the foregoing and of further
evidence presented by the parties or requested by the Engineer, the Engineer will notify
the parties in writing that the Engineer's decision will be made within seven (7) days.
Upon expiration of such time period, the Engineer will render to the parties the Engineer's
written decision relative to the Claim. If any change in the Contract Sum or Contract
Time or both is included as part of the Engineer's decision, Engineer will be required to
submit his decision to the Brazos County Commissioners Court for final approval. If there
is a surety and there -appears to be a possibility of a Contractor's default, the Engineer
may, but is not obligated to, notify the surety and request the surety's assistance in
resolving the controversy.
Agreement for Construction—Rehabilitation of Arrington Road—RFP 9 19.096 Page 29
Vol.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor
to perform a portion of the Work at the site. The term "Subcontractor" is referred to
throughout the Contract Documents as if singular in number and means a Subcontractor
or an authorized representative of the Subcontractor. The term "Subcontractor" does
not include a separate contractor or subcontractors of a separate contractor.
5.1.2 A Sub --subcontractor is a person or entity who has a direct or indirect contract
With a Subcontractor to perform a portion of the Work at the site. The term "Sub -
subcontractor" is referred to throughout the Contract Documents as if singular in number
and means a Sub -subcontractor or an authorized representative of the Sub -
subcontractor.
5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate
directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is
necessary to obtain information necessary for the Engineer or Engineer's consultants to
complete its services on the Project. The Engineer shall endeavor to keep Contractor
informed of conversations. Requests for information, interpretation or clarification, and
correspondence must all be in writing and must be routed through Contractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.2.1 Unless otherwise stated in the Contract. Documents or the bidding requirements,
the Contractor, within fourteen (14) days after award of the Contract, shall furnish in
writing to the Owner through the Engineer the names of persons or entities (including
those who are to furnish materials or equipment fabricated to a special design) proposed
for each principal portion of the work. The Engineer will promptly reply to the Contractor
in writing stating whether or not the Owner or the -Engineer, after due investigation, has
reasonable objection to any such proposed person or entity. Failure of the Owner or
Engineer to reply promptly shall. constitute notice, of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to which the
Owner or Engineer has made reasonable and timely objection. The Contractor shall not
be required to contract with anyone to whom the Contractor has made reasonable
objection.
5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed
by the Contractor, the Contractor shall propose another to whom the Owner or Engineer
has no reasonable objection. The Contract Sum shall be increased or decreased by the
difference in cost occasioned by such change and an appropriate Change Order shall
be issued. However, no increase in the Contract Sum shall be 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
Agreement for Construction — Rchab7itation of Arrington Road --RFP # 19-096 Page 30
VAI. a9� pg.b 2
for any portion of the work shall not constitute reason for an increase in the Contract
amount.
5.3 SUBCONTRACTUAL RELATIONS.
By appropriate written agreement, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be
bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these
Documents, assumes toward the Owner and Engineer. Each subcontractor agreement
shall preserve and protect the rights of the Owner and Engineer under the Contract
Documents with respect to the Work to be performed by the Subcontractor so that
subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor,
unless specifically provided otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the Contractor, by the Contract
Documents, has against the Owner. Where appropriate, the Contractor shall require
each Subcontractor to enter into similar agreements with Sub—subcontractors.
The Contractor shall make available to each proposed Subcontractor, prior to the
execution .of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound and, upon written request of the Subcontractor, identify to
the Subcontractor terms and conditions of the proposed subcontract agreement which
may be at variance with the Contract Documents. Subcontractors shall similarly make
copies of applicable portions of such documents available to their respective proposed
Sub—subcontractors.
5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and
persons either, directly or indirectly, employed by them or under their control, as
Contractor is for their own employees.
5.3.3 Nothing in Contract Documents creates any contractual relationship between any
Subcontractor or Sub -subcontractor, or other tiers, and Owner -or Engineer, except for
provisions in paragraph 5.4.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS -
5.4.1 Each subcontract agreement for a. portion of the Work is assigned by the
Contractor to the Owner provided that:
.1 Assignment is effective only after termination of the Contract by the Owner
for cause pursuant to Paragraph 14.2 and only for those subcontract
agreements which the Owner accepts by notifying the Subcontractor in
writing, and
.2 Assignment is subject to the prior rights of the surety, if any, obligated
under bond relating to the Contract.
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.
Agreement for Construction— Rehabilitation of Arrington Road — RFP tl 19.096 Page 31
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ARTICLE 6
CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
6.1.1 Owner reserves the right to perform construction or operations related to the
Project with the Owner's own forces and to award separate contracts in connection with
other portions of the Project or other construction of operations on the site under
Conditions of the Contract identical, or substantially similar, to these including those
portions related to insurance and waiver of subrogation. If the Contractor claims that
delay or additional cost is involved because of such action by the Owner, the Contractor
shall make such Claim as provided in Paragraph 4.3.
6.1.2 When separate contracts are awarded for different portions of the Project or other
construction of operations on the site, the term "Contractor' in the Contract Documents
in each case shall mean the Contractor who executes each separate Owner—Contractor
Agreement.
6.1.3 The Owner shall provide for coordination of the activities of the Owner's own
forces and of each separate contractor with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other separate contractors
and the Owner in reviewing their construction schedules when directed to do so. The
Contractor shall make any revisions to the construction schedule and Contract Sum
deemed necessary after a joint review and mutual agreement. The construction
schedules shall then constitute the schedules to be used by the Contractor, separate
contractors and the Owner until subsequently revised.
6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs
construction or operations related to the Project with the Owner's own forces, the Owner
shall be deemed to be subject to the same obligations and to have the same rights which
apply to the Contractor under the Conditions of the Contract, including, without excluding
others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable
opportunity for introduction and storage of their materials and equipment and
performance of their activities and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner or a separate contractor, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to the Engineer
apparent discrepancies or defects in such other construction that would render it
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
Agreement for Construction — Rehabilitation of Arrington Road— RPP N 19-096 Page 32
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or defective construction of the Contractor. The Owner shall be responsible to the
Contractor for costs incurred by the Contractor because of delays, improperly timed
activities, and damage to the Work or defective construction of a separate contractor.
6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to
completed or partially completed construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
6.2.6 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 1N THE WORK:
7.1 CHANGES _
7.1.1 Changes in the Work may be accomplished after execution of the Contract and
without invalidating the Contract, by Change Order, Construction Change Directive or
orderfor a minor change in the Work, subject to the limitations stated in this Article 7 and
elsewhere in the Contract Documents.
7.1.2 -A _Change -Order shall be based upon agreement among the Owner, Contractor
and Engineer, a Construction Change Directive requires agreement by the Owner and
Engineer and may or may not be agreed to by the Contractor and an order for a minor
change in the Work may be issued by the Engineer alone.
7.1.3 Changes in the _Work shall be performed under applicable provisions of the
Contract-- Documents -and the Contractor shall proceed promptly, unless otherwise
provided_ -in the Change_=Order, Construction Change Directive or order for a minor
change in the Work.
7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon,
and if quantities originally contemplated are so changed in a proposed Change Order or
Construction Change Directive that application of such unit prices to quantities of Work
proposed, wil[ 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; -Con " tractor and Engineer, stating their agreement upon all of the.following:
.1 a hnge 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.
Agreement for Construction—Rehabilitation of Arrington Road— RFP # 19-096 Page 33
Vol. a.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order prepared by the Engineer and
signed by the Owner and Engineer directing a change in the Work and stating a proposed
basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner
may by Construction Change Directive, without invalidating the Contract, order changes
in the Work within the general scope of the Contract consisting of additions, deletions or
other revisions, the Contract Sum and Contract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in the absence of total agreement
on the terms of a Change Order.
7.3.3 If the Construction Change Directive provides for an adjustment to the Contract
Sum, the adjustment shall be based on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating date to permit evaluation;
.2 unit prices stated in the Contract Documents or subsequently agreed upon;
.3 cost to be. determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or.
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly
proceed with the change in the Work involved and advise the Engineer of the
Contractor's agreement or disagreement with the method, if any, provided in the
Construction Change Directive for determining the proposed adjustment in the Contract
Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contractor indicates the
agreement of the Contractor therewith, including adjustment in Contract Sum and
Contract Time or the method for determining them. Such agreement shall be effective
immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees with the method for
adjustment in the Contract Sum, the method and the adjustment shall be determined by
the Engineer on the basis of reasonable expenditures and savings of those performing
the Work attributable to the change, including, in case of an increase in the Contract
Sum, a reasonable allowance for overhead and profit. In such case, and also under
Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may
prescribe, an itemized accounting together with appropriate supporting data. Unless
otherwise provided in the Contract Documents, costs for the purposes 'of this
Subparagraph 7.3.6 shall be limited*to the following:
.1 costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers'
or workmen's compensation insurance;
.2 costs of materials, supplies and equipment, including cost of
transportation, whether incorporated or consumed;
.3 rental costs of machinery and equipment, exclusive of hand tools, whether
rented from the Contractor or others;
.4 costs of premiums for all bonds and insurance, permit fees, and sales, use
or similar taxes related to the Work;
.5 additional costs of supervision and field office personnel directly
Agreement for Construction— Rehabilitation of Arrington Road —RFP # 19-096 Page 34
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attributable to the change; and
.6 the maximum allowance for overhead and profit combined included in the
total cost to Owner shall be based on the following schedule:
A. for Contractor, for any work performed by his own forces, 15% of
the cost;
B. for each subcontractor involved, work performed by his own forces,
10% of the cost;
C. for Contractor, for work performed by his subcontractor, 5% of the.
amount due the subcontractor.
7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion
or change which results in a net decrease in the Contract Sum shall be actual net cost
as confirmed by the.Engineer. When both additions and credits covering related Work
or substitutions are involved in a change, the allowance for overhead and profit shall be
figured on the basis of net increase, if any, with respect to that change. If the net value
of a change- results in a credit from Contractor oe subcontractor, the credit given shall -be
the net cost, overhead and profit.
7.3.8 Pending final determination of the total cost of a Construction Change Directive to
the Owner, amounts not in dispute for such changes in the Work shall be included in
Applications for Payment accompanied by a Change Order indicating the parties'
agreement with part or all of such costs. For any portion of such cost that remains in
dispute, the Engineer will make an interim determination for purposes of monthly
certification' for payment for those costs. That determination of cost shall adjust the
Contract Sum on the same basis as a Change Order, subject to the right of either party
to disagree and assert a claim in accordance with Article A.-
7.3.9 When the Owner and Contractor agree with the determination made by the
Engineer concerning the adjustments in the Contract Sum and Contract Time, or
otherwise reach agreement upon the adjustments, such agreement shall be effective
immediately and shall be recorded by preparation and execution of an appropriate
Change -Order.
7.4 MINOR CHANGES IN THE WORK
7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes
in the Work not involving adjustment in the Contract Sum or extension of the Contract
Time and not inconsistent with the intent of the Contract Documents. Such changes.
shall be effected by written order and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written orders promptly.
ARTICLE 8
TIME
8.1 DEFINITIONS
8.1.1 The Contractor shall achieve substantial completion of the Work not later than
one hundred and fifty (150) 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
Agreement for Construction —Rehabilitation of Arrington Road— RFP # I9-096 Page 35
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Contractor of the written notice to proceed from either the Owner or the Engineer."
8.1.3 The date of Substantial completion is the date certified by the Engineer in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the contract documents shall mean calendar day.
8.1.5 The term "critical path" as used in the Contract Documents shall mean the
project's tasks that will cause the project end date to be delayed if they are delayed. The
word "critical" does not imply how important a task is; a task is critical solely because it
must occur as,scheduled for the project to finish on time.
8.1.6 The term "free slack time" as used in the Contract Documents shall mean the
amount of time a task can be delayed without delaying another task.
8.1.7 The term "total slack time" as used in the Contract Documents shall mean the
amount of time a task can be delayed without delaying the finish date of the project.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in this Agreement are of the essence of the contract. By
executing the Agreement, the Contractor confirms that the Contract Time is a reasonable
period for performing the Work.
8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere or store materials or
equipment on -site prior to the effective date of insurance required by Article 11 to be
furnished by the Contractor and Owner. The date of commencement of the Work shall
not be changed by the effective date of such insurance. Unless the date of
commencement is established by the Contract Documents and a notice to proceed given
by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days
or other agreed period before commencing the Work to permit the timely filing of
mortgages, mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall
achieve Substantial Completion within the Contract Time.
8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in
accordance with established schedule.
8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and
coordination problems, and proposing measures to avoid such problems
8.2.6 Whenever it becomes apparent that any activity completion date may not be met,
unless delay is related to an approved extension of time, Contractor shall take some or
all of following actions and submit supplementary schedule indicating effect of action on
progress and completion of Work, all without additional costs to Owner;
.1 increase number of working hours per shift, shifts per working days,
working days per week, or amount of construction equipment, or any
combination of foregoing which will substantially eliminate backlog of Work,
and put Project back on schedule, and/or,
.Agreement for Constmetion—Rehabilitation of Arrington Road—RFP # 19-096 Page 36
Vd. o pg. 1 q5
.2 increase construction manpower in such quantity as will substantially
eliminate backlog of Work, and put Project back on schedule, and/or,
.3 reschedule activities to achieve maximum practical concurrency of
accomplishment of activities, and put Project back on schedule.
8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within
three (3) days after receiving written notice, Owner, may take action to attempt to put
Project back on 'schedule, and deduct cost of such actions from money due or to become
due Contractor, or shall be grounds for determination by. Owner that Contractor is not
prosecuting Work with such diligence as will insure completion within Contract Time.
Upon such determination, Owner may terminate Contractor's right to proceed with Work,
or any separable part thereof, in accordance with provisions of Article 14.
8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays
in completion of Work due to actions or inactions of Contractor or any Subcontractors.
Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option,
these costs may be deducted from any amounts otherwise due Contractor.
8.3 DELAYS AND EXTENSION OF TIME
8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is
delayed at any time in the commencement or progress of the Work by an act or neglect
of the Owner or Engineer, or of an employee of either, or of a separate Contractor
employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire,
adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable
casualties or other causes beyond the Contractor's control, or by delay authorized by the
Owner, or by other causes which the Owner determines may justify delay, then the
Contract Time shall be extended by Change Order for such reasonable time as the
Engineer and Owner may determine.
.1 If at least seven (7) hours of work time are available out of the working day,
no extensions of time will be allowed;
.2 No extension of time will be allowed for Saturdays, Sundays, or holidays
unless the Contract requires and stipulates overtime work and- it. has been
approved in writing by Owner; and
.3 Time extensions will not be allowed for drying of materials when it is
possible for the Contractor to enclose area and materials or use an
acceptable drying process.
8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project
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
Agreement for Construction — Rehabilitation of Arrington Road — RFP # 19.096 Page 37
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or re-execution of defective work, or extent of number of Engineer's interpretations or
clarifications of the Contract Documents, shall not, under any circumstances, be
construed as neglect or intentional interference with Contractor's performance of the
Work.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is ONE MILLION, FOURTY HUNDRED SEVENTY THREE
THOUSAND, FIVE HUNDRED TWENTY DOLLARS, EIGHTY FIVE -CENTS
($ 1,473,520.85) and, subject to authorized adjustments as provided in this Agreement,
is the total amount payable by the Owner to the Contractor for performance of the Work.,
9.2 SCHEDULE OF VALUES
9.2.1 Unless otherwise provided in the Contract documents, before the first application
for Payment, the Contractor shall submit to the Engineer a schedule of values allocated
to various portions of ,the Work prepared in such form and supported by such data to
substantiate its accuracy as the Engineer may require. This schedule, unless objected
to.by the Engineer, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of
work for which he wishes to have separate values included, and those items for which he
will require material quantities to be shown.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days
before the date established for each progress payment, the Contractor shall submit to
the Engineer an itemized Application for Payment for operations completed in
accordance with the schedule of values. Such application shall be notarized and
supported by such data substantiating the contractor's right to payment including the
most current Contractors Construction Schedule and/or copies of requisitions from
Subcontractors and material providers as the Owner or Engineer may require, and
reflecting retainage if provided for elsewhere in the .Contract documents.
9.3.1.2 Such applications may not include requests for payment of amounts the
Contractor does not intend to pay to a Subcontractor or material supplier because of a
dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made
on account of materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work. If approved in advance by the Owner, payment
may similarly be made for materials and equipment suitably stored off the site at a
location agreed upon. in writing. Payment for materials and equipment stored on or off
the site shall be conditioned upon compliance by the Contractor with procedures
satisfactory to the Owner to establish the Owner's title to such materials and equipment
or otherwise protect the Owner's interest, and shall include applicable insurance, storage
and transportation to the site for such materials and equipment stored off the site.
Agreement for Construction— Rehabilitation of Arrington Road—RFP # 19.096 Page 38
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9.3.3 The Contractor warrants that title to all Work covered by an Application for
Payment will. pass to the Owner no later than the time of payment. The Contractor further
warrants that upon submittal of an Application for Payment all Work for which Certificates
for Payment have been previously issued and payments received from the Owner shall,
to the best of the Contractor's knowledge, information and belief, be free and clear of
liens, claims, security interests or encumbrances in favor of the Contractor,
Subcontractors, material suppliers or other persons or entities making a claim by reason
of having provided labor, materials and equipment relating to the Work.
9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the
cost of the work performed and 95% of the materials on hand in accordance with
paragraph 9.3.2 above, as of the last day of each month.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's
Application for Payment and the Engineers site visit, either, issue to the Owner a
Certificate for Payment for such amount as the Engineer determines is properly due or
notify the Contractor and Owner in writing of the Engineer's reasons for withholding
certification in whole or in part as provided in Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will constitute a representation by the
Engineer to the Owner, based on the Engineer's observations at the site and the data
comprising the Application for Payment, that the Work has progressed to the point
indicated and that, to the best of the Engineer's knowledge, information and belief, the
observed aesthetic quality of the Work is in accordance with the Contract Documents.
The Engineer's Certificate for Payment shall be based, in part, on the recommendation
of the Contractor. The foregoing representations are subject to an evaluation of the Work
for conformance with the Contract documents upon Substantial Completion, to results of
subsequent tests and inspections, to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications expressed by the Engineer.
The issuance of a Certificate -for Payment will further constitute a representation that the
Contractor is entitled to payment in the amount certified. However, the issuance of a
Certificate for Payment will not be a .representation that the Engineer has: (1) made
exhaustive or continuous on—site evaluations and/or inspections to check the quality or
quantity of the Work; (2) reviewed construction means, methods, techniques, sequences
or procedures; (3) reviewed copies of requisitions received from Subcontractors and
material suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment; or (4) made examination to ascertain how or for what
purpose the contractor has used money previously paid on account of the Contract Sum.
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
Agreement for Construction — Rehabilitation of Arrington Road— RFP # 19-09 Page 39
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subsequent observations, may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the Engineer's opinion to
protect the Owner from loss because of -
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of
such claims;
.3 failure of the Contractor to make payments properly to Subcontractors or,
for labor, materials or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid
balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be completed within the.
contract Time, and that the unpaid balance would not be adequate to cover
actual or liquidated damages for the anticipated delay;
.7 persistent failure to. carry out the Work in accordance with the Contract
Documents;
.8 failure to comply with the approved Project Construction Schedule;
.9 erroneous estimates by the Contractor or a Sub -contractor of values of
Work performed, or
.10 the existence of any event of default under the Contract Documents.
9.5.2 When the above reasons for withholding certification are removed, certification
will be made for amounts previously withheld.
9.6 PROGRESS PAYMENTS '
9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and
shall so notify the Engineer.
9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after
receipt of Certificate for Payment from Engineer.
9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's
certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due
to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive.
9.6.2 The Contractor shall pay each Sub -contractor any due amounts in accordance
with Texas Law. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in
similar manner.
9.6.3 The Engineer will, on request, furnish to a Sub -contractor, if practicable,
information regarding percentages of completion or amounts applied for by the
Contractor and action taken thereon by the Engineer on account of portions of the Work
done by such Sub -contractor.
9.6.4 The Owner has the right to request written evidence from the Contractor that the
Contractor has properly paid Subcontractors and material and equipment suppliers
amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor
fails to furnish such evidence within seven (7) days, the Owner shall have the right to
Agreement for Construction — Rehabilitation of Arrington Road — RFP # 19-09. a e 40
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contact Subcontractors to ascertain whether they have been properly paid. Neither the
Owner nor Engineer shall have an obligation to pay, or to see to the payment of money,
to a Subcontractor except as may otherwise be required by law.
9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be
treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or
occupancy of the Project by the Owner shall not constitute acceptance of Work not in
accordance with the contract Documents.
9.7 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 owing has been received. The Contract Time
shall be extended appropriately and the Contract Sum shall be increased by the amount
of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for
in the Contract Documents.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is
complete in accordance with the Contract Documents so the Owner can occupy or utilize
the Work for its intended use.
9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor
considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall thoroughly inspect the Work
and prepare and submit to the Engineer a comprehensive list of items to be completed
or corrected, Contractor's Notice of Substantial Completion, and a written request for
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
Agreement for Construction—Rehabilitation of Arrington Road—RFP # 19.096 Page 41
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Owner to determine Substantial Completion.
9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate
of Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of the Owner and Contractor for security, maintenance, heat,
utilities, damage to the Work and insurance, and shall fix the time within which the
contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance or responsibilities
assigned to them in such Certificate.
9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and
Contractor for their written acceptance of responsibilities assigned to them in such
Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make
payment of retainage applying to such Work or designated portion thereof. Such
payment shall be adjusted for Work that is incomplete or not in accordance with the
requirements of the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy, or use, any completed or partially completed portion of
the Work at any stage when such portion is designated by separate agreement with the
Contractor, provided such occupancy or use is consented to by the insurer as required
under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction
over the Work. Such partial occupancy, or use, may commence whether 'or not the
portion is substantially complete provided that the Owner and Contractor have accepted
in writing the responsibilities assigned to each of them for payments, retainage if any,
security, maintenance, heat, utilities, damage to the Work and insurance, and have
agreed in writing concerning the period for correction of the Work and commencement
of warranties required by the Contract Documents. When the Contractor.considers a
portion substantially complete, or the Owner 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 Subparagraph 9.8.2. Consent of the
Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of
the progress of the Work shall be determined by written agreement between the Owner
and Contractor or, if no agreement is reached, by decision of the Engineer.
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
Agreement for Construction— Rehabilitation ofAningtonRoad — RFP # 19-096 Page 42
Notice of Final Completion written notice certifying that the Work is sufficiently complete
in accordance with the Contract Documents, that the Contract is fully performed, that the
Work is ready for final inspection and acceptance and upon receipt of a final Application
for Payment, the Engineer and Owner will in a reasonable time, make such inspection
and when the Engineer and Owner finds the Work acceptable under the Contract
Documents and the Contract sufficiently performed, the Engineer will promptly issue a
final Certificate for Payment stating that to the best of the Engineer's knowledge,
information and belief, and on the basis of the Engineer's and Owner's on-site visits and
inspections, the Work has been sufficiently completed in accordance with terms and
conditions of the Contract Documents. The Engineer's final Certificate for Payment will
constitute a further representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment have been -fulfilled.
However, 95% of the --contract amount will be due and payable to Contractor as noted in
said final Certificate, with the remaining 5% retainage due and payable to the Contractor
within thirty (30) days after acceptance of the Work by the Owner.
9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor
any remaining retained percentage shall become due until the Contractors submits to
the -Engineer: (1). an affidavit -that payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the Owner or the Owner's property
might be responsible or encumbered (less amounts withheld by Owner) have been paid
or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract
Document to remain in force after final payment is currently in effect and will not be
canceled -or allowed to expire until at least thirty (30) days' prior written notice has been
given to the Owner; (3) a written statement that the Contractor knows of no substantial
reason -that the insurance will not be renewable to cover the period required by the
Contract- Documents; (4) consent of surety, if any, to final payment, and .(5) if required
by the Owner, other data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests or encumbrances
arising out of the Contract, to the extent and in such form as may be designated by the
Owner;_for-Owner's review and approval. If a Subcontractor refuses to furnish a release
or waiver --required by the Owner, the Contractor may furnish a bond satisfactory to the
Owner to. indemnify the Owner against such lien. if such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Owner all money that the Owner
may be compelled to pay in discharging such lien, including all costs and reasonable
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
stipulated - in --the -Contract Documents and if bonds have been furnished the written
consent of surety -to- payment of the balance due for that portion of the Work fully
completed- and accepted shall by submitted by the Contractor to the Engineer prior to
certification of such payment. Such payment shall be made under terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will
Agreement for Construction— Rehabilitation of Arrington Road—RPP # 19-096 Page 43
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be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment
has been issued by Engineer.
9.10AThe making of final payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the
Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents;
.3 terms of special warranties required by the Contract Documents, or
.4 non -conforming, faulty or defective Work appearing at or after final
payment.
9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material
supplier shall constitute a waiver of claims by that payee except those previously made
in writing and identified by that payee as unsettled at the time of final Application for
Payment.
9.11 LIQUIDATED DAMAGES -- 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 equipment to be incorporated therein, whether
in storage on or off the site, under care, custody or control of the Contractor
or the Contractor's Subcontractors or Sub—subcontractors; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns
walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
10.2.2 The Contractor shall comply with and give notices required by applicable laws,
statutes, ordinances, codes; standards,- rules, regulations, policies and lawful orders of -
public authorities (including reference standards Issued under the Occupation Safety Act
and the Occupancy Safety and Health Administration) bearing- on safety and health of
persons or property or their protection from damage, injury or foss.
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
Agreement for Construction—Rehabilitation of Arrington Road—RFP 0 19-096 Page 44
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posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
10.2.4 When use or storage of hazardous materials or equipment or unusual methods
are necessary for execution of the Work, such as driving, or removal of piles, wrecking,
demolition, excavation or other similar potentially dangerous work is necessary, the
Contractor shall exercise utmost care and cant' 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, gas pipes, sewer pipes,
telephone cables, electric cables, railroads or otherwise who may be affected by
Contractor's operation, in order that they may remove any obstruction for which they are
responsible and have representative on site to see that their property is properly
protected. Such notice does not relieve Contractor of responsibility for any damages,
claims, and defense of all actions against Owner and Engineer resulting from
performance of such Work in connection with or arising out of Contract.
Agreement for Construction — Rehabilitation of Arrington Road —RPP # 19.096 Page 45
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10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor
shall perform Work with the explicit understanding that the design of the Project is based
on all parts of Work having been completed and as such, the methods of performance
of each part of Work shall be done accordingly.
10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and
hoisting devices, shoring, excavation, barricades, and safety and construction
procedures necessary in completion of Project shall be the responsibility of the
Contractor and its Subcontractors and shall comply with all applicable codes and
regulations. It shall not be responsibility of Owner, Engineer or their representatives to
determine if Contractor, Subcontractors or their representatives are in compliance with
the aforementioned regulations.
10.2.11 The Contractor shall comply with all Federal Occupational Safety and
Health Administration Hazard Communications Act (HAZCOM) requirements, including
properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The
Contractor shall ensure that all MSDS are compiled in. a single location at the Project
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
Agreement for Construction — Rehabilitation of Arrington Road — RFP # 19.096 Page 46
limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas,
industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding
mild chemicals used in the cleaning of finished building materials.
10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services
of a licensed laboratory to verify the presence or absence of the material or substance
reported by the Contractor and in the event such material or substance is found to be
present, to cause it to be rendered harmless. Unless otherwise required by the Contract
Documents, the Owner shall furnish in writing to the Contractor the names and
qualifications of persons or entities who are to perform tests verifying the presence or
absence of such material or substance or who are to perform the task of removal or safe
containment of such material or substance. The Contractor will promptly reply to the
Owner in writing stating whether or not either has reasonable objection to the persons or
entities proposed by the Owner. If the Contractor has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor has no
reasonable objection. When the material or substance has been rendered harmless,
Work-in the affected area shall resume upon written agreement of the Owner and
Contractor. By Change Order the Contract Time shall be extended appropriately and the
Contract Sum shall be increased in the amount of the Contractor's reasonable -additional
costs of shut -down, delay and start-up.
10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless
the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and
employees of any of them from and against claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from performance of
the Work in the affected area if in fact the material or substance presents the risk of. bodily
injury or death as described in Subparagraph 10.3.1 and has not been rendered
harmless, provided that such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction ,of tangible property (other
than the Work itself) except to the extent that such damage, loss or expense is to the fault
or negligence of the party seeking indemnity.
10.3.4 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
10.4.1 In an emergency affecting safety or health of persons or property, the Contractor
shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss.
Additional compensation or extension of time claimed by the Contradtor on account of an
Agreement for Constriction —Rehabilitation of Arrington Road—RFP 9 19-096 Page 47
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emergency shall be determined as provided in Paragraph 4.3. and Article 7.
10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents
arising out of, or in connection with, the performance of the Work, whether on or off the
site, which caused death, personal injury or property damage, giving full details and
statements of any witnesses. in addition, if death, serious personal injuries or serious
property damages are caused, the accident shall be reported immediately by telephone
or messenger to Owner and Engineer.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a company or companies
lawfully authorized to-do business in the State of Texas such insurance as will protect
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 a 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
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obligations under Paragraph 3.18.
(6) Owned, non_ -owned and hired motor vehicles.
(7) Broad Form Property Damage including Completed Operations.
.10 If General Liability coverages are provided by a Commercial General
Liability Policy on a claims -made basis, the policy date or Retroactive Date
shall predate the Contract; the termination date of the policy or applicable
extended reporting period shall be no earlier than the termination date of
coverages required to be maintained after final payment, certified in
accordance with Subparagraph 9.10.2.
11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than
the limits of liability specified in the Bid documents or as required by law, whichever
coverage is greater. Coverage shall be written on an occurrence basis and shall be
maintained without interruption from date of commencement of the Work until date of
final payment and termination of any coverage required to be maintained after final
payment.
11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than
the following limits, -or greater if required by law:
1. Workers' Compensation:
(a) State: Texas Statutory
(b) Applicable Federal (e.g., Longshoremen harbor work, Work at or
outside U.S. Boundaries):
Statutory: Not Applicable.
(c) Maritime: Not Applicable
(d) Employer's Liability: $ 500,000 each accident
$ 500,000 disease, policy limit
$ 500,000 disease, each employee
(e) Benefits required by union labor contracts: As Applicable
(f) "Texas Waiver of Our Right to Recover From Others Endorsement"
-shall be included in this policy. (Waiver of. Subrogation)
2. Comprehensive or Commercial General Liability (including Premises -
Operations; Independent Contractors' Protective: Products and Completed
Operations; Broad Form Property Damage):
(a) Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate
(b) Property Damage: $ .1,000,000 each occurrence
$1,000,000 aggregate
(c) Products and Completed Operations Insurance to be maintained for
a minimum period of five 5 year(s) after final payment:
(d) Property Damage Liability Insurance shall include coverage for the
following hazards:
1) X (Explosion).
2) C (Collapse).
3) U (Underground).
(e) Broad Form Property Coverage shall include Completed Operations.
(f). "Texas Waiver of Our Right to Recover From Others Endorsement'
shall be included in this policy. (Waiver of Subrogation)
Agreement for Construction —Rehabilitation of Arrington Road—RFP # 19-096 Page 49
Vol. iaQo pg, 008.
3. Contractual Liability:
(a) Bodily Injury: $1,000,000 each occurrence
(b) Property Damage: $1,000,000 each occurrence
$ 2,000,000 aggregate
4. Personal Injury with Employment Exclusion deleted: $1,000,000
aggregate
6. 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 -fled 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 feast thirty (30) days prior
written notice has been given to the Owner. If any of the foregoing insurance coverage
are required to remain in force after final payment and are reasonably available, an
additional certificate evidencing continuation of such coverage shall be submitted with
the final Application for Payment as required by Subparagraph 9.10.2.- Information
concerning reduction of coverage shall be furnished by the Contractor with reasonable
promptness in accordance with the Contractor's information and belief. Not later than
ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the
insurance certificate in accordance with the above requirements naming Owner as
additional insured.
11.2 OWNER'S LIABILITY INSURANCE:
11.2.1 The Owner reserves the right to be self-insured for any and all insurance of any
kind, type, or nature required by the Contract Documents.
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11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's
contingerit liability for claims which may arise from operations under the Contract.
.1 Bodily Injury:
$1,000,000 each occurrence
$ 1,000,000 aggregate
.2 Property Damage:
$1,000,000 each occurrence
$1,000,000 aggregate
11.3 PROPERTY INSURANCE
11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property
insurance written on a 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 properly insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by all persons- and entities whoare
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 lass 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
Agrument for Comtmetion—Rehabilitation of Arrington Road —RFP # 19-096 Page 51
EVof. a 0 6'g. , 0 .
Company of the Contractor's choice, generally referred to as a "Performance Bond" and
a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds
shall be on the form provided by Owner and shall be compatible with provisions of
governing authorities. Contractor shall file bonds with the Owner.
11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be
authorized to do business in the State of Texas.
11.4.3 Surety Company shall list the address and phone number of the home office of
its' principal place of business. Surety shall also provide the name, address and phone
number of the local Agent issuing the bonds.
11.4.4 Contractor shall require attomey-in-fact who executes required bonds on behalf
of surety to affix thereto a certified and current copy of power of attorney.
11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days
following the date the Agreement is entered into, or if Work is to be commenced prior
thereto in response to a letter of intent, Contractor shall, prior to commencement of Work,
submit evidence satisfactory to Owner that such bonds will be furnished..
11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of
bonds covering payment of obligations arising under the Contract, the Contractor shall
promptly furnish a copy of the bonds or shall permit a copy to be made.
11.4.7 Contractor shall keep surety informed of progress of Work and where necessary,
obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for
reduction or release of retention; (3) request for final payment; and (4) any other
information required by surety.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered .contrary to the Engineer's, Owner's or
governing authority's request or to requirements specifically expressed in the Contract
Documents, it must, if requested in writing by the Engineer, be uncovered for the
Engineers, 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
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12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer,
Owner or governing authority or failing to conform to the requirements of the Contract
Documents, whether observed before, or after, Substantial Completion and whether or
notfabricated, installed or completed. The Contractor shall bear costs'of correcting such
rejected Work, including additional testing and inspections and compensation for the
Engineer's services and expenses made necessary thereby.
12.2.2 AFTER SUBSTANTIAL COMPLETION
12.2.2.1 In addition_ to the Contractor's obligation under Paragraph 3.5, if, within one
(1) year after the date of Substantial Completion of the Work, or designated portion
thereof, or after the date for commencement of warranties established under
Subparagraph 9.9.1-, or by terms of an applicable special warranty required by the
Contract Document, any of the Work is found to be not in accordance with the
requirements of the Contract Documents, the Contractor shall correct it promptly after
receipt of -written notice from the Owner to do so unless the Owner has previously given
the Contractor a written acceptance of such condition. This period of one (1) year shall
be extended with respect to portions of Work first performed after Substantial Completion
by the -period of time between Substantial Completion and the actual performance of the
Work. This obligation -under this paragraph 12.2.2 shall survive acceptance of the Work
under the: Contract and termination of the Contract. The Owner shall give such notice
promptly after discovery of the condition.
12.2.2.2 The one (1) year period for correction of Work shall be extended with
respect to portions of Work first performed after Substantial Completion by the period of
time -between -Substantial Completion and the actual completion of that portion of the
Work.
12.2.2.3. The one (1) year period for correction of Work shall not be extended by
corrective Work performed by the Contractor pursuant to this Paragraph 12.2.
12.2.2.4 Upon- request of Owner and prior to, expiration of one (1) year from date of
Substantial Completion,. Engineer may conduct, and Contractor shall attend, a meeting
with Owner to review -facility operations and performance.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected
by the Contractor nor accepted by the Owner.
12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged,
construction, whether completed or partially completed, of the Owner or separate
contractors caused by the Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract Documents.
12.2.5 -Nothing contained in this Paragraph 12.2 shall be construed to establish a period
of limitation with respect to other obligations the Contractor has under the Contract
Documents. Establishment of the one (1) year period for correction of Work as described
in Subparagraph 12 -.2.2 relates only to the specific obligation of the Contractor to correct
the Work and has no relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the time within which
Agreement for Construction—Rehabilitation of Arrington Road—RFP # 19-096 Page 53
proceedings may be commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in accordance with the
requirements of the Contract Documents, the Owner may do so instead of requiring its
removal and correction, in which case the Contract Sum will be reduced as appropriate
and equitable. Contractor shall bear all direct, indirect and consequential costs
attributable to Owner's evaluation of and determination to accept such defective or
nonconforming Work (such costs to include but not limited to fees and charges of
Engineers, engineers, testing agencies, consultants, attorneys and other professionals).
Such adjustment shall be effected whether or not final payment has been made. If any
such acceptance occurs, prior to final payment, Owner shall be entitled to an appropriate
decrease in the Contract Sum. If the acceptance occurs after final payment, an
appropriate amount will be paid by the Contractor to the Owner.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of
Texas.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind themselves, their partners, .
successors, assigns and legal representatives to the other party hereto and to partners,
successors, assigns and legal representatives of such other party in respect to
covenants, agreements and obligations contained in the Contract Documents. Neither
party to the Contract shall assign the Contract as a whole without written consent of the
other. if either party attempts to make such an assignment without such consent, that
party shall nevertheless remain legally responsible for all obligations under the Contract.
13.2.2 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 or any part of any monies due or to become due under this
Contract, instrument of assignment must contain a clause substantially to effect that it is
agreed that right of assignees in and to any monies due or to become due to Contractor
shall be subject to prior liens and claims of all persons, firms and corporations for
services rendered; for payment of all laborers and mechanics for labor perFormed; for
payment for all materials and equipment furnished and payment for all materials and
equipment used or rented in performance of the Work called for in Contract; and for
payment of any liens, claims, or amounts due to governments or any of their funds.
13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if
delivered in person to the individual or a member of the firm or entity or to an officer of
Agreement for Construction — Rehabilitation of Arrington Road — RFP # 19.096 Page 54
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the'corporation for which it was intended, or if delivered or sent by registered or certified
mail or by courier service providing proof of delivery to the last business address known
to the party giving notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Documents and rights and
remedies available there under shall be in addition to and not a limitation of duties,
obligations, rights and remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a
waiver of a right or duty afforded them under the Contract, nor shall such action or failure
to act constitute approval of or acquiescence in a breach there under, except as may be
specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the Work required by the _Contract
Documents or -by laws, ordinances, rules, regulations or orders -of public authorities
having jurisdiction shall be made at an appropriate. time. Unless otherwise provided, the
County shall make arrangements for such tests, inspections and approvals with an
independent testing laboratory or entity, and shall bear all related costs of tests,
inspections and approvals. - The Contractor shall give the testing agency, Project
inspector (if any), public authorities and (if requested), Engineer timely notice of when
and where tests and inspections are to be made so that they may observe such
procedures. The Owner shall bear costs of tests, inspections or approvals which do not
become requirements until after bids are received or negotiations concluded.
13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having
jurisdiction determine that portions of the Work require additional testing, inspection or
approval not included under Subparagraph 13.5.1, the Project inspector (if any), or
Engineer will, upon written authorization from the Owner, instruct the Contractor to make
arrangements for such additional testing, inspection or approval by an entity acceptable
to the Owner, and the Contractor shall give timely notice to the testing agency, project
inspector (if any), governing agency, and (if requested), Engineer of when and where
tests and inspections are to be made so they may observe such procedures. The Owner
shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established
by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all
costs made necessary by such failure including those of repeated procedures and
compensation for the Engineer's services and expenses shall be at the Contractor's
expense.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise
required by the Contract Documents, be secured by the Contractor and promptly
delivered to the Engineer and Project inspector (if any).
13.5.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections
or approvals required by the Contract Documents, they will do so promptly and where
practicable, at the normal place of testing.
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13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from
the date payment is due at the legal rate prevailing for public entities under the laws of
the State of Texas.
13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
13.7.1 As between the Owner and Contractor:
.1 Before Substantial Completion. Before Substantial Completion, any
applicable statute of limitations shall commence to run and any .alleged
cause of action shall be deemed to have accrued in any and all events not
later than such date of Substantial Completion;
.2 Between Substantial Completion and Final Certificate for Payment.
As to acts or failures to acts occurring subsequent to the relevant date of
Substantial Completion and prior to issuance of the final Certificate for
Payment, any applicable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have accrued in any and
all events not later than the date of issuance of the final Certificate for
Payment; and
.3 After Final Certificate for Payment. As to acts or failures to act occurring
after the relevant date of issuance of the final Certificate for Payment, any
applicable statute of limitations shall commence to run and any alleged
cause of action shall -be deemed to have accrued in any -and all events -not
later than the date of any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date of any. correction of
the Work or failure to correct he Work by the Contractor under paragraph
12.2, or the date of actual commission of any other act or failure to perform
any duty or obligation by the Contractor or Owner, whichever occurs last.
13.8 EQUAL OPPORTUNITY
13.8.1 Contractor shall maintain policies of employment as follows:
.1 Contractor and Contractor's Subcontractors shall not discriminate against
any employee or applicant for employment because of race, religion, color,
sex or national origin. Contractor shall take affirmative action to ensure
that applicants are employed and that employees are treated during
employment without regard to their race, religion, color, sex or national
origin. Such 'action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, Including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth 'policies of
nondiscrimination.
.2 Contractor and Contractor's Subcontractors shall, in all solicitations or
advertisements for employees placed by them or on their behalf, state that
all qualified applicants will receive consideration for employment without
regard to race, religion, color, sex or national origin.
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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 act or fault of the
Contractor or a Subcontractor or their agents, employees or any other persons
performing portions of the -Work under the Contract with the Contractor because the
Owner has persistently failed to fulfill the Owner's obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor
may, upon seven (7) additional days written notice to the Owner and the 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;
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.2 fails to make prompt payment to Subcontractors for materials or labor in
accordance with the respective agreement between the Contractor and the
Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of
a public authority having jurisdiction; or
.4 otherwise is guilty of substantial breach of a provision of the Contract
Documents.
14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause
exists to justify such action, the Owner may, without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the Contractor's surety seven
(7) days written notice, terminate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem
expedient.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in
Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until
the Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,
including compensation for the Engineer's services and expenses made necessary
thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid
balance, the Contractor shall pay the difference to the Owner. This obligation for
payment shall survive termination of the Contract.
14.3 SUSPENSION BY OWNER FOR CONVENIENCE
14.3.1 The Owner may, without.cause, order the Contractor in writing to suspend-, delay
or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost
and time caused by suspension, delay or interruption as described in Subparagraph
14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made
to the extent:
.1 that performance is, was or would have been so suspended, delayed or
interrupted by another cause for which the Contractor is responsible; or
.2 that an equitable adjustment is made -or denied under another provision of
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;
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.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 16
ACCESS TO THE WORK
16.1 Engineer, the Owner, and their authorized representatives, shall have access at
all times to the work for inspection wherever it is in preparation or progress and the
Contractor shall provide proper facilities for such access and inspection.
ARTICLE 16
STANDARDS
16.1 Any material specified by reference to the number, symbol or title of a specific
standard, such as a Commercial Standard, a Federal specification, a trade association
standard or other similar standard, shall comply with the requirements in the latest
revision thereof and any amendment or supplement thereto in effect on the date of these
Specifications, except as limited to type, -class or"grade, or modified in such reference. -
16.2 The Standards referred to, except as modified in the Specifications, shall have full
force and effect as though printed in the Specifications. These Standards are not
furnished to bidders for the reason that the manufacturers and trade involved are
assumed to be familiar with their requirements. The Engineer will furnish, upon request,
information as to how copies of the standards referred to may be obtained.
16.3 It is not the intent of the Specifications to limit materials to the product of any
particular manufacturer. Where definite materials, equipment and/or fixtures have been
specified by name, manufacturer or catalog number, it has been done to set a definite
standard and a reference for comparison of quality, application, physical conformity and
other characteristics. It is not the intention to discriminate against, or prevent, any dealer,
jobber or manufacturer from furnishing materials, equipment and fixtures. which, in the
judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the
specified items.
ARTICLE 17
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
17.1 No officer or employee of Brazos County, Texas, shall have a financial interest,
direct or indirect, in this Agreement or shall be financially interested, directly or indirectly,
in the sale of any materials, supplies or services, except on behalf of the County as an
officer or employee. Any willful violation of this Article shall constitute malfeasance in
office and any officer or employee guilty thereof shall be subject to removal from his
Agreement for Construction—Rehabilitation of Arrington Road—RFP # 19-096 Page 59
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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
Commissio ers 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
Date: s Z A- �--
Brazos County Judge
330 South Texas Ave., Suite 332
Brazos, Texas 77803
CONTRACTOR:
Larry Young Paving, INC.
Date:
Lary ouAPavylg�c. ---�
Agreement Construction — Rehabilitation of Arrington Road — RFP # 19-096 Page 60
Vol. C .� pg.
ATTACHMENT "A'°
REHABILITATION OF ARRINGTON ROAD
REQUEST FOR PROPOSAL 19-096
Agreement for Construction—Rehabilitation of Arrington Road —RFP # 19-096 Page 61
vol. -a. qo pg-aao
PROFESSIONAL SERVICES CONTRACT # 19-122 - PSYCHOLOGICAL
EVALUATIONS OF APPLICANTS
AGREEMENT BETWEEN BRAZOS COUNTY AND DR. ROY R. LUEPNITZ, Ph.D.
THIS AGREEMENT is between the Brazos COUNTY, Texas, ("the COUNTY") and Dr. Roy
Luepnitz (the `vendor"), whereby the VENDOR agrees to provide the COUNTY with certain
professional services as described herein and the COUNTY agrees to pay the VENDOR for
those services. The term of this contract shall be for a two (2) year period starting March 26,
2019 through March 25, 2021 with the option to renew three (3) additional one (1) year periods.
Between the COUNTY: BRAZOS COUNTY, TEXAS
c/o Brazos County Commissioners' Court
Attention: County Judge
200 South Texas Ave., Ste. 332
Bryan, Texas.77803
and the VENDOR: Roy R. Luepnitz,-Ph.D.
4444 Carter Creek Parkway, Suite 202
Bryan, TX 77802
for the following SERVICES: Evaluate potential candidates for employment, and
potential candidates for promotions.
The COUNTY and VENDOR agree as set forth below.
ARTICLE I
VENDOR'S RESPONSIBILITY
1.1 VENDOR'S SERVICE
1.1.1 The VENDOR shall furnish psychological evaluations, in accordance with regulations set
forth in the Texas Commission on Law Enforcement (TCOLE), for peace officer, jailer
and communications officer applications and other employees as referred by COUNTY.
The VENDOR will maintain the appropriate current licenses and/or certifications
required by Federal and State and local jurisdictions, to complete the work provided by
the Agreement.
1.1.2 Each evaluation will include (1) a thorough clinical interview (2) an appropriate global
measure of personality/psychosocial functioning, and (3) additional specific measure(s)
of behavioral style or cognitive functioning as indicated by other evaluation measures or
referral questions posed by COUNTY.
1.1.3 VENDOR shall schedule evaluations within 10 working days after receiving written or
verbal phone request from COUNTY to conduct such evaluations.
Agreement Between County and VENDOR Page I of 5
1.1.4 VENDOR agrees to provide verbal feedback to COUNTY and make available, for
mailing or personal pick-up, the TCOLE L-3 (LICENSEE PSYCHOLOGICAL AND
EMOTIONAL HEALTH DECLARATION) form within 3 working days of completion
of testing.
1.1.5 VENDOR shall make available the psychological evaluation report generated on persons
served under the Agreement for mailing to, or personal pick-up by, COUNTY within 14
working days after the scheduled evaluation.
1.1.6 VENDOR agrees to discuss via phone or email with COUNTY situations that alter these
scheduling -testing report expectations as soon as either party becomes aware of the need
to change expectation for a given referral.
1.1.7 VENDOR agrees that payment will be based on the timely submission of evaluation
reports as stated above.
1.1.8 VENDOR shall provide COUNTY with an invoice by the 10th of each month for services
rendered during the previous month.
1.1.9 VENDOR shall accept, as full compensation, the sum of $250.00 per psychological
evaluation.
1.1.10 Upon request by the COUNTY, VENDOR shall accept, as full compensation, the sum of
250.00 per psychological. re-evaluation. VENDOR understands and -agrees .that the
COUNTY will not be liable for the payment of any re-evaluation fee. VENDOR_ further -
understands that the applicant is liable for the re-evaluation fee.
1.1.11 Upon request by the COUNTY, VENDOR shall provide a copy of the current
professional credentials of all individuals involved with the evaluation. VENDOR shall
also provide a current certificate of insurance, reflecting the contractually -required
insurance coverage:
ARTICLE II
COUNTY'S RESPONSIBILITY
2.1 COUNTY shall assign a liaison per department requiring services to VENDOR for
purposes of communication.
2.1.1 COUNTY shall provide VENDOR a written request for evaluation.
2.1.2 COUNTY shall provide VENDOR with a completed Release of Information signed by
each person being evaluated prior to the scheduled evaluation.
2.1.3 - COUNTY agrees to discuss via phone or email with VENDOR situations that alter the
scheduling -testing -report timeline expectations, as stated in the VENDOR
RESPONSIBILITIES section above, as soon as either party becomes aware of the need to
change expectations for a given referral.
2.1.4 COUNTY shall pay, as full compensation, the sum $250.00 per psychological evaluation.
COUNTY shall provide payment upon timely submission of evaluation reports as agreed
Agreement Between County and VENDOR Page 2 of
Vol. aac� Pg. a a a
to above.
2.1.5 COUNTY shall pay as full compensation, the sum of $120.00 per psychological re-
evaluation. COUNTY shall provide payment upon timely submission of evaluation
reports as agreed to above.
2.1.6 COUNTY shall pay VENDOR for services in full within 30 days after satisfactory
receipt of services, evaluations and reports unless otherwise specified or mutually agreed
upon before orders are placed. COUNTY will not be liable for payment of invoices
received six (6) months after order completion. Invoices must be submitted by VENDOR
to the COUNTY department requesting service, to that department's accounts payable
contact.
2.1.7 Other Direct Costs: The COUNTY will only pay the amount per completed evaluation or .
re-evaluation as specified in previous section. The number of evaluations will vary over
the months in which this contract is in effect. The cost of each evaluation or re-
evaluation includes other direct costs which could be used by vendor- for supplies:- photo -
reproductions, books, journals, recordings, software, equipment, professional'dues, travel
expenses, and other directly related costs. This Agreement is a fixed -cost contract.
ARTICLE III
TERNUNATION, SUSPENSION OR ABANDONMENT
3.1 . This Agreement may be terminated by either party upon not, less than thirty (30) days
written notice should the other party fail to substantially perform in accordance with .the
terms of this Agreement through no fault of the party initiating the termination. In the
event that a notice of termination is provided by either party, any COUNTY candidates
scheduled for evaluations, prior to the termination date will be allowed to complete their
evaluation, provided that the cancellation was requested by VENDOR.—VENDORIn the event this .
agreement is canceled, VENDOR will be paid -only -for the evaluation completed,
provided the required evaluation reports are presented. to COUNTY within three weeks of -
the cancellation of this Agreement.
3.2 VENDOR acknowledges that COUNTY is the client and all privity -of .contract exists
between VENDOR and COUNTY, and no third parties.
ARTICLE -IV
NIISCELLANEOUS PROVISIONS
4.1 Governing Law: The terms and conditions of this Agreement and performance hereunder
shall be construed in accordance with the laws of the State of Texas. Venue shall be in a
court of competent jurisdiction in Brazos County, Texas.
4.2 Neither -the COUNTY nor the VENDOR shall assign this Agreement without the express
written consent of the other party.
4.3 This Agreement represents the entire integrated agreement between the COUNTY and
the VENDOR and supersedes all prior negotiations, representations or agreements, either
Agreement Between County and VENDOR �� Page 3 of 5
1%i. pg. 3-2-2).
written or oral. This Agreement may be amended only by written instrument signed by
both the COUNTY and the VENDOR.
4.4 Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the COUNTY or the VENDOR.
4.5 COMPLIANCE AND STANDARDS. The VENDOR agrees to perform the work
hereunder in accordance with generally accepted professional standards applicable
thereto and shall use that degree of care and skill commensurate with the profession to
comply with all applicable state, federal and local laws, ordinances, rules and regulations
relating to the work to be performed hereunder and the VENDOR'S performance.
4.6 INDEMNIFICATION: VENDOR shall save and hold harmless the COUNTY from and
against any and all claims and liability due to activities of the VENDOR, its agents or
employees, performed under this Agreement and which result from any negligent act,
error, or omission of the VENDOR, or of any. person employed by the VENDOR The
VENDOR shall also save harmless the COUNTY from and against any and all expenses,
including attorney's fees which might be incurred by the COUNTY in litigation,. or
otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as
the result of such activities by the VENDOR, its agents or employees.
4.7 Nothing in this Agreement shall be construed as a waiver of the COUNTY'S
Governmental Immunity.
4.8 SEVERABILITY: In the event that any provisions or portion of this Agreement is held
to be unenforceable or invalid, the validity and enforceability of the remaining provisions
or portions shall not be affected.
ARTICLE V
OTHER CONDI-TIONS_OR SERVICES
5. 1.1 INSURANCE: The VENDOR shall instruct his insurance agent or carrier to furnish to
the County a Certificate of Insurance attesting to the issuance of the following parts of
this section. The Certificate of Insurance must be approved by Risk Management before
any services are rendered.
The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. Professional Liability Insurance: VENDOR shall obtain and maintain at
all times during the performance of the work under this Agreement
professional liability insurance. Limits of liability shall be $1,000,000.00
per claim, $2,000,000.00 aggregate.
b. Automobile Liability: $1,000,000.00 combined single limit per accident
for bodily injury and property damage. Coverage should be provided for
any auto, including hired and non -owned vehicles.
Failure to maintain the required insurance shall be deemed to be a material breach of this
Agreement.
Agreement Between County and VENDORPagc 4 of 5
'Vol. � Pg.
AUTHORITY TO CONTRACT:
The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolution extending said authority
have been duly passed and are now in force and effect.
BRAZOS COUNT', TEXAS
Duane Peters, County Judge
Acting by and through the authority of
the Brazos County Commissioners Court
Attest:
County Clerk
Agreement Between County and VENDOR
1'/ &VITiT7
Dr. 'o
y R. Luepnitz
h
Vol. CJ v og• Page 5of5
DocuSign Envelope ID: B3F85F24-3360-4336-B249-SOP746FI7378
PR�CORE'®
Z
Customer Name Brazos County
Quote Number Q059606
6309 Carpinteria Avefiue
Carpinteria, CA 93013
(866) 477-6267
1
PROPOSED BY:
Max Frank
max.frank@pmcora.com
+1 (512) 298-3195
THIS IS NOT AN INVOICE — PRICES QUOTED BELOW ARE. ESTIMATES
ZONE= M' .2h
RMAPRWm., I NVOICEI N FORMATI 0 N =,"w-rc Nw.- MAMM'S
�WM�
Subscription Start Date
June 26, 2018
Subscription Type
Renew Subscription
Service Start:Date
June 26.2019
Initial Term Months
12
Renewal Term Months
12
13111ing Frequency
Annual
Payment Terms
Due Upon Receipt
PUment Method
Check',
Multi Year Paid.up Front
CurrenVUSD
--
Offr#rKValiiJ�TlilOti "h;
April 18.2019
PROPOSED BY:
Max Frank
max.frank@pmcora.com
+1 (512) 298-3195
THIS IS NOT AN INVOICE — PRICES QUOTED BELOW ARE. ESTIMATES
UBSICRIPTION-INFORMAM,
ZONE= M' .2h
RMAPRWm., I NVOICEI N FORMATI 0 N =,"w-rc Nw.- MAMM'S
�WM�
Invoice Dates
:Estimated Invoice Amounts (Excludes Taxes)'
06/26/19-05125/20
$32 611 ' 99
AM1-000- rdw
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lNgiff IN -MMA
26
UBSICRIPTION-INFORMAM,
ON ,0mWP-R,
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Product UOM
QTY
Project Cap Service Period
Annual Fees
Performance Maneriernent ACV ($MM)
20.000000
20 06/26/19 - 06/25120
$8,384.00
Prolect Manamment Essentials ACV ($MM)
20.000000
20 06/26/19-06125120
$24.226 .00
a,
This Agreement supersedes any prior Agreements between the Parties regarding Customer's purchase of Software and Services from procore.
Orders LOrder �.FcmLV2.0.dcmt
DocuSlgn Envelope ID: B3F85F24-3360.4336-B249-80F746F17378
:OIt:LfOx' - a k aa.x�:ww #r"
Brazos County Brazos County
Kaitlyn Nachlinger Kaltlyn Nachlinger
200 South Texas Ave., Suite 352 200 South Texas Ave., Suite 352
Bryan, TX 77803 Bryan, TX 77803
United States United States
knachlinnerlIMbrazoscourdyix.gov knachlin a brazoscoun ov
`• 'tit' kr r .,z ,""r - ,.. r X Ysn. + ,r,•." gwgm#ih g"y"fi"'
The prices shown above have been rounded to two decimal places fordisplay purposes. As many as eightdedmal places maybe presentin the actual prke.Tho totals for this orderwere calculated using the actual prtce, ratherthan the prices displayed above,
and are the true and blodingtotalsforthts order. Prices quoted do not Includetaxes.
By signingthis OrderFerrn, l am aatherimd to place this order on behalf ofthe Customer and agree to call Payments t hat are due to Pmcom,aad Customer hereby agrees to all the termsand conditions of this OrderForm and the ProcoreSubscrlptionTerms
('Terms') as outlined at htlps:/Avkvw.proton com/praore_Mskvi-2027.pdf.Tha Products) purchased above are further described In tho table below. Please rote that if this Is an upgrade toyour arrentsubndptron, then the table below shall only reflect
your new or changed preducts.TnoOrder Form and Terms constitute the entire agreement between Procure and Customers superseding any other terms (Including, but not limited to, the terms of any Customer purchase order).
'gage.- ,xscn. a P
MEN i.�h-
7^,d3.ke�.nh.
Braltos conn " stomeel Procore T LVf'Procoree)
Signature: Signaturet In vt tS �akjy S
952&553o0ECa4FF—
Name: 1, �t a,.r o_ �� ��� Name: Denni S I yandres
rtie: C IN L-1 14&.C -S— rtle: chief Revenue officer
Date: (a. 9 Date: 2019-03-18
DocuSign Envelope ID: B3F85F24-3360-433643249-80F746FI7378
**In addition to the'Tools; listed below, all Procore clients have access to the following Core Tools: Directory, Documents, Reports, and Tasks.
_R
M
Performance Management Dail v Loci, Photos, Schedule, Forms, Incidents, Inspections, Observations
Project Management Essentials Bidding, Daily Lou, Drawings, Emalls, Instructions, Meetings, Photos, Planroorn,
Punch List , RFI, Schedule, specifications. Submittals, Transmittals, Timecard
y�AIc 0 T
F� 9, Brazos County
QrJ�rp of 4C` Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
February 25, 2019
Integ
700 W. Loop 340
Waco, TX 76712
Re: Renewal of Contract #19-126R for Mail Services, previously known as 18-122R and 2016491.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for Mail Services19-126R, previously known as 18-122R and 2016.191.
All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from
July 1, 2019 to June 30, 2020.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knachlinger@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the
original signed documents and an updated Certificate of Insurance by mail to the address listed above.
Please return acceptance as soon as possible. If you have any questions, I may be reached at (979)
361-4285.
Contact Name: �C V S a Nr\Ae— 40y--, Telephone: 2.SSS - 75,1 101-,,
E -Mail: rn �� e, r jf)r\Q 'EB CL dear 5 . QOffax: ?=5'V- 7 S-/ - O a S-r-
INteg
Authorized Signature
B CO TY
Duane Peters, County Judge
D 2.
Date
�-
Date
•
Vol. aq C)_ Pg. a 30
Tabulation 19-126R Mail Services
Previously known as 18-122R and 2016-191
July 1, 2019 through June 30, 2020
Integ
Cost of Mail Services
14.5% of postage used plus $300.00/month
Option chosen
Option #2
Processor to be used
Integ
Place where services are to be Waco, TX
performed
2nd Renewal of 2: Integ -
jApprol d by o mis ' 's�Courtthis day of. , 2019 by
[ding the position of d'-3 N
Vol. aq C)_ Pg. a 30
1
2
3
4
5
6
BID TABULATION 19-132R
Previously known as 18-121
HOT MIX ASPHALT
June. 29, 2019 through June 28, 2020
D -GR HMA Type D, 1.50" min. thick,
compacted and placed less than 1000 tons
2,000
$10.60
$9.65
3'
Totals
SY
$21,200.00
$19,300.00
8T6'GA?00 $0.00
Product Name
Type D HMAC
T -D PG 64-22
r -
Product Number
BPI 1701
BPI 170,1
39417
RnifeTRi' `cr '417
:. 92-
,,.. _ ._, :, .. ,- .•. F _
D -GR HMA Type D, 1.50" min . thick,
compacted and placed exceeding than
1000 tons
13,000 $7.85
$6.88
Totals
SY $102,050.00
- dgTQ'@
$89,440.00
$0.00
Product Name
Type.D HMAC
6
Type D PG 64-22
Product Number
BPI 1701
Knite River 39417
$10.00=P40
D -GR HMA Type D, 2.00" min. thick,
compacted and placed less than 1000 tons
2,000 $12.50 $11.85
15
Totals
SY
$25,000.00
$23,700.00
s,388?00: $0.00
Product Name
Type D HMAC
Ty -D PG 64-22
, D 64 -
Product Number
BPI 1701
13,9417
�u'ifRlxar �9'471F7�
D -GR HMA Type D, 2.00" min. thick,
compacted and placed exceeding 1000 tons
9,600
$10.00=P40
$8.69
Totals
SY
$96,000.00
r640?(?Q
$83,424.00
$0.00
Product Name
Type -D HMAC
-
Type D.PG 64-22
Product Number
BPI 1701
'394
Knife River 39417
D -GR HMA Type C, 2.00" min. thick,
compacted and placed less than 1000 tons
27,000
$11.20
$1.1.00
8
Totals
SY
$302,400.00
$297,000.00
$0.00
Product Name
Type C HMAC
Ty -C PG 64-22
U
Product Number
I BPI 1702 139410
f
z,.
D -GR HMA Type C, 2.00" min. thick,
compacted and placed exceeding 1000
::18:'0010
tons
$11.00
$8.42
7
8
9
10
II
BID TABULATION 19-132R
'Previously known as 18-121
HOT MIX ASPHALT
June. 29, 2019 through June 28, 2020
Totals SY $148,000.00 'J' 6 7LOZ-60 $151,560.00 $0.00
Product Name Type C HMAC Type—CPG 64-22
Product Number IBPI,1702 '410 Knife River 3441.0
w
TOM -C, 1.00" min. thick, compacted and
laced less than 1000 tons 2,000 $10.00 'S8_ , _' ; $9.69
Totals SY $20,000.00 1t►1}�tF{? 1 $19,380.00 $0.00
Product Name TOM -C M6.?ME MP.GIA156 2' M TOM C PG 76-22
Product Number BPI 1705 39_'42 Knife River 39421,
TOM -C, 1.00" min. thick, compacted and
laced exceeding 1000 tons
19,000 $7.00
$6.00 $7.14
Totals
SY $133,000.00
$135,660.00
$0.00
Product Name
TOM -C
TOM C PG 76-22
Product Number
BPI 1705
3 Knife River 39421
i 1
•t t $ Y
D -GR HMA Type B, 2.50" min: thick,
compacted and. placed less than 1000 tons
2,000 $16.80
$14.00 $_12.40
Totals
SY $33,600.00
�B
$28,000.00$211�8t?0?QO
$0.00
Product Name
Type HMAC
Ty -)B PG 64-22 T ;iC976- - I --
II
Product Number
BPI.1703
39405 knife tr 39'405
D -GR HMA Type B, 2.50" min. thick,
compacted and placed exceeding 1000 tons
32,500 $12.00
$ , $10.68
Totals
SY $390,000.00
®21, S ??OVi $347,100.00
$0.00
Product Name
Type B HMAC`I6M
2 Type B PG 64-22
Product Number
PI
B 1703
Knife River 39405
D -GR HMA Type B, 3.00". min. thick,
compacted and placed less than 1000 tons
2,00.0 $19.00
$14.75 , 4'
Totals
SY $38,000.00
$29,500.00 fir_ .Ot3
$0.00
Product Name
Type B HMAC
Ty -B PG 64-22 f. M NJ MORIA -1
I
Product Number
BPI 1.703
39405 Kii e 3 'li
14
BID TABULATION 19-132R
Previously known as 18-121
HOT MIX ASPHALT
June 29, 2019 through June 28, 2020
D -GR HMA Type B, 3.00" min. thick,
compacted and placed exceeding 1000 tons
15,550 $14.80
11.80
$12.78
Totals
SY $230,140.00
$+N83!� ONO
$198,729.00
$0.00
Product Name
Type B HMAC T'_'-B]PiGi64`Z2
Type B PG 64-22
Product Number
BPI 1703 39405
Knife River 39405
TOM -C, 1.00" min. thick, compacted and
placed per city of College Station
4000 $;108.0
$114.40
$113.00
Totals
Tons
$457,600.00
$452,000.00
$0.00
Product Name
TOM -C PG 76-22
TOM C PG 76-22
Product Number
-77
iSP.Iiii7.115 39422
Knife River 39421
Hot Mix
100
a. D -GR HMA Type D
$60.75
$58?00
$65.00
$56.00
Totals
--GR
Tons $6,075.005
S00?0{l
$6,500.00
$5,600.00
TD HMA Type C
560.75
$'St76
$65.00
$55.00
Totals
Tons $6,075.00
$5,700?00
$6,500.00
$5,500.00
c. D -GR HMA Type B
$63.00
$5'600
$64.00
$54.00
Tota Is
Tons $6,300.00
$STG.l20zQ6
$6,400.00
$5,400.00
7601 W. Hwy 21, 6310 State Hwy 21 West
6310 State Hwy 21 West
9514 FM 379, Navasota,
Plant Location
Bryan, TX Bryan, TX 77807
Bryan, TX 77807
TX 77868
Delivery
1 day 1 week
2 days
24 hours
Notes :
will not have a bid bond
Grand Totals
$2,039,840.00 $1,817,880.00
$1,819,693.00
$16,500.00
1st Renewal of 3:
Knife River: Items - 2, 4, 6, 7, 8, 10, 12, 14
Larry Young Paving: Items - 1, 3, 5, 9, 11
Brazos Paving Inc: Item -13 for the City of College Station
Approveb om tissioner's o rt on this day of , 2019 by
holding the position of
qr-6,
Cb
XL
Q
*� Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
March 6, 2019
Knife River Corporation — South
6310 St. Hwy 21 West
Bryan, TX 77807
Attn: Loring Knutson
Be: Renewal of Contract #19-132R for Hot Mix Asphalts, previously known as #18-121.
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Hot Mix Asphalts. This will renew as follows:
Knife River: Items - 2, 4, 6, 7, 8, 10, 12, 14
Larry Young Paving: Items - 1, 3, 5, 9, 11
Brazos Paving Inc: Item - 13 awarded by the City of College Station
All terms, conditions, and pricing shall remain the same. This renewal will be for one year, from June 29,
2019 through June 28; 2020. Please sign and return this letter as soon as possible along with an updated
copy of insurance. A new payment and performance bond is also required for this renewal The bond
is not required until the start date of the renewal: June 29, 2019. You were awarded line items 2, 4, 6,
7, 8,10,12 and 14 in the amount of $962,780.00.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to lmaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the
original signed documents and an updated Certificate of Insurance by inail to the address listed above.
Please 'return acceptance as soon as possible. If you have any questions, I may be reached at (979)
361-4284.
Contact Name: Bill �0 C l 5 Title: t(Q C1 M
E -Mail; 11 VA 1V Telephone:glq " U1 — _N00
KNIFE RIVER
I---- �C_
Authorized
Date
3 /.2- (�_ / / f
Duane Peters, County Judge Date
VVi. pg
r
`Jf�,EwO}• .
Brazos County
Purchasing Department
20o S0UT13 TEXAS Av. r•SUITE 352 BRYAN, TX -77803
March 6,2019
PHONE (979) 361-4290 FAY(979)(979) 361-4293
Larry Yotimg Raving the.
P.O. Box,. 1.17.79
College Station, TX 77842 -
Re: Relle►va7ofContract#19-132Rfor•Hol.MieAs7)lrnitsprililiuusl3llnrojvnns#18=121.
Brazos County appreciates =the work provided by -your `copipany acid •would like to.exerGise the renewal
option for trot kh&Asphalts. This will renew.as follows:
KnifeRiver' Items - 2;•4,, 6, 7, 8, .10 12, 14
Larry Young Paving: Items. - 1, 3,_5, 9, 11
Brazos Paving hYc:- Item - I3 awarded by the City of College Station
All terms,. conditions, and pricing shall reinain the same. This renewal will be for one-year, from June 29,
2.019 through Aine'28, 2020. Please sigh and return this letter as soon as possible along with an updated
copy of, insurance. A nervi payment-i�irrl pcifor»rrrrree band is also rerlrrirerl for tleis rreneFvrrl. TJre Gaud . .
is not required tiii it the .start'Tote of the reireivril.• June 29, 2019. You ieere aii;arrled liite items 1,. 3, S,
9 a.tid ll In tlid hrrrorart of $323,0.00.00.
To accept the renewal olition, please; till out the information and sign below. Return the signed.
doduiilphts by-eihail _to. lmaness@brazoscotlniytx.gov or _fax to. (979) 3:614293. -Please return
acceptance as soon -as possible; If you have any. questions, [-may be.reached at (979)36.1-4284.
rte, "
Contact Nam. Kor-� SG' ��J� Z� Title;.
E -Mail: c./- 1 Cr_ 1, v Telephoned �� 2� 3" qL1800
LARRY OUN G ]g�C.
Authorized Signature Date
B COUNT
Duane Peters, County.Tudge Date -
Vol. -pg.
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
rd
DEPARTMENT:
CC 2019 - Utility Permit - Wickson
Road and Bridge NUMBER: Creek SUD - Wilcox Lane -1,500'
northeast of FM 974.
DATE OF COURT MEETING: 3/26/2019
ITEM:
Consider and take action on the Wickson Creek Special Utility District utility permit to
construct a road bore for a 1 inch .water line crossing under Wilcox Lane 1,500 feet
northeast of FM 974. Site is located in Precinct 2.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
03/18/2019
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
Utility Permit- Wickson Creek SUD
Utility Permit - Wickson Creek SUD - Wilcox Lane_ - 1 500 northeast of FM 974.13df - Wlcox Lane - 1,500' northeast of Backup Material
FM 974.
-APPR
i
Duane Peters Date
County Judge
Vol. Pg.a3(
,
hftnc-//hra7nc nrnnicaoPnds R77*3 x/71 /2x719
APPLICATION FOR WATER, UTILITY PERMIT
]DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SPECIAL UTILITY
DISTRICT: [contpant name], hereinafter referred to as "Company" a TEXAS [shite]
Corporation, with authority to -transact business in Texas, acting by and through its duly authorized representative, and
hereby petitions the County Engineer for the right to lay, construct, maintain; repair and/or operate a gas facility under,
over, across and/or along certain County. Roads as shown on drawings and. diagrams attached hereto and said location
described as follows:
Facility to Cross Road
Facility to Parallel County Road Within Right•Of Wav
Road Name and Block
Number' From To Dc th . -Distance
'• CONSTRUCTION TYPE
i" Diameter
Material Specification PVC.
Maximum Operation Pressure 80 PSI
Wall 'Thickness
1 Y2" Encasement Pipe
The location and. description . of the proposed installation and appurtenances must .be fully shown .on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60. days from the date of said permit and
shall complete said construction -]work within I . working days. (COMPANY. 'MUST FILL lit1, If such
-construction is riot begun by the 60"' -day, Company will be required to apply fora new permit:
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both -aerial
and. underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A.copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is :a license for permissive use only and that the placing of facilities.upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood.and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, tiile and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk-
of'and indemnify, defend and save harmless Brazos County from and against any and all loss, -damages, cost or
va: a o pg.
Length of TYPE OF CONSTRUCTION
Road Name & Block Number .. Crossing (CHECK ONE) -
Bored lacked Driven Cased
WILCOX LANE 60' X X ...
Facility to Parallel County Road Within Right•Of Wav
Road Name and Block
Number' From To Dc th . -Distance
'• CONSTRUCTION TYPE
i" Diameter
Material Specification PVC.
Maximum Operation Pressure 80 PSI
Wall 'Thickness
1 Y2" Encasement Pipe
The location and. description . of the proposed installation and appurtenances must .be fully shown .on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60. days from the date of said permit and
shall complete said construction -]work within I . working days. (COMPANY. 'MUST FILL lit1, If such
-construction is riot begun by the 60"' -day, Company will be required to apply fora new permit:
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both -aerial
and. underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A.copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is :a license for permissive use only and that the placing of facilities.upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood.and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, tiile and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk-
of'and indemnify, defend and save harmless Brazos County from and against any and all loss, -damages, cost or
va: a o pg.
i expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in -construction of
e' said installation attached hereto as BRAZOS- COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for refare'nce.
In the event Cosrpany fails to obtain a permit prior to the installation or does not install utilities In compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility far
damages and/or destruction of litres, cables, etc, based upon its failure to comply with Brazos County requirements
4pplicant agrees that if Brazos Corntty.demonstrates a violation of the terms of this policy, Applicant stipulates drat
requisites for injunctive relief exist and that Brazos County is entitled to relief eirjoi►iing airy cotidrrct by applicatrt
Ohich is contrary to the policies.
This permit is a revocable'pernrit.. Brazos Comity reserves tl►e right to revoke tltls periiiit at airy time, in the'sole
discretion of Brazos County, for interests of public health, safetyor welfare, or for. failure to repair arty damages
upon demand, or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take
�sueh acdon,as- it deems appropriate to compel compliance. The Corrsry Engi►reerftrrther retains the right to. revoke
this Permit -by verbal notification to the 4pplicant/Compauy. ..
1 Failure to obtain this permit_and/or notify die County Engineer Is Office within 24 hours of beginning, construction
f shall constitute grounds for)oh slurtdotvn.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees .
to the conditions/provisions included in this permit.
WICKSON- CREEK SUD
Company Name
OF
0.61
00 /lit
i
Signature. .
�hANaGER
Title
i
Q_o_ Box 4756
Address
I . BRYAN i'X '77805
City State Zip
'(979) 5139-303o
Phone Number
watsonCawicksonci6ek. co,n,
Email:
WATER UTILITY APPROVAL
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DRAWING FOR: WILCOX LANE `aC
E w �d As 1 til
i, PROPOSED 60' ROAD BORE hy�,aa
`¢ rr
�� LI51NG 1 1Jz ENCASEMENT PIPE
WITH 1 WATERLINE ,�#z
f#L E ENCLOSED ���
a s ,•\ � t .{ r e E
DRAWING BY: KATHY STOVER 3/5/-,;019
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at al I times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimen6tion'resulting front the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored .to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way. ,
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is,
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration ofthe job: All tiaffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD).. See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, :as .
maybe necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. -Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
S. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved.:
by the.County Engineer.
C . - Traffic Coretro! Plan
1'. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
Vol. a9a P9.aya
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in'the road right-of-way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.'
' 3.. Plan must set forth the time of completion for the job.
.D. DesZen Standards
I 1. - All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth In the Texas Utilities Code,
Seelion 181.049. .
2. All pole installation (including lighting) shall be placed at the_backside of the Right of Way to ensure'
safety to the public. Any pole placed in violation of this requirement -will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths—:utility may place deeper):
a. be placed ata minimum depth'of forty-eight"(48) inches below
: the top ofthepavement; -
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. beat least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closerthan ten (10) feet from the edge of pavement. -Exceptions may apply in rights of way of
less than. 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
S. Utilities in all new developments that have 60 feet or greater of right of way shall be :installed.within
designated locations based upon the_type of utility. The locations shall be as follows: (measured from
back of right -of way).
Power—".0 to 2 feet, nominally 1'
Phone -- 2 to 4 feet, nominally 3'
Gas 4 to 6 feet, nominally 5'
Cable. --6 to 8 feet,.nominally 7'
' 6. Utilities with less than 60 feet right -4 -way in all. new developments shall install the utility in a similar .
manner as referenced in No. 3 above; however, the Coanty Engineer omits designated representative will
provide fcnal.approval of each utility location.
I 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
i 8. Crossing a county road shall:
a. . be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the grossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24.hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure granting
operations;
Vol.. p9, (..l 3
c. TxDOT Standard Specification item 476 shall be.folIowed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;.
b. all pits shall have proper traffic control measures in place, See Traffid Control Plan listed above.
c. pits shal I NOT- be located within ten (10) feet from the edge of pavement without prior approval from
the County*Engineer or his representative; .
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems; .
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road: "
to, Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
C. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess wate.r.and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the :.
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
E no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right -of way, Company wilt be
responsible for repairing the damage and replacing the right -of way to the condition -it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
1 repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of.the rubber tire variety. Appropriate traffic control shall be -provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize�any section of the road (asphalt, cement, road base, eic.), Company will.be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will. be determined by
the County.Engineer.
i.
14. The applicant shall submit a letter. of "N.o Objection" from the Army Corps of Engineers for all . designated wetlands and environmentally sensitive lands.
E Emergency work
€ 1. In the event Company is required to perform_ emergency services, thafrequires excavation in.aCounty
Right of Way, and unable'tonotify the County Engineer prior to conducting emergency repairs, Company : '
shall notify CountyEngineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of. -
Way and traffic safety controls used.
F. Repairs to erist"t facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing'such inainteiiance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G Relocation of prtilities .
1. When and if the County. Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables. or other ._
facilities and appurtenances authorized liereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. H h Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, shouldcontain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength .
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
.3. Assurance must also be given •that the installation material and designmeet the minimum Federal Safety, .
Standards for Liquid and Gas Pipe'Lines: Assurance must be provided on company letterhead and signed
by an.authorized representative of the company. .
4. Petroleum Pipelines:
Depth .
Tvue of Pipeline (below deepest ditch grade) Special Reg uiremerits
Encased Pipe Less than 10'. Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to.a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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LEGEND
_ In* ] Bar!" !.s r p u1lxleq Davlas
- � fr7Rk ItAldted'- ..
Never tlork Y.#t1i01� .j�j' Afte7ltltr taxa
Trailer Neapted ro-fmle uor0amb
Fleeltro dvxtt Beed ' IA fesaeaI slat tP6g1
.J6 Slat Il� Traffic Flo+
f'0. FIW 0.o Flans r
tw
7n4a0
rant.
e
91-"eda2,11" Ylnbuw
aenil�ixlwrp �s Ifi�N1pW
anl.at 'grid, Mfr Spm.
Tme Talp•d
w-
M&actd roe.. 21A'
b�
150' 16S' 100'
I
J20'
M.
N
�s
120'
z67' 25s' 3t0• a' 11o• 740'
RQ"
15
bb e
-
19S's0
WORK
I
dl
d
EHD
b' 40'
�
�i 14
ram ve IC104
No
ROAD YORK
lx'
Yl irya
ROADiIIRK
swrletoll
Pta•z
LEGEND
_ In* ] Bar!" !.s r p u1lxleq Davlas
- � fr7Rk ItAldted'- ..
Never tlork Y.#t1i01� .j�j' Afte7ltltr taxa
Trailer Neapted ro-fmle uor0amb
Fleeltro dvxtt Beed ' IA fesaeaI slat tP6g1
.J6 Slat Il� Traffic Flo+
f'0. FIW 0.o Flans r
tw
7n4a0
rant.
e
91-"eda2,11" Ylnbuw
aenil�ixlwrp �s Ifi�N1pW
anl.at 'grid, Mfr Spm.
Tme Talp•d
w-
M&actd roe.. 21A'
b�
150' 16S' 100'
I
J20'
M.
N
�s
120'
z67' 25s' 3t0• a' 11o• 740'
1551
15
bb e
45' 90•]20'
19S's0
rap• 50' tar
I
dl
d
710• 1w 130• 700•41070
I GEIVIX NDTES
�
S
ram ve IC104
sex'
lx'
Yl irya
Inmf Iva I.
work rani 1
LEGEND
_ In* ] Bar!" !.s r p u1lxleq Davlas
- � fr7Rk ItAldted'- ..
Never tlork Y.#t1i01� .j�j' Afte7ltltr taxa
Trailer Neapted ro-fmle uor0amb
Fleeltro dvxtt Beed ' IA fesaeaI slat tP6g1
.J6 Slat Il� Traffic Flo+
f'0. FIW 0.o Flans r
tw
7n4a0
rant.
. Mini" - .
iew Wa a
iiR
Mrw• elf Iwl
91-"eda2,11" Ylnbuw
aenil�ixlwrp �s Ifi�N1pW
anl.at 'grid, Mfr Spm.
Tme Talp•d
]5
.40
2
1,0.
150' 16S' 100'
.30' 60'
J20'
M.
205. 225' 215' 15' 70' 160'
120'
z67' 25s' 3t0• a' 11o• 740'
1551
15
A� • d I
-
'
45' 90•]20'
19S's0
rap• 50' tar
660• SS' 110'172x'
dl
*495'510'510'
60' 420' 600'69
710• 1w 130• 700•41070
I GEIVIX NDTES
1140• 7O' 140• 100•
4TS'Ts
Sao' 75 tso 900
sex'
^ 3
a' sitar 7ro 0alllselI
t
ntmactae
SiC7i SrdliT i[AI [ttiOamtATE
S ISN Ittle (1 * cen edlunl pwas only
warn ar a11Ce1,
eoor
SLTIaaRr
f irG Toper ImP1N novo been ra.tma elf. '
QRfp 0.i trufte, I
L-LMM of ICWIFTJ a slaM of DffesftFtl 9•Ponsd SaaddaM
•
'
arc.. & IT ran I
ere.. anuli reMln In
amara sopOrDtt10 fres
A� • d I
-
'
lame a Mfrf Ic 0.r
teeartlxirq
ce all li
—
I
if
��
dl
I GEIVIX NDTES
. I
i 1. rinds alfadW to altine pnea a" tel 1=1601. '
lr.. • fin
L All tMfIC cash 1012101111 Ilkfkatad We It MIM er?An 7001e
esated NM tla trladts 4801 war to vaned watt atoned In ft.. '
- I
r. 3 I ' Olaa;' a for raetn sfmrva,e4 vork, M¢n aaurra tf t:l.Imlrwr.
r .1' SIod011ed mtel01 Ya10 M 01tcm a dtttan pf.b iel fra7
• . �
' wawf tra+eld •eF ..
4. Vale. yovs1e NM Da led blip Rationally roMlM flaflip. '
IS" rafts 4 1, S
anllfatln0 er Mmae 11000. A StNw YfdOp wIM a TILL etala b
' I tato a•fnlm I1 tap b Iaelflalq>D M 1W Imp In es•Q.n M .
CCp
tts aresm 0.e• Ydpsrs .,Mote adva 1l allwit a Ma
I
Or asittlyil7require the
¢ I 'alnln
a..Wh
e
b
b�'N rope/ coovitraffic a�mlni IQ r aaw
plea/. Tfpe 3 11anloades a agar anflaing deview aaF be
^
MOailtalad far lir saatr 101014 aro 1111),. .
L Awillo al 203M Tnlllalw 0.M nm sad se Iwltlawf eif tlalanaa
•
c rftee, tn4f to tfow can in ~ to Pof40f a.lde .est tram.
I '
I
S sr IOU -11 for dwidn tali m dlvktsMdwga, am m.q, aw
.0.i 1- WM tatkla or alp; 4%oXm felts to P"*d Haar IN
1
VIOM'Of'M line 0.4 ler MrM2 miff tarsd tmnder.
, s. t1R1.5 '3tI0AL41 alts' efou my to um in PROM d MI.ID '
.a
L
^ I •111E1 AILhO' •Ido 10- aaler .vA 0.6 aemvriteral rma.ara
ROAD
I
{
jjoRK
AMD
- Far edtakapllan r sahlrelam caneoar-wk, ineptrla
'
i
Project reoAtreraMs far O=w vea101ae cat be. rand -
{ In ate Projeet CDeiAet WI25 no- .lam Sat.
Fl10
pdAD Parinama. Slaru ere irafile Itflet llq
4ir11.0t1•
ultra•-
ROAD RORK ' ^
s.. nolo a
Od0•x I
AHEAD Taws Tlgis]drjdlm
4d• 124' i.
ISes rob• 21A
IMIRIVICIM0
rmrma.nffiu ortaM
pgt-to
TRAFFIC' CONTROL PLAN .
�" 11 CONVENTIONAL ROAD
TYPICAL USAGE
: ma1R
SiC7i SrdliT i[AI [ttiOamtATE
tat TOae
AMt{Oa fraitaal7 TOY flAT14Yitr
SLTIaaRr
SHOULDER WORK
TCP (2-1a) TCP (2-1b)TCP (2-1c) TCP i2-11-12
WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON'SHOULDER
ti4 r �w a. as w .tw.
Conventional Roads � - Conventional -Roods. � Conventional Roads ►s
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT:
NUMBER:
DATE OF COURT MEETING:
3/26/2019
ITEM:
Expenditure Journal Entries
• FY 18/19 030065-030070
TO:-
Commissioners Court
DATE:
03/21/2019
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name .
Description
batchinl .23829.odf _
Exp JEs
vol. Octo Pg.a9
Tvpe
Cover Memo
Duane Peters
County Judge
Page 1 of 1
httnc://hra7nc-nnvncanenrla-cnm/aoenria.web/C overRheet_aSnx?Ttemii)=1 RRO1 3/21/2019
SUNGARD PENTAMATION
DATE: 03/21/2019
BRAZOS
COUNTY, TX
TIME: 11:30:49
BATCH JOURNAL ENTRY EDIT LIST
CONTROL NUMBER
J E NUMBER DESCRIPTION
PERIOD/YR
STATUS
RECORD FUND
DIV/FUND
ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION
03*26*CC
030065 D WILCOX NA 3.3.8.19
6/19
COMPLETE
367388 0100
0100
20119330
D WILCOX NA 3.3.8.19
367389 0100
28000100
61801000
D WILCOX NA 3.3.8.19
TOTAL
JOURNAL ENTRY
03*26*CC
030066 EXPO
INCENTIVE REWAR
6/19
COMPLETE
367390 1100
11002500
71530000
INCEN REWD-STOCK HOR
367391 1100
1100
11005200
EXPO INCENTIVE REWAR
367392 0100
0100
11005200
EXPO INCENTIVE REWAR
367393 0100
0100
41011000
INCEN REWD-STOCK HOR
TOTAL
JOURNAL ENTRY
03*26*CC
030067 G SIFUENTEZ NA 3.3.8
6/19
COMPLETE
367394 0100
0100
20119470
G SIFUENTEZ NA 3.3.8
367395 0100
28000100
61801000
G SIFUENTEZ NA 3.3.8
TOTAL
JOURNAL ENTRY
03*26*CC
030068 J HEBERT AU 2.24.27.
6/19
COMPLETE
367396 0100
0100
20118650
J HEBERT AU 2.24.27.
367397 0100
19000100
61801000
J HEBERT AU 2.24.27.
TOTAL
JOURNAL ENTRY
03*26*CC
030069 M SWAN AU 2.25-27.19
6/19
COMPLETE
367398 0100
0100
20495100
AU 1.13_.17.19
367399 0100
22500100
61801000
AU 1.13-.17.19
367400 0100
22500100
61110000
AU 1.13-..17.19
TOTAL
JOURNAL ENTRY
03*26*CC
030070 T DAVIS AU 2.24.27.1
6/19
COMPLETE
367401 0100
0100
20125710
T DAVIS'AU 2.24.27.1
367402 0100
19000100
61801000
T DAVIS AU 2.24.27.1
TOTAL
JOURNAL ENTRY
TOTAL
CONTROL NUMBER
TOTAL
REPORT
PAGE NUMBER: 1
BIOURN11
DEBIT AMOUNT CREDIT AMOUNT
208.00
208.00
208.00 208.00
2,500.00
2,500.00
2,500.00
2,500.00
5,000.,00
5,000.00
-
208.00
208.00
208.00
208.00
590.66
590.66
590.66 590.66
783.28
533.28
250.00
783.28 783.28
598.44
598.44
598.44 598.44
7,388.38 7,388.38
7,388.38 7,388.38
Item Coversheet
Page 1 of 1
E
httnc•//hra7ne nnvncaaPnrla nnm/aaPnrlawPh/rnvPrRhPPt acnx7TtPmTT)=1 8900 i/2119.019
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT:
NUMBER:
DATE OF COURT MEETING: ,
3/2612019
ITEM:
Request tax refund of penalty and interest due
to U.S. mail from the following:
I
• a. Douglas H. Kessler
_ _ _. _ . . ___ __ _ _ _
• b..Caitlin Adney .
To.Commissioners
Court
DATE:
03/21/2019
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name ` '
Description
Tvpe
2019-03-
C o Douglas-H-..KesslerTax Letfer "requesting
refund odf oaglas F1-Kess er..Go_ver
Mem
2019-03- Caitlin Adney
20 Caitlin AdneTTax Letter requesting refund.odf
Cover Memo
httnc•//hra7ne nnvncaaPnrla nnm/aaPnrlawPh/rnvPrRhPPt acnx7TtPmTT)=1 8900 i/2119.019
�� '�' 7 ��� a"�! � ..� .� _:� i 99'E.:73t.•�.h S-f;�h'+11�.Oi9c d,3L. A �' •' . may'
s.
:.oma r:a` J -•�� :.. r i fsi �.iNU _ _
a- y-'-
.'m^�'�r.., Es
USA..
. `1! l'lSeeh ae lax +IL
VI
JrI C'ouw�y Pivk
r w� IAC 7786.
!
'43f
��Il�nll�l�r�n�rlirrllll�( it�i�irj1i1111i11jr1�1i111�I�I1t�Ilj
i ,
i
+
Vol. CK to Pg. 1� Q
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR
NO. 18/19 26.1— 26.10
On this the 26th 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 26th 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 26th day of March 2019.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
EV®I..=
i
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 18/19.26.1
vocron4 n
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court Departmental Support 1.200.00
General Fund Boonville Cemetery Contractual Services 1.200.00
Commissioners' Court and Boonville Cemetery
Reallocation of funds to 0ie appropriate account for mondilv pest control services at Boonville Heritage Park.
5 ...fit s -7 --y i
_s
nrip;
iD'ate
r T
rn'{�Si k ...F. -r..,_..
;Pepartment App Val
14
Courrty—itidg' a Approval rµ =
Fgwcn�rntinn Pnr"' oses Oar i'.'zo;
FUND DIV
ACCT
DR/CR ACCOUNT NAME Increase Decrease
0100 11001500
61130000
CR Contingency1 00.00
0100 11001000
71206000
DR Maintenance I?00.00
Vol. aqo Pg.
n.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No.18119 - 26.2
312612019
FUND
DEPARTMENT
DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund
Facilities Services
Repairs & Maint 976.67
General Fund
Facilities Services
Departmental Support 148.08
General Fund
Facilities Services
Minor Acquisitions 828.59
ACCOUNT NAME
Increase Decrease
0100
17000100
65050000
CR
Equipment & IT Enhancement
976.67
0100
17000100
60211000
DR
Software-Notae
148.08
0100
17000100
67203000
DR
Minor Computer Hardware
828.59
Facilities Services
Reallocation of funds to the appropriate account to purchase a additional computer with soffivare for the Jail Maintenance Techs.
-• � e9 ff a
Depa'rt menIApp_r '. . ?>. x {Date
Co'un Jude royal E ate
ForAccoantin 'Pti osesQnl ..§�'�xMu..'_
rt,.. cn. i'.��; _ .. <..t,tS
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
0100
17000100
65050000
CR
Equipment & IT Enhancement
976.67
0100
17000100
60211000
DR
Software-Notae
148.08
0100
17000100
67203000
DR
Minor Computer Hardware
828.59
Vol.
o Pg. �" 3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 18/19.26.3
vm2nio
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
Hotel Occupancy
Tax Fund Hotel Occupancy Tax Fund Capital Outla • 31,060.80
Hotel Occupancy
Tax Fund Hotel Occupancy Tau Fund Minor Ac uisidons 31.060.80
Hotel Occupancy Tax Fund
Reallocation of funds to the appropriate account for the purchase of steel racks.
a
Qwlt..ppr
Gounty_dudge Approval ", �ShDate y3
Por�Secoorih �Pa oCcsOnl`�?`�s��r;#a
s��arr`�1�<��r.�fi;�ti�*���t=sr'-�T:w�;�:•i�°?a�:'%r''-a�r,�' °��,'��t"��#�"�'t=$�r. ,.,�„t..
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME Increase Decrease
1100
11002500
80286000
CR
Equipment - Otber 31,060.80
1100
11002500
67286000
DR
Equipment • Other 31.060.80
vol. a°10 Pg. a� y
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 18/19.26.4
V2612niq
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
County Clerk
Archival fund County Clerk Archival Fund Departmental Support 6,000.00
County Clerk
Archival fund County Clerk Archival Fund Capital Outlay 6,000.00
Countv Clerk Archival Fund
Reallocation of funds to the appropriate account for die purchase a storage and filings tem.
�Ifrl` T" 11
•'WW20191
Vol. dao Pg.
4, tm-
FUND
DIV
ACCT.
DR/CR
ACCOUNT NAME
Increase
2001
21006000
61130000
CR
Contingency
—Decrease
6,000.00
2001
21006000
80100000
DR
Buildinas
6.000.00
Vol. dao Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 18/19 - 26.5
swcron4a
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court Non -Departmental Repairs & INaint 11.962.00
General Fund Brazos'Center Repairs & Maint 11,962.00
Commissloners' Court and Brazos Center
Reallocation of funds to the appropriate account to repair the loading dock at the Brazos Center.
a nnp#
FarAccbuiitui�Pnr"'osesOnitii� Vis, i
Y� ta.x
x',. <.?ni!z rt'z�f�s zs:3f3Cf
Department Approv It
, .
ACCOUNT NAME Increase Decrease
0100 11000500 65052000
CR
Carpentry& Building Repair I
.0100- . _ 36500100 65052000
Co�ntyyJudge ApprqZUr
—11,962.00
Carpentry &.. Building Repair--, 11.962.00
Mix 'N
Y� ta.x
x',. <.?ni!z rt'z�f�s zs:3f3Cf
FUND DIV ACCT
DR/CR
ACCOUNT NAME Increase Decrease
0100 11000500 65052000
CR
Carpentry& Building Repair I
.0100- . _ 36500100 65052000
DR
—11,962.00
Carpentry &.. Building Repair--, 11.962.00
vo,. aq o P9• a�c�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 18/19 - 26.6
VIA19nia
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Juvenile Administration Detention Departmental Support 211.98
General Fund Juvenile Administration Detention Repairs & Maint 211.98
Juvenile Administration
Reallocation of funds to die appropriate account to purchase batteries for the two-way radios.
W
e D
-7
l96
60t -y App
FOF2A
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME Increase Decrease
0100
31000200
60500000
CR
Equipment & iT Enhancement — : . - : 211.98
0100
31000200
65550000
DP
Radio Maintenance 211.98
VOL
-- Q -q D Pg. a 5
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 18/19.26.7
FUND DEPARTMENT DIVISION
CATEGORY DESCRIPTION
Increase Decrease
General Capital
Improvement General Capital
Fund Improvement Fund
Capital Projects
13,878,61
General Capital
Improvement
Fund I
Other Financing Uses
13,878.61
General Fund
Other Financing Uses
13.873.61
General Fund Road & Bridee
Minor Acquisitions
13.878.61
DR/CR
ACCOUNT NAME
increase
Decrease
4500
63000500
80289000
CR
Equipment - R&B
3.064.44
4500
63000500
80890000
CR
Vehicles
10814.17
4500
91300000
DR
Transfer to General Fund
13.878.61
0100
Ceneral Capital Improvement and Road & Bridge
- - - -
-
Reallocationoffunds to thc appropriateaccount to purchase vehicle equipment
for the replacement units in FY 19. -
—
- --
�
nnp;
Department piprovalw,;
`;County Jude Approval _ s Date_, r ;,tet `d
Vol. a O Pg. a5�
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
increase
Decrease
4500
63000500
80289000
CR
Equipment - R&B
3.064.44
4500
63000500
80890000
CR
Vehicles
10814.17
4500
91300000
DR
Transfer to General Fund
13.878.61
0100
49015000
CR
Transfer from Capital Fund
13.878.61
0100, 1
56001000-
67890000
DR
Vehicle Equipment -.: _:
19;878.61
Vol. a O Pg. a5�
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
N6.18119.26.8
ntnanni a
FUND DEPARTMENT DIVISION
CATEGORY DESCRIPTION
Increase Decrease
General Capital
Improvement General Capital
Fund Improvement Fund
Capital Projects
9.713.91
General Capital
Improvement
Fund
Other Financinu Uses
9,713.91
General Fund
Other Financing Uses
9.713.90
General Fund Sheriff Administration Jail
Repair &c Maint.
9.713.91
4500
63000500 80286000
CR
Eq u1 ment- Other
9,713.91
4500
91300000
DR
Transfer to General Fund
9,713.91
0100
49015000
CR
Transfer from Capital Fund
9,713.91
0100
56001000 65056000
DR
Plumbing! Maint.
9.713.91
General Capital Improvement and Sheritt Administration
Reallocation of funds to the appropriate account to purchase a replacement water heater for the SO- Jail.
Mt-
X"I", tX
;County Judge Approval ,1:2 r_IfDate x v i
FUND
DIV ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
4500
63000500 80286000
CR
Eq u1 ment- Other
9,713.91
4500
91300000
DR
Transfer to General Fund
9,713.91
0100
49015000
CR
Transfer from Capital Fund
9,713.91
0100
56001000 65056000
DR
Plumbing! Maint.
9.713.91
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 18/19 - 26.9
a»Gnn�e
FUND DEPARTMENT DIVISION
General Capital
Improvement General Capital
Fund Improvement Fund
General Capital
Improvement
Fund I
CATEGORY DESCRIPTION
Capital Pro'ects
Other Financin • Uses
Increase Decrease
194 937.00
194,937.00
General Fund
Other financing Uses
194,937.00
General Fund Sheriff Administration
Repair & Maint.
194.937.00
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME Increase Decrease '
4500
63000500
80286000
CR
Equipment - Other 194937.001
4500
91300000
DR
Transfer to General Fund 194.937.00
0100
49015000
CR
Transfer from Capital Fund 194,937,00
0100
28000100
65051000
DR
Air Cond/Heating Maint 194.937.00
General Capital Ira rovement and Sheriff Administration
Reallocation of funds to the appropriate account to purchase a replacement HVAC system for the Sheriff Administration Building.
nqpj
Date v „ y w 372 012 01 9„
,county Jiidge Appro4al w µ Datti
For7Accannhu Y.ur ses Onl gtw � -' x # a t €. > .
=441_r
w:
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME Increase Decrease '
4500
63000500
80286000
CR
Equipment - Other 194937.001
4500
91300000
DR
Transfer to General Fund 194.937.00
0100
49015000
CR
Transfer from Capital Fund 194,937,00
0100
28000100
65051000
DR
Air Cond/Heating Maint 194.937.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 18/19 - 26.10
aL7anni o
FUND DEPARTMENT DIVISION
CATEGORY DESCRIPTION
Increase Decrease
General Capital
Improvement General Capital
Fund Improvement Fund
Capital Projects
131.383.26
General Capital
Improvement
Fund I
Other Financing Uses
131,383.26
General Fund
Other Financing Uses
131.383 26
General Fund Facilities Services
Repair & Maint.
131,383.26
Equipment - Other
131 83.26
4500
91300000
DR
Transfer to General Fund
131,383.26
0100
49015000
CR
Transfer from Capital Fund
131,383 26
0100
17000100 65051000
DR
Air Cond/Heatine Maint
131,383.26
General Capital Improvement and Facilities Services
Reallocation of funds to die appropriate account to items to rebuild the chillers stem for the Courthouse.
7 T y
'D.._, artment*
�i X.
,County;Jtiilge App►oyat ,.,,�.>,_t. ,a iDate,�;.,;,i � . fr%. �t
Far:Accauiittn P.ur'"uses
4ti " ,= : ?; a c .,n . ,` cc
FUND
DIV ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
4500
63000500 80286000
CR
Equipment - Other
131 83.26
4500
91300000
DR
Transfer to General Fund
131,383.26
0100
49015000
CR
Transfer from Capital Fund
131,383 26
0100
17000100 65051000
DR
Air Cond/Heatine Maint
131,383.26
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March .26, 2019
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Brazos Center Krusleski, Dalton Separation
Exposition Complex
Human Resources
Road & Bridge
Halle, Sarah
Monarres, Gerardo
Stolte, Shelby
Presley, Kimberly
Luther, Gregory
Separation
Change of Status
Change of Status
Employment
Employment
Sheriffs Office —Jail Beal, Joseph
Change of Status
Branch, Erika
i
Change of Status
Calloway, Jacob
Change of Status
Hammond, Deborah
Change of Status
Harrison, William
Change of Status
Knighton, Daryl
Change of Status
Leeth, Clayton
Change of Status
Means, Richard
Change of Status
Sever, Eric
Change of Status
Sparks, Brettnye
Change of Status
Stiles, Kelsey
Change of Status
Stiles, Kelsey
Change of Status
Turner, Joshua
Change of Status
Douglas, Kelly
Change of Status
Tax Office Parra, Angelica Change of Status
- 1
Voll. a0toPg, Qqu
Approved in Commissioners' Court: March 26, 2019
I�L� )E A-�
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. aQ0 Pg.,�.�.3
CERTIFICATE of COURSE
Public Information Act
COMPLETION
I, Irma Cauley, certify that I have
completed a course of training on the Texas Public Information Act that satisfies the
legal requirements of Government Code, Section 552.012.
Certificate is issued effective this 18th day of March, 2019.
NOTICE TO CERTIFICATEHOLDER: You are responsible for the safekeeping of thisdocumew as evidence thatyou have completed
this open government training course. The Office of the Attorney General does not maintain a record of course completion foryou
and is unable to issue duplicate cert f cater. Government Code Section 552.012(e) requires the governmental bodv with which
you serve to maintain this Certificate of Course Completion and make it available for public inspection.
CenWcatc No.: 19-263842P
C6
a
CERTIFICATE of COURSE
Open Meetings Act
COMPLETION
I, Irma Cauley, certify that I have
completed a course of training on the Texas Open Meetings Act that satisfies the
legal requirements of Government Code, Section 551.005.
Certificate is issued effective this 15th day of March, 2019.
NOTICE TO CERTIFICATE HOLDER: You are, responsible for. the safekeeping of this document as evidence that you have completed
this open government trainingcourse. se. The Off ee of the Attorney Gen oral does not maintain a record of course completion for you
and is unable to issue duplicate certif:cdtes. Government Code Section 551.005(6) requires the governmental, body with which
you serve to maintain this Certificate of Course Completion and make it available for public inspection.
Certificate No.: 19-263759M