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Home My WebLink About2020-01-07 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT . ., I 1L ..... 1:...•...r� ZON JAN - 3 A 10: 13 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 7, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-14: 3. Proclamation 20.001 declaring January 2020 as Human Trafficking Awareness and Prevention Month. 4. Appointments of the following to the Brazos County Emergency Services Board District #1; term appointment is January 1, 2020 - December 31, 2021: • a. Brenda Owens • b. Moreecy Day 5. Approval of the proposed Road and Bridge 2020 Holiday Schedule option which is equivalent to the standard approved (88 -hour) 2020 County Holiday Schedule. 6. Award of RFP #CI P 20-502 for Dilly Shaw Tap Road Reconstruction. Recommended award: Glenn Fuqua Inc. 7. Approval of the amended Travel Policy effective January 1, 2020. 8. Approval of the Election Services Contract with Texas Voting Systems, Inc. for the College Station Special Election to be held January 28, 2020. 9. Approval of Service Contract #20-098 Post Accident and CDL Drug and Alcohol Testing with Anytime Analysis. 10. Approval of the Treasurer's Report for November 2019. 11. Expenditure Journal Entries • FYI 9/20120085-120085 12. Budget Amendments. Budget Amendments FY 19/20 14.1 -14.2 13. Personnel Change of Status. Personnel Action Forms 14. Payment of Claims. 15. Juvenile Director's report on detention population. 16. Sheriffs report on inmate population. 17. Announcement of interest items and possible future agenda topics. 18. Call for Citizen input and/or concerns 19. Adjourn. w 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. Flowever, 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 South Texas Ave., Suite 106, Bryan, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. F . 30 ��. 'l1 BRAZOS COUNTY B RYAN, T EXAS NOTICE OF ADDENDUM --L 1010 JAN - 3 p 4: 4 1 BRAZOS COUNTY COMMISSIONERS COURT In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following item(s) MEETING January 7, 2020 DATE: MEETING TIME: 10:00 AM MEETING Commissioners Courtroom of the County Administration Building, PLACE: 200 S. Texas Ave., Suite 106, Bryan, Texas 1. Convene into Executive Session Pursuant to Texas Government Code Sec. §551.072 to deliberate the purchase, exchange, lease, or value of real property. 2. Consider and possible action on Executive Session. 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. MINUTES JANUARY 7, 2020 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, January 7, 2020 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2, Absent; Nancy Berry, Commissioner of Precinct 3; 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. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-14: 3. Proclamation 20.001 declaring January 2020 as Human Trafficking Awareness and Prevention Month. The Court approved a Proclamation declaring January 2020 as Human Trafficking Awareness and Prevention Month. The County Judge read aloud the proclamation and presented it to members of the coalition to end human trafficking. Tracey Calanog, Executive Director of The Trafficking and Exploitation Action Network thanked the Court for their support. Mrs. Calanog stated that they are working hard to educate and bring awareness to human trafficking in Brazos County. Brazos County DistrictAttomey Jarvis Parsons also stated that his office is working with the coalition to prevent and stop human trafficking. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 4. Appointments of the following to the Brazos County Emergency Services Board District #1; term of appointment is January 1, 2020 - December 31, 2021: • a. Brenda Owens • b. Moreecy Day Commissioner Aldrich introduced new members Moreecy Day and noted that Brenda Owens was unable to attend today. Commissioner Aldrich also extended his appreciation to Dave Kissel and Charlie Robertson for their many years of service on the board. Mr. Day thanked the Court for the opportunity to serve and said he will do his best serving on the board. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 5. Approval of the proposed Road and Bridge 2020 Holiday Schedule option which is equivalent to the standard approved (88 -hour) 2020 County Holiday Schedule. A copy of the holiday schedule is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 6. Award of RFP #CI P 20-502 for Dilly Shaw Tap Road Reconstruction. Recommended award: Glenn Fuqua Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #CIP 20-502 for Dilly Shaw Tap Road Reconstruction to Glenn Fuqua, Inc. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Vol. (6 Pg. , Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 7. Approval of the amended Travel Policy effective January 1, 2020. A copy of the amended policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 8. Approval of the Election Services Contract with Texas Voting Systems, Inc. for the College Station Special Election to be held January 28, 2020. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 9. Approval of Service Contract #20-098 Post Accident and CDL Drug and Alcohol Testing with Anytime Analysis. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 10. Approval of the Treasurer's Report for November 2019. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for November 2019. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 11. Expenditure Journal Entries 9 FY1 9/20 120085-120085 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 12. Budget Amendments. Budget Amendments FY 19/20 14.1-14.2 14.1 Reallocate funds for Hotel Occupancy Tax Fund. 14.2 Reallocate funds for Election Services. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 13. 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. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 14. Payment of Claims. Claims 8022120-8022256 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 15. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 16 juveniles in the detention center, 9 are male and 7 are female, and 24 have electronic monitors. Ms. Ricketson noted that 1 of the 16 youth are from another county. 16. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 620 inmates in jail, 528 inmates are male and 92 are female, 49 have electronic monitors and 13 are pending for monitors. 17. Announcement of interest items and possible future agenda topics. There were no announcements. 18. Call for Citizen input and/or concerns There was no citizen's input. _AR ►- u At 10:18 a.m. the County Judge stated the Court would convene into Executive Session Pursuant to Texas Government Code Sec. 551.072 to deliberate the purchase, exchange, lease, or value of real property. The following individuals were asked to stay for the meeting:_ Candy Gallego, Executive Assistant Bruce Erratt, Civil Counsel Irene Jett, Budget Officer Charles Wendt, Purchasing Agent Vol. 3CE p9• At 10:33 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 19. Adjourn. The foregoing minutes of the Commissioners Court Meeting held January 7, 2020 have been examined and are approved in open Court this 0 day of February 2020, in Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 Ab�,,+- Sammy Catalena Commissioner, Precinct 2 Commissioner, Precinct 4 Attest: Karen McQueen County Clerk ) i c Nancy Berly Commissioner, Precinct 3 jos. �o_`�_.__ pga—�qb BRAZOS COUNTY COMMISSIONER'S COURT _ DAY Name (PLEASE PRINT) &91-7 Pg r of -L Organization (PLEASE PRINT) /ov- '�C S --\ �, io�u\ vol. $ Pg. r7 q Pg�, 00 BRAZOS COUNTY COMMISSIONER'S COURT JA DAY • s 1 r /0-00 AM/M Name (PLEASE PRINT) I �7W J M+-- Awn vA. C+bf-LIE3 Vqt-v,0§ 1 In 2 VS n-�t I(AIAlki C IRo Organization LEASE PRINT) BRAZOS COUNTY COMMISSIONER'S COURT DA , 0 �• a A LL 10:00 AM/M, edul/aIr Name (PLEASE PRINT) r)at16 u(Wq I�OL 3G c V 1, s Pis, , ,2" < e.�ni! �s rev La ph p Pg -3 of a Organization (PLEASE PRINT) 9a qfoy cm Q 11, -J, S11w tvwr co v V, V a CDOs-�o 6 Vol.-Pg..i . PROCLAMATION Human Trafficking and Prevention Month WHEREAS, The Texas Attorney General's Office defines human trafficking as modern-day slavery. It is the exploitation of men, women, and children for forced Iabor or sex by a third -party for profit or gain. WHEREAS, In Texas, according to the Attorney General's Office, there are more than 300,000 victims or survivors of human trafficking at any given time. Human trafficking is a nationwide public health and civil rights crisis. Its victims and survivors are everywhere, with Brazos County being no exception. WHEREAS, Victims and survivors can be any age and are trafficked by anyone, including family members, extended relatives, friends, spouses and partners, as well as acquaintances and strangers. WHEREAS, Brazos County is a prime target area for traffickers, as it sits in the middle of one of the largest trafficking highway corridors in the country, known as the "Texas Trafficking Triangle," located between major cities — Dallas, San Antonio, and Houston. WHEREAS, All communities must seek to prevent human trafficking before it can occur, by promoting safe, healthy, and supportive environments. WHEREAS, The Trafficking and Exploitation Action Network has a mission to collaborate with the Brazos Valley community to increase awareness, maximize advocacy efforts, and empower survivors of human trafficking and exploitation. WHEREAS, Brazos County strives to become a place where human trafficking does not exist, where people have opportunities available to them, and where all people are treated as fully human and worthy of a supportive community and freedom. NOW, THEREFORE, be it proclaimed that Brazos County, Texas declares January as Human Trafficking Awareness and Prevention Month. Proclaimed this da , 2020 in azos unty, Texas. Duane Peters, County Judge Commissioner Steve Aldrich Commissioner Sammy Catalena Precinct 1 rec Commissio rNancy Berry ommissio aule Precinct 3' Precinct 4 FVol. lub pg. L ROAD AND BRIDGE DEPARTMENT MONDAY — THURSDAY Crew 2020 Holiday Schedule Wednesday January 1, 2020 New Year's Day 10 hours 1lllonday _January 20, 2020 Martin Luther King, 10 hours hF. £ J r, Birthday £ Monday May 25, 2020 Memorial Day 10 hours Thursdaysf ` s A hJuly2, 2020 IrdependencezDay `8 hours ,hove±mber Monday September 7, Labor Day 10 hours Wednesday, 2020 Christmas 30 hours ig d Thursday � November 26 Thanks' wrng zY %s 10 hours t ._ Wednesday, December 23, 24 Christmas 30 hours Thursday & & 28, 2020 Monday TOfiAL f 'A 88 Hoo is TUESDAY - FRIDAY Crew 2020 Holiday Schedule Wednesday January 1, 2020 New Year's Day 10 hours Friday April 10, 2020 Good Frfiday :1'Os1}ours, hF. :. Thursday, Friday July 2 & 3, 2020 Independence Day 18 hours t. Thursday, Friday 26 & T.hanksgivmg ,hove±mber Wednesday, December 23, 24 Christmas 30 hours Thursday & & 25, 2020 Friday E _o iTTP County Judge RFP #CIP 20-502 DILLY SHAW TAP ROAD RECONSTRUCTION Max PointsF ua Texcon BPI Knife River 1 Total Cost including the contingency, alternates and $3 a,00 $3,088,794.00 $4,137,593.00 $3,492,665.00 addenda Points for Cost 2 Completion Time Points for Time 3 Past performance on similar projects of size and scope 4 Overall experience of Project Manager & Superintendent 5 Resource availability Technical Proposal Total Committee Recommended Award: Glenn Fuqua 403. 40.00 29.86 35.37 1,75 230 390 180 15 11 7 15 10 1 10 10 10 20 20 20 20 20 15 14 15 15 15 100 96.48 96.41 81.59 94.96 Approved by Co on o this `7 day of 2014-� _ holding a pposition of G\�� AGREEMENT FOR DILLY SHAW TAP. ROAD RECONSTRUCTION RFP # C I P 20-502 BRAZOS COUNTY, TEXAS Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 1 • S TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 2 Vol. pg. ��P AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the DILLY SHAW TAP ROAD RECONSTRUCTION Brazos County, -.Texas, in the amount of THREE MILLION, TWO HUNDRED NINETY SIX THOUSAND, SIX HUNDRED AND TWENTY EIGHT DOLLARS ($ 3,296,628.00) is entered into this 31 day of December 2019 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352,: Bryan, Texas 77803, and GLENN FUQUA., (hereinafter referred to as "Contractor"). The RECONSTRUCTION. OF DEMOCRAT 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 # CIP 20-502 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 kind: (1) between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub=subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether 'completed or partially completed, and includes all other labor, Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CE? 20-502 I Page 3 materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work.may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1:1.4 THE PROJECT: The Project is the rehabilitation of the DILLY SHAW TAP ROAD RECONSTRUCTION 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 Dilly Shaw Tap 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—DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 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. .1'S Late Change: A change in the work that cannot be. performed beforethe 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 — DILLY SHAW TAP ROAD RECONSTRUCTIO • Page 5 vC. Pg. .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. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." Agreement for Construction —DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP20-502 Page 6 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 in7establishing the extent of Work to be -performed, nor limit the scope of work performed by any trade.or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition -and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently'issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change. Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the• proper edition is noted. 1.2.7 Enumeration -of Items: Lists'of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions 'of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: , When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (1) Agreement for Construction—DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 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 isnot 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 lo' 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 is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 8 EV.1. Pg•aO2 1.6.2 ` CONTRACTOR'S USE.:OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 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 versionsof Instruments of Service in electronic -form for use solely with respect to this Project. The Contract Documents executed .or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If. required to be furnished, or if furnished, Engineer - or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. 'Contractor, any ' Subcontractors or Sub - subcontractors, material or equipment suppliers, or others_shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers; or others shall be at their sole risk and without liability or legal- exposure to. Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law;_ the Contractor, any Subcontractors or. Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and. costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith.. 1.6.2.3 The Contractor, any Subcontractors- or -.Sub-subcontractors,. material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format .used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies,:omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data _supplied by the Engineer or Engineer's consultants. 1.6.2.4 .,If documents,. including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others,. any reference to the Engineer and Engineer's. consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 . 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 — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 9 Vol. L �� p• ARTICLE 2. OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold, Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner.. 2., 1.2 The Owner upon reasonable written request -shall furnish to'the Contractor in writing information which is.necessary and relevant for the Contractor to evaluate, give notice' of or. enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the. property on which the Project is located, usually referred. to as the site, and the Owner's interest therein' at the time of execution of the Agreement and within five (5) days after any change, information of such 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 andbelief. 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. 2.1. 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 carryout 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; Agreement for Construction—DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 10 Q� V®I. V Pg. however,. the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to -carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items -.of work scheduled to be done subsequent to the Date of Substantial Completion orfails 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 orfailure. 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 anytime, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor (unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. ARTICLE 3 CONTRACTOR Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 11 3.1 GENERAL 3.1.1 The Contractor is the'person•or: entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number... The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in . -accordance with. the Contract Documents. 3.1.3 The Contractor shall not be relieved' of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the 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 ate 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 Agreement for Construction— DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 12 Vol. pg. LQ Project. - 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 3:3.1 The Contractor shall supervise and direFt 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. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and -employees, and other persons .performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The' Contractor shall be responsible for inspection of portions of Work already performed 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). 3.3.7 LavouVQrades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 13 provide. and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution -arid 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*underthis 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.compietion 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 Agreement for Construction— DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 14 E a Pg.� Owner covering their respective portion of the Work for the period. required. Contractor shall deliver them, together with his own warranty, to - Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly- provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner., 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from 'date of Final Completion or such longer period, if so specified. 3:5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion.so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6- Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid -is submitted, such unsuitable material, process, or application method shall be objected to in writing to 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 15 Project as clearly discernible. separate item to. facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 16 .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change. Order. The amount of the Change Order shall reflect: -(1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $200.000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer 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 manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer reasonable time, as defined .by the Engineer to review submittals. If the Contractorfails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 17 voi. 308 Pg. l'D 1 required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 18 Vol.�. Pg. boa and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings,. Product Data, Samples or similar submittals until the respective submittal has been 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 Wor shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product'Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such. professional's written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the. services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 19 appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The 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, ora 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. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CEP 20-502 Page 20 IVol. SSL--=19�L 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall 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 3.98.1 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 9 FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 21 Vol. 3D� Pg -0 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 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 22 facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost .of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or 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 175: 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 23 the Owner only to the extent provided in. the. Contract Documents, unless otherwise modified by written_ instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner 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 Engineer will not have control over or charge of and will not be responsible 'for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it ' necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 24 Vol..L. ® pg. 1� to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by- such failure, including those of repeated procedures shall be at 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. 4.2.1.0 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 25 F. �— Ps.1�9 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. 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 26 initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall 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) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall Agreement for Construction —DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 27 von. Pg. 11� 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 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 28 Vol. Pg..�a . 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 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 forfinal approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 29 Vol. p9, �� may, but. is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS, 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct'contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 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. Agreement for Construction— DILLY SHAW TAP ROAD RECONSTRUCTION RFP CII 20-502 Page 36 Val. �S Pg. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 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 levels of contractors and subcontractors, 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 31 Vof. pg. information on status of its accounts, upon -demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR'BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6A.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different'portions of the Projector other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 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. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CII' 20-502 • Page 32 6.2.3 The Owner shall be reimbursed by the Contractorfor costs incurred by the Owner which are payable to a separate contractor because of:delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor.in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and 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 will -cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CEP 20-502 Page 33 • .3 , the extent of the adjustment in.the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed,in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and 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 Workattributable 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 34 rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and: profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 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 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed 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 (100) calendar days from the date of commencement, subject to Agreement for Construction— DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 35 adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement- of the Work shall be effective upon the final approval of the Agreement, receipt of 'performance and payment bonds and receipt by. the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in 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 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable 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; Agreement for Construction —DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 36 .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt -to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 37 damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, :under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is THREE MILLION, TWO HUNDRED NINETY SIX THOUSAND, SIX HUNDRED AND TWENTY EIGHT DOLLARS ($ 3,296,628.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 38 satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in- favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month.' 9.4 CERTIFICATES FOR PAYMENT 9..4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit; either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 39 Vol. Pg ka,2_3— Subparagraph 9.4.1. If the Contractor and Engineer cannot agree.on a revised. amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment 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 Contrator 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 amountsin 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. Agreement for Construction— DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 40 Vol. ,'�D� P9. la 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the. Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as. may otherwise be required- by law. 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 41 !vol. p9.1� requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice. of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate 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. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 42 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the -Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 43 certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens,. Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 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 loss. Agreement for Construction—DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 44 !Vol. 30�) pg. lad 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other - wamings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities' under supervision of properly qualified personnel and shall give Owner' reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 45 Vol. �� . i ag connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind. or other loads: Contractor shall perform Work with the explicit understanding thatthe 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. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 46 ®,.30`6 Pg.13D 10.3.1.1 The term "hazardous, materials or -substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, *alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 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. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 47 Vol. Pg. ►�® Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and 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 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 damagesbecause of bodily.irijury, 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. Agreement for Construction—DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 48 Vol. V Pg. k3a (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in 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 — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CEP 20-502 Page 49 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 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ -10,000 on any one person. (d) ,Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required -to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 50 Vol. Pg. _L3L! 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self-insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $ 1,000,000 each occurrence $1,000,000 aggregate .2 Property Damage: $1,000,000 each occurrence $1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, .plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), .in the names of the Owner, Contractor, Subcontractors and Sub - subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to. maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 51 Vol. �� Pg. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require 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 Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in -accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event Agreement for Construction—'D'I'LLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 52 Vol. ,q3bb Pg. 13W the Owner shall be responsible.for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 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 not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of 'warranties established under Subparagraph 9.9.1, or by terms of.an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 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 Agreement for Construction — DII,LY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 53 Vol. Pg. the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of 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 and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 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 Agreement for Construction —DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 54 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 ora member of the. firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies .otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 55 /oI. O2? Pg. 39 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. 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 Agreement for Construction—DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 56 Vo9. 3r::2 Pg. Jg1D advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not. be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub— subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the 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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 57 Vd.3Pg. ,�_ 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; .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 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 58 ��a.o pg. s 14a .2 that an equitable adjustment is made or denied under.another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 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 Agreement for Construction— DELLY SHAW TAP ROAD RECONSTRUCTION RFP CEP 20-502 Page 59 Vn1•.�-- pg. 1�3 specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts.and all other political subdivisions that engage in construction'projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's , 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 C UNTY, TEXAS Date: `7 ,2 o Brazos my Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: GLENN FUQUA Date: Glenn Fuqua Agreement for Construction— DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 60 Vol. � pg. 4Ll ATTACHMENT "A" DILLY SHAW TAP ROAD RECONSTRUCTION REQUEST FOR PROPOSAL CIP 20-502 Agreement for Construction — DILLY SHAW TAP ROAD RECONSTRUCTION RFP CIP 20-502 Page 61 Vol. 3� Pg. 1 � REQUEST FOR PROPOSAL RFP NO. CIP 20-502 DILLY SHAW TAP ROAD RECONSTRUCTION SEALED PROPOSALS TO BE SUBMITTED BEFORE: Thursday, December 12, 2019, 2:00pm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled presentations or the date the Brazos County Commissioners Court meets to consider award for the RFP. Any such contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following RFP for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations and for the prices set forth on the proposal form. Company Name: Glenn Fuqua Inc By (Print): Glenn Fuqua Physical Address: 5698 FM 3455 Rd Navasota, TX 77868 Mailing Address: PO Box 589 Navasota, TX 77868 Phone: 936.825.7153 Email: daphne@glennfuquainc.com RFP No. CIP 20-502 Page 2 of 20 Dilly Shaw Tap Road Reconstruction Request for Proposals # CIP 20-502 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361-4292 Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Thursday, December 12, 2019 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. Release of RFP Advertisement Dates Pre -Proposal Conference Deadline for Questions Proposal Submission Deadline ----------••---- Review/Contract Evaluations/Negotiations Anticipated Award Anticipated Construction Start A. Procurement Delivery Friday, November 15, 2019 Friday, November 15, 2019 Friday, November 22, 2019 Wednesday, December 04, 2019 at 2:00 PM CST Thursday, December 05, 2019 at 5:00 PM CST _ Thursday, December 12, 2019 at 2:00 PM CST December January 2020 January 2020 Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. The County will consider each of these suggestions and select those that the County believes present the best "value" to the project. The County will then send the selected value engineering/ cost saving prospects to each of the top evaluated firms for consideration and pricing. This process may be repeated depending on the project and its complexity. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. B. Summary of Work This project consists of the following: RFP No. CIP 20-502 Page 3 of 20 The reconstruction of Dilly Shaw Tap Road from 2,500 feet southeast of the Dilly Shaw Tap Road & F.M. 974 intersection to 1,200 feet south of Cedar Creek and Dilly Shaw Tap Road includes the following: 1. Demolition, mixing, and reuse of approximately 17,059 linear feet of existing base, and subgrade (approximately 33,200 square yards) 2. Demolition, mixing, and reuse of existing driveways and the removal of the existing driveway culverts including safety end treatments. 3. Realignment and grading of proposed roadway and roadside ditches. 4. Installation of new crossing culverts including safety end treatments and headwalls. 5. Installation of new driveway culverts including safety end treatments. 6. Installation of Type R Rock riprap. 7. Installation of approximately 16,759 linear feet of chip -seal pavement section (approximately 52,139 square yards), 205 Linear feet of a concrete low water crossing (approximately 729 square yards), and installation of new driveways. 8. Traffic Control, Erosion Control, and SWPPP record keeping. 9. Other subsidiary items. C. Alternates There are no planned alternates for this project. D. Conditions of RFP The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this solicitation. All proposers are required to be informed of these terms and conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor RFP No. CIP 20-502 Page 4 of 20 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful vendor for the period designated. 3. Proposals must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any proposer. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 40% Contractor's fee and all construction costs by line item will be considered with all other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. I c. Past performance on similar proiects of size and scope 10% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. Overall Experience of Proiect Manager & Superintendent 20% Proposer's direct management personnel experience. Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. RFP No. CIP 20-502 Page 5 of 20 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 13. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 14. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 15. Proposals will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the vendor check the Brazos Valley e -Marketplace at htt2:/Ibrazosbid.ionwave.net for addenda prior to submitting their proposal. r 17. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses,incurred in preparing proposals in response to this request. 18. Proposals must show full company name, mailing address, and telephone number, and be manually signed by an authorized sales or quotation representative of the proposer. Company name and authorized signature shall appear in each space provided. The proposer must include Employer Identification Number and signature for the proposal to be valid. 19. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 20. Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason enough to cancel the contract. V®i.� Pg. 160 RFP No. CIP 20-502 Page 6 of 20 21. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the proposer to secure better price or delivery is welcomed and may be given consideration provided that the proposer also bids on the quantity specified. 22. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioner's Court. 23. This proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County, contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 24. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 25. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. Special Provisions 1. Proposers with questions regarding the bid should submit them in writing via the Brazos Valley e -Marketplace https:Hbrazosbid.ionwave.net . 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Building, 200 South Texas Ave., Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos Valley e -Marketplace htti2s:Hbrazosbid.ionwave.net. 4. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 5. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement (AIA Document A-305 or equal) listing at least five (5) like projects of size and scope, to identify proposer's specific experience on similar projects, along with the project's owner and engineer contact information on each project. On item 3.6 on this form, please note; key individuals will mean Project Manager and Superintendent for this project. vol. o� P9- l`—I RFP No. CIP 20-502 Page 7 of 20 Please be specific on the project commitments in progress and future planned commitments to comply with the requests of this RFP. 6. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from proposers. 7. The contract shall be awarded to the responsible proposer whose proposal is determined to be the best evaluated offer. 8. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 9. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. C. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the ,proper execution and completion of the work herein contracted to be done. e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. f. The Contractor shall be responsible for initiating, maintaining and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). Vol. 30b Pg. `5.0� RFP No. CIP 20-502 Page 8 of 20 F. Trade Secrets. Confidential Information and the Texas Public Information Act 1. Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the proposer believes that the proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All proposals or parts of the proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Public Information Act. G. Conflict of Interest The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this proposal, the proposer certifies and represents to the County the proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the proposal. Any such contact will be grounds for rejection of the vendor's proposal. H. Addenda and Modifications 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum E1-3E1) p. 153 RFP No. CIP 20-502 Page 9 of 20 will be posted on the Brazos Valley e -Marketplace http://brazoabid.ionwave.net and will become a part of the proposal package, having the same binding effect as provisions of the original proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing proposal responses. 4. The County does not assume responsibility for receipt of any addendum sent to proposers. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all addenda to the Purchasing Agent. I. Examination of Documents and Requirements Each proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a proposal. 2. Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. J. Taxes Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. K. Insurance The vendor shall procure and maintain at its sole cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the vendor, its agents, representatives, volunteers, employees or subcontractors. The vendor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the vendor's insurance and shall not contribute to it. Further, the vendor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. RFP No. CIP 20-502 Page 10 of 20 Standard Insurance Policies Required: 1. Commercial General Liability Policy 2. Automobile Liability Policy 3. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shaII be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. Commercial General Liability a. General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. C. Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Automobile Liability a. General Liability Insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. Vol. 3oa pg, Iss RFP No. CIP 20-502 Page 11 of 20 b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. Workers Compensation Insurance Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the vendor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, vendors and subcontractors must use that portion of the form whereby the hiring vendor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent vendor may not. be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certificate') -.4 copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the vendor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in section 406.096 (of the Texas Labor Code)) - includes all persons or entities performing all or part of the services the vendor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Vendor's, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Vol. 304> Pg. 15Cp RFP No. CIP 20-502 Page 12 of 20 "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. R The vendor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the vendor providing services on the project, for the duration of the project. C. The vendor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the vendor's current certificate of coverage ends during the duration of the project, the vendor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The vendor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and 2. no later than seven calendar days after receipt by the vendor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The vendor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The vendor shall notes the.governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the vendor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The vendor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on theiproject that they are required to be covered, and stating how a person may verf; coverage and report lack of coverage. L The vendor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project;. x,140: • I., �� . RFP No. CIP 20-502 Page 13 of 20 ii. provide to the vendor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the vendor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Vendor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end oj' the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; A notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. notify the governmental entity in. • writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the vendor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission's.Division of Self -Insurance regulation. Providing false or misleading information may subject the vendor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. Certificates of Insurance Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. RFP No. CIP 20-502 Page 14 of 20 c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. Compliance with Law The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. Safetv Precautions Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. Indemnity To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the RFP No. CIP 20-502 Page 15 of 20 z Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault, or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. C. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend: to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, their 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. O. Release The proposer assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all Vol. o_� B Pg. ��o RFP No. CII' 20-502 Page 16 of 20 claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the vendor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the vendor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. P. Bonding Reauirements 1. All proposers must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful proposer must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE PROPOSER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE PROPOSER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. Proposal Submittal 1. The proposer shall submit the proposal on the forms enclosed on the Brazos County web sites. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the proposer shall state the prices. 2. If a proposal is submitted by an individual, their name must be signed by them or their duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an offccial or duly authorized agent. 3. By submitting a proposal; the proposer is stating that they have reviewed and considered the RFP, Exhibit A (Prevailing Wage Rates), Exhibit B (Bid Form), Exhibit C (Engineer's drawings and Specifications) and Exhibit D (Supplementary Conditions). v06, �$- P9, I �.1 RFP No. CIP 20-502 Page 17 of 20 4. By submitting a response to this RFP, the proposer is agreeing to sign the County's Standard Agreement for Construction Services. 5. The proposer must submit an original and five (5) copies of the proposal to Brazos County. 6. The complete proposal should include the following: a. Completed and signed RFP. b. Contractor's Qualification Statement (AIA Document A-305 or equal) i. To include similar projects of size and scope ii. To include Project Manager and Superintendent experience iii. To include list of available resources c. Bid bond, certified check or cashier's check for 5% of the total bid amount d. Completed Exhibit B- Bid Form 7. By signing the certification below, the vendor verifies that all plans, and specifications have been reviewed and are considered in the pricing in the proposal submitted. R List of Sub -contractors Chip Seal Pavement 2. Concrete 3. Traffic Control AWP Inc 4. Erosion Control CEN TEX Hydroseed Inc 5. Earthwork 6. Demolition 7. Revegetation 8. Other Other S. Pricing Complete Exhibit B attached and submit with the proposal. RFP No. C1P 20-502 Page 18 of 20 T. Proposal Evaluation Waiver By submitting a proposal or response, each proposers/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized STATEMENT OF AFFIRMATION Firm's Name: Glenn Fuqua lnc Address: PO Box 589 Navasota TX 77868 Proposer's Name: Glenn Fuqua Position/Title: President Proposer's Signature: Date: December 12, 2019 Subscribed and sworn to me on this 12 day of December in the year 2019 a"\ «,( NotaryTublic My Commission expires '2-� rI t,� I ') - P -�-3 Vol. Pg.\LQ11 RFP No. CIP 20-502 Page 19 of 20 U. Addenda The undersigned acknowledges receipt of the following addenda issued during the time of solicitation and includes the several changes therein in this proposal. No. 1 No. 2 Im Date November 20, 2019 Date December 9, 2019 Date V. Certification of PronosaI The undersigned arms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other proposer, and that the contents of this bid have not been communicated to any other proposer prior to the official opening. - Signed By: Title: President Typed Name: Glenn Fuqu Company Name: Glenn Fuqua Inc Mailing Address: PO Box 589 Navasota, TX 77868 P.O. Box or Street City State Zip Employer Identification Number: 74-2001051 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. CIP 20-502 By signing below, Brazos County agrees that this RFP CIP 20-502 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. !� By: Brazos County Commissioner's Date Atte, • Pg.-ILQ-q- RFP No. CIP 20-502 Page 20 of 20 W. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) Iist. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270. 00 1, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Glenn Fuqua Inc Authorized Company Representative: Glenn Fuqua Address: PO Box 589 Signature: Contract # CIP 20-502 Navasota, TX 77868 Date: Shaw Tap Road Reconstruction Vol. Pg. 1 L2 5 b. CONTRACTOR'S QUALIFICATION STATEMENT L Contractor Qualifications FM 957 Lavaca County Highway Restoration $ 1,599,661.93 FM 109 Colorado County Highway Restoration $ 3,476,586.21 FM 159 Brazos County Highway Restoration $ 2,816,987.76 ii. Job Superintendent Qualifications Marvin Weaks has over45 years of job experience in the construction field and has overseen all of the above project listed. He is knowledgeable of earth and dirt construction and has been with Glen Fuqua, Inc. since 1973. Brazos County Road and Bridge can feel confident that work performed under the direction of Marvin will be done in a timely professional manner. iii. List of available resources Equipment Romco Equipment Material Martin Marietta (Base Material) Cleveland Asphalt (Asphalt Material Possible Sub Contractors Centex Hydroseed (Erosion Control) AWP Traffic (Traffic Control) CMC Commercial Services (Construction Items) Forterra Pipe (Box Culverts, SET's and Pipe) J & M Contracting (Concrete Work) Document A310 7M - 2010 Conforms with The American Institute of Architects AIA -Document 310 Bid Bond -CONTRACTOR: (Mautc, legal slautc mid addrimy) Glenn Fuqua, Inc. 5698 FM 3455 Navasota, TX 77868 •1`fi'T lNanr�; lc;Grt/s/alusa►rdaddnssl Brazos. County 200 S. Texas Avenue, Suite 352 Bryan, Texas SURETY: (Minna, lagalmaulsandp,inclpa!plrrcaofh:crlxcv+} Hartford Fire Insurance Company One Hartford Plaza Hartford, CT 06155 Malling Address for Notices Hartford Fire Insurance Company One Hartford Plaza Hartford, CT 06155 BOND -AMOUNT: $ Five Percent (5%) of the Amount Bid PROJECT: (Noma, locationoraddrest. mrd/rrojecrnlnnban ifan)j Dilly Shaw Tap Road Reconstruction Dilly Shaw Tap Road & FM 974 Bryan, Brazos County, Texas This docuntont has Important legal consaquencos. Consultation with an attorney is oncouraged with respect to its completion or modification, Any singular rererence, to Contractor, surely, Owner or other party, shall be, considered plural where applicable. Tile Contractor and Surety ara bound to Ibc Ower in the awouni set forth above: for ilia payment of which the Contractor and.Sarcty-bind thcrosdvos, tiieirheirs, oxwntors,-administrators, sitcccssors and.assigus, jointly.ond sovorally, as providcd.hcrcia. The conditions of this Bond aro snch•11tat if ilio Owner accepts the bid of.tinc Contractor withal tiro thud speciticd in.tho bid dootuncitts, or within iuoh'titne period as may be ogrcod'to by ilio Otvaer and Contractor, and tho'Con1roctor either (l) enters into a contract with ilia Owner in accordance with ilia tents of such bid, and gives such bond or bonds as may be specified fa ilia bidding cr Contract Odwincti% with a surety admitted in the jurisdiction of tho'llroject and otherMso acceptable to ilio Q.Wncr, for filo faithfbl performance of subb Contract and for the prompt poymeut of labor and material fimtished in ilia prosccution.tbcreot:'or (2) pays 10 1119 Uwnor ilia diference,.not.to exceed ilia amount of 1149 Bond; betivicen.the aiuount specified in said bid and sacb forger amount for which ilia Owner may In -good faith contract with another party to perlornt ilia work eavergd by suid hid, flign this obligaiimt shall be null and void, olhurwisa to rentuihin fill lbrcu and eilrct. The Surely hcroby ►valves any notice ol'oo agrcamanl betwcon the Owner mini Cnnlrouhtr to estand ilia time nit which Ilia Owner may uccupt ific hid: VNoivcrol'tiotice by ilia Surety shall not apply tit any cxfcnsion exceeding sixty (60) days in the uggrogatu beyond lite tine for accoptunce nfbids vdow in Uta bid ditcunicnts, and iiia Owiter and Cuntrugtnr.51141I obtain lite Surcty's uuuselii for an cxltiosion beyond slily (60) duy;s. If this Bond is-issuad in connection with a subcontractor's bid to n Contractor, ilio tarns Contractor in this Bond shall W doomed to be Subcontractor and the term Owner shall be damned to be Contractor. When this-iltmdlm buten llinrished to comply with u statutory air usher legal requlruntcnt in the locution nl'tha Anrject, uny provision fu this 13onQconlifcting Wilt said slolulory itr legal rcaptironicnl shall fwf deeinud dcleted.lterefima and priwisiunscnnfurnting to such statutory or other legal raquircatent shall he deenied Incorporaled herein. When so liinikhedi lite inlont is that this florid shall hn consumed 4s a slatatory. bond mid not us u common law hand. Signed and sealed this 12th day of December, 2019. !Jl'!n►vssl - - -- Glenn Fuqua, Inc. (A1lliclpal) - (Baal) B Lq.t2�k_. Nlie) Hartford Fire Insurance Company hSurtr7yf (.Baal) (ii'lthomj -Corinie Kreg BL: `� ww (17110 1p1 ey dd Mciritosh A Lrn_ey-In-Fac voi. pg. kU7 a KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: JT MAC & ASSOCIATES LLC Agency Code: 46-508071 0 Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Q Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana 0 Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Jeffrey Todd McIntosh, Connie Jean Kregel of PLANO, Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is.named above, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and Its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. esnWri atr:, w �ir„� yi� a � $ � 'I 1987 � E 'f • ,i • �,S � v �►� ( KPl°�t.ntnv�0 • �•ortl► y;:�;Y84g er iW97 r v /4 e John Gray, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. T f(qy Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 12, 2019. Signed and sealed at the City of Hartford. ski i°'� a °��c� s t•—..'!ra 1 yy /�fc� —"t►i 1=19. •�4�ti•ar� * ry..._��/ •♦�:''~4,,tN �A �j♦lJri�1al9atn�9t'1a1°vaa1l+oa• iaG►•ttl►fi c'"s.LLLL;y}rau9t7o�lg 'Jo•^e {f—o.''r 1 4• � t la7/ 1979 Kev n Heckman, Assiistant Vice President POA 3018 Vol. Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND, T-12 Hartford,One onne tcut06155 Bond.Claims(a)thehartford.com call: 888r266-3488 orfax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: JT MAC & ASSOCIATES LLC Agency Code: 46-508071 0 Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Q Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana 0 Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Jeffrey Todd McIntosh, Connie Jean Kregel of PLANO, Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is.named above, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and Its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. esnWri atr:, w �ir„� yi� a � $ � 'I 1987 � E 'f • ,i • �,S � v �►� ( KPl°�t.ntnv�0 • �•ortl► y;:�;Y84g er iW97 r v /4 e John Gray, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. T f(qy Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 12, 2019. Signed and sealed at the City of Hartford. ski i°'� a °��c� s t•—..'!ra 1 yy /�fc� —"t►i 1=19. •�4�ti•ar� * ry..._��/ •♦�:''~4,,tN �A �j♦lJri�1al9atn�9t'1a1°vaa1l+oa• iaG►•ttl►fi c'"s.LLLL;y}rau9t7o�lg 'Jo•^e {f—o.''r 1 4• � t la7/ 1979 Kev n Heckman, Assiistant Vice President POA 3018 Vol. IMPORTANT NOTICE To obtain information or make a complaint: You may contact your Agent. You may call The Hartford's Consumer Affairs toll-free telephone number for information or to make a complaint at: 1-800-451-6944 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252.3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 7.8714-9104 Fax: (512) 490-1007 Web: www, tdi. texas. gov E -mai l: ' Consumer. Protection@ tdi. texas. eov PREMIUM OR CLAIM DISPUTES: Should you -have a dispute concerning your premium or about a claim, you should. contact the (agent) (company) (agent or the company) first. If the dispute is not.resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ./1X4275-1 BID FORM - EXHIBIT '!B" Dilly Shaw Tap Road Reconstruction O From 2,500' Southwest of Dilly Shaw Tap Road and F.M. 974 to 1,200' Southwest of Dilly Shaw Tap Road and Cedar Creek GESSNER Pavement, Earthwork, and Storm CNG I NEER I N G Gessner Engineering, LLC December 9, 2019 Brazos County Project No. R1-202 General Items Item # Item Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance 1 LS $ 100,000.00 $ 100,000.00 101 Traffic Control 1 LS $ 20,000.00 $ 20,000.00 102 Erosion Control Including Hydroseed 1 LS $ 40,000.00 $ 40,000.00 103 Permanent Single Mailbox, Complete in Place 5 EA $ 400.00 $ 2,000.00 104 Permanent Double Mailbox, Complete in Place 3 EA $ 600.00 $ 1,800.00 Sub Total - General Items $ 163 800.00 Demolition Item # Item Quantity Units Unit Cost Total 200 Remove Existing Culverts and S.E.T.'s 1 LS $ 20,000.00 $ 20,000.00 Demolition of Existing Chip Seal and 201 Limestone Base Road (Including Driveways), 39,133 SY $ 1.00 $ 39,133.00 Will and Mix in Place 202 Clearing and Grubbing 1 LS $ 50,000.00 $ 50,000.00 Sub Total - Demolition $ 109 133.00 Storm I Drainage Item # Item Quantity Units Unit Cost Total 300 18" RCP Type III (Structural Backfill), 589 LF $ 65.00 $ 38,285.00 Complete in Place 301 24" RCP Type III (Structural Backfill), 144 LF $ $ Complete -in Place 75.00 10,800.00 302 60" RCP Type III (Structural Backfill), 96 LF $ 400.00 $ 38,400.00 Complete in Place 303 72" RCP Type III (Structural Backfill), 50 LF $ 550.00 $ 27,500.00 Complete in Place "304 3':X 2' RCB Culvert Type III, (Structural 40 LF $ 350.00 $ 14,000.00 Backfill), Complete in Place 305 4' X 2' RCB Culvert Type III, (Structural 382 LF $ $ Backfill), Complete in Place 400.00 152,800.00 306. VX 3' RCB Culvert Type III, (Structural 144 LF $ 500.00 $ 72,000.00 Backfill), Complete in Place 307 18" 4:1 SETs, Complete in Place 32 EA $ 460.00 $ 14,720.00 308 Cast -In -Place Concrete Headwall for 3 -18" 2 EA $ $ RCP Culverts, Complete in Place 3,500.00 7,000.00 309 Cast -In -Place Concrete Headwall for 3 - 24" 2 EA $ 4,500.00 $ 9,000.00 RCP Culverts, Complete in Place von. 30S pg.\70 Item # Item Quantity Units Unit Cost Total 310 Cast -In -Place Concrete Headwall for 2 - 60" 2 EA $ 10,000.00 $ 20,000.00 RCP Culverts Complete in Place 311 Cast -In -Place Concrete Headwall for 72" RCP 2 EA $ $ CulvertComplete in Place 15,000.00 30,000.00 312 Cast in Place Concrete Headwall for 3'X2' 2 EA $ 5,000.00 $ 10,000.00 RCB Culverts Complete in Place 313 Cast in Place Concrete Headwall for 3 - 4'X2' 6 EA $ $ RCB Culverts, Complete in Place 9,000.00. 54,000.00 314 Cast in Place Concrete Headwall for 3 - 5'X3' 2 EA $ $ RCB Culverts, Complete in Place 12,000.00 24,000.00 315 Type R Rock Riprap, Complete in Place 349 SY $ 58.00 $ 20,242.00 Sub Total - Storm / Drainage $ 542 747.00 Pavement and Earth Work Item # Item Quantity Units Unit Cost Total Earthwork - General Grading of Material in 400 Roadway to Meet Design Grades, Grading of 109,734 SY $ 1.40 $ 153,627.60 Ditches Including Compaction In Place 401 Earthwork - Cut to Design Grades and Haul 37,736 CY $ Off Excess In Place $ 8.00 301,888.00 Earthwork - Remove and Replace 6" of 402 exisitng surface course Mix and Stabilization 1,729 CY $ 8,645.00 from STA 34+69 to STA 63+86 DSS $ 5.00 Earthwork - Remove and Replace Unsuitable Soils and Material with Select Fill Including 403 Compaction (In Place). Limits of Remove and 500 CY $ 20.00 $ 10,000.00 Replace to be Approved by Engineer Prior to Initiating Work. Earthwork - Remove and Replace Unsuitable Soils and Material with General Fill Including 404 Compaction (In Place). Limits of Remove and 500 CY $ 20.00 $ 10,000.00 Replace to be Approved by Engineer Prior to Initiating Work. 405 Lime Stabilization of Subgrade w/ Compaction 1,000 SY $ $ Does not include cost of Lime)3.00 3,000.00 406 Lime for Stabilization of Subgrade (Assume 18 TONS $ 6% b weight $ 175.00 3,150.00 Cement Stabilization of Subgrade w/ 407 Compaction (Does Not Include Cost of 61,140 SY 1.50 $ 91,710.00 Cement) $ 408 Cement for Stabilization of Subgrade w/ 660 TONS$ Compaction Assume 4% b weight) $ 155.00 102,300.00 6" Crushed Limestone Base for Chip Seal 409 Driveway Pavement Section, Complete in 1,356 SY 17.00 $ 23,052.00 Place 12" Crushed Limestone Base for Chip Seal 410 Roadway Pavement Section, Complete in 52,090 SY 22,84 $ 1,189,735.60 Place $ 411 Two -Course Chip Seal Pavement, Complete in 52,090 SY $ Place $ 7.20 375,048.00 Item # Item Quantity Units Unit Cost Total 412 Chip Seal Driveways, Complete in Place 1,356 SY $ 10.00 $ 13,560.00 413 6" Concrete Pavement, Complete in Place 729 SY $ 80.00 $ 58,320.00 414 4" Concrete Sloped Pavement, Complete in Place 4,498 SY $ 50.00 $ 224,900.00 415 Salavage and Relocation of Existing Signage, Complete in Place 14 EA $ 150.00 $ 2,100.00 Sub Total - Pavement and Earth Work $2,571,036.20 Contractor's Total Bid $ 3,386,716.20 Brazos County Contingency $ 200,000.00 Total Amount $ 3,586,716.20 Time of Completion (Calendar Days) 175 Vol. 3Pg. q a Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to CIP 20-502 Dilly Shaw Tap Road Reconstruction Issued: November 20, 2019 Change: Revised Plan Sheets Reason: The original previously called out asphalt drives, they are no chip seal. Also called out Top of Headwall and lengths. Gessner also provided flow line elevations for culverts. Please see updated plans attached This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Adden m: Signature: Printed Name: G -L r.v.... G�� Vol, Sag pg. \1 Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #2 to CIP 20-502 Dilly Shaw Tap Road Reconstruction Issued: December 9, 2019 Change: Revised Bid Form and Added Pre -Proposal Sign In Sheet Reason: Please see the revised Bid Form attached which Item #412 -Chip Seal Driveways, Complete in Place was added. Also, see the pre -proposal sign in sheet attached. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Adde dum: Signature: Printed Name: dw.v /ca v Vol. 30,b—Pg. 11 q Item Coversheet BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 1/7/2020 ITEM: Approval of the amended Travel Policy effective January 1, 2020. TO: Commissioners Court DATE: 01/02/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Travel Reimbursement Policy at 1.1.2020.odf Travel Policy Backup Material email seeking approval.ndf email seeking approval Cover Memo Page 1 of 1 M ,APPRjO 0 Duane Peters Date County Judge Vag.C) p _ LJ 11ttnc•//hra7nc nn"m.cavendn rnm/AaPnrlaWPh/C'nvPrChPPt acnx9TtPmTT)=7.f117.A 1/7/7(1 .(1 i i I BRAzo� TRAVEL POLICY A I POLICY AND PROCEDURES FOR COUNTY TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES. THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON THIS THE 8TH DAY OF JUNE, 1995 TAKES THE PLACE OF ANY PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE 6TH DAY OF JUNE, 1995. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON FEBRUARY 17,1998. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON AUGUST 1st, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 5th, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON FEBRUARY 11th, 2003. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 20TH, 2005. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON JANUARY 31, 2006. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 11, 2007. THE POLICY WAS OFFICIALLY -AMENDED BY COMMISSIONER'S COURT ON April 1, 2008 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 28, 2010 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON June 28, 2011 revising the County Mileage Reimbursement Rate to 55.5 cents/mile. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON 1 va..� Pg. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES December 4, 2012 revising the County Mileage Reimbursement Rate to 56.5 cents/mile effective 1/1/2013. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 24, 2013, revising the County Mileage Reimbursement Rate to 56.0 cents per mile effective 1/1/2014. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 30, 2014, revising the nightly lodging rate from $85.00 plus tax per night to the rates set by the State of Texas plus applicable taxes for travel after September 30, 2014. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 30, 2014, revising the County Mileage Reimbursement Rate to 57.5 cents per mile effective for travel occurring on or after 1/1/2015. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 29, 2015, revising the County Mileage Reimbursement Rate to 54.0 cents per mile effective for travel occurring on or after 1/1/2016. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 14, 2016, revising the County Mileage Reimbursement Rate to 53.5 cents per mile effective for travel occurring on or after 1/1/2017. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 28, 2017, revising the County Mileage Reimbursement Rate to 54.5 cents per mile effective for travel occurring on or after 1/1/2017. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 28, 2018, revising the County Mileage Reimbursement Rate to 58.0 cents per mile effective for travel occurring on or after 1/1/2019. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON JANUARY 7, 2020, revising the County Mileage Reimbursement Rate to 58.0 cents per mile effective for travel occurring on or after 1/1/2020. This policy and related procedures replaces all previous policies and procedures. It explains Brazos County's policy relevant to the authorization of travel and the reimbursement of expenses incurred incidental to travel. Section 152.011 of the Texas Local Government Code gives the Commissioners' Court the authority to set travel expense and other allowances for all County officials and employees. This policy is to be viewed as an "accountable plan", and therefore satisfies the reporting and documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. § 162 and §274 and Treasury Regulations 1.62.1 to 1.62.6). A. GENERAL DEFINITIONS 1. Accountable Plan - a plan under which an employee is reimbursed for expenses or receives an allowance to cover expenses. The following four conditions must be satisfied: a. There must be a County business purpose for the expenses, 2 vol. 30 P13. 1'-f BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES b. The employee must clearly state and properly support that there was a business purpose for the expense, c. The employee must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses, and, d. The employee is required to return (i.e. with advances) to the County any amounts received in excess of documented expenses. 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. 3. Auditor - the County Auditor and/or his designated staff. 4. Authorization - a recognized approval level that requests the County Treasurer to encumber funds for approved travel purposes. An approval level is the signature of the elected official, department head or employee authorized to approve claims for the department. This authority is established by completing a computer user access form designating the employee to be on a departmental approval group in the Finance Plus financial system with the County Auditor's office. 5. Official County Business - a business function in which County employee(s) are participating, and which is recognized by the Commissioners' Court as being official business of Brazos County. 6. Duty Point - the primary place of employment, i.e. courthouse, road and bridge, tax office, etc. 7. Traveling County Employee - an elected official, a department head, or a person employed in the direct service of an elected official or department head who is traveling on official County business. 8. In -County Travel - travel that takes place within the confines of the legal boundaries of Brazos County, and where the primary end destination of the travel is within these same boundaries. 9. Out -of -county -Travel - any travel that has a primary end destination outside -the established legal boundaries of Brazos County. 10. Out-of-state Travel - any travel that is undertaken which has a primary end destination outside the established legal boundaries of the State of Texas. 11. Educational Travel - out -of -County travel that is undertaken by County employees for approved education seminars, conferences and meetings. 12. Law Enforcement Travel - travel expenses incurred by County law enforcement personnel for the explicit purpose of transporting prisoners and/or probationers, collection of evidence, and other travel directly attributable to official County business. 13. Travel Expenses - transportation (airline fares, personal auto, public transportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling on official County business. Vol. __,308 - - P9..1Z_ BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES 14. Travel Expense Forms - all forms so designated by the Auditor's office to be used to report actual and estimated travel expenses for official County business. These forms are to be submitted to the Auditor's office for reimbursement and/or documentation for advances with regards to travel expenses. 15. Direct Billing - a pre -arranged billing, established for a County employee with a lodging facility at which they plan to stay when away from their place of employment overnight on County business. Direct Billing is arranged by the Auditor's office with the intent being the reduction of the employee's financial responsibility for costs associated with travel on County business. 16. Incidental Expense - a necessary and reasonable expense incurred by a County employee while traveling on official County business. This does not include transportation, meals, lodging, tips, gratuities, alcoholic beverages, laundry or in -room video rental. 17. Mileage - the distance from a duty point to a destination. As noted in the following procedure, the County will reimburse mileage based on an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com. 18. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal automobile while on County business. 19. Meal Expense — limited to $36.00 a day for meals, if an employee is away from their duty station overnight. 20. Host Hotel — "preferred room rates" negotiated by a sponsor for participants of a conference, seminar or continuing education training, at or near the program site. 4 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES B. GENERAL POLICY STATEMENT All reasonable and necessary travel by County employees for which a departmental budget has been established, and for which the department has funds remaining in the budget, and for which the travel is required in order for the employee to conduct County business is authorized. County officials and department heads are expected to plan out -of -County travel for themselves and their employees to achieve maximum economy and efficiency. All County reimbursed travel must be for official County business only. It is the responsibility of the County official and/or department head to see that all Out -of -County travel expense forms are properly completed, documented, signed and forwarded to the County Auditor's office within fourteen (14) calendar days of the travel return date. In -County mileage reimbursements may be submitted on a monthly basis. Upon submission of the travel reimbursement form amounts that are $10.00 or less will automatically be deducted from the employee's next payroll after the forms submission. Amounts greater than $10.00, it is the employee's responsibility to pay back to the County Treasurer's office or notify the Auditor's office authorizing a payroll deduction for these amounts with the submission of the travel reimbursement form. C. IN -COUNTY TRAVEL In the process of conducting County business, employees may be required to travel to locations within the County, but away from their normal duty station. If the employee incurs expenses incidental to such travel, the employee is required to obtain authorization from the department head for such expenses. If the anticipated expenditure will be in excess of $25.00, the department head may request a travel advance using the Travel Advance Form and secure the Commissioners' Court approval before any expense is incurred. Employees are expected to report the shortest distance between destinations for all travel. The County will not reimburse for personal mileage or for travel between an employee's residence and their duty point. The County will not reimburse for meals unless employee is away from their duty station overnight. The employee traveling on official County business within the County should first determine from the department head if a County vehicle is available to conduct such business. All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County Auditor's office of completed reimbursement request forms. Procedure: For In -County travel, Mileage Reimbursement Requisition should be used. This form is to be turned in by the employee to the department head at least once a month for previous travel. Department heads should then prepare a request for reimbursement and forward the completed request and attached documentation to the County Auditor's office. Mileage will be reimbursed based on the actual mileage traveled at the prevailing rate established by the Commissioners' Court. The County will not reimburse employees for meals or lodging expense incurred In -County. F1 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES D. OUT -OF -COUNTY TRAVEL Out -of -County travel by County employees is permissible provided that it is authorized in advance by the department head and does not exceed departmental budgetary allowance for such travel. It is the department head's responsibility to ensure that each request has adequate documentation attached to support the stated time, place, and business purpose of the travel expense (see "Accountable Plan" requirements, Page 1). The County will reimburse for County employee meals only while the employee is out of the County on County business and away from their duty station overnight. If the travel expense is anticipated to exceed $25.00 a travel advance may be requested. Procedure: All Out -of -County reimbursement requests are to be made on Travel Reimbursement Requisition. Requests for meal reimbursement are to be as follows: .. 1. Meals will be reimbursed at the amounts listed, taxes.included: Breakfast $ 8.00 Lunch $ 10.00 Dinner $ 18.00 2. No receipts will be required. 3. The County will not reimburse an employee for more than $36.00 per day for meals. Meal reimbursement will not be provided to an employee unless the employee is away overnight. 4. The County will not reimburse for meals provided by the conference or seminar. It is expected that the conference or seminar registration fees include any meals provided and that the employee will avail themselves of these meals. Additionally, a "continental breakfast" is not considered a meal for reimbursement purposes. The County will reimburse County employees for mileage, if a personal vehicle is used, while the employee is Out -of -County on County business. Mileage reimbursement will be made based on the duty station address to, specific destination address as documented by using an intemet mapping . service such as mapquest.com, yahoomaps.com or googlemaps.com, at the existing reimbursement rate set by Commissioners' Court. 6 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Requests for mileage reimbursements can be made in one of two ways: 1. Where mileage request is simply for a round trip the employee need only enter the dollar value on the Form. This is arrived at by multiplying the documented mileage by 2 and then multiplying this product by the reimbursement rate that has been established by Commissioners' Court. It is requested that the employee use an internet mapping service with specific addresses including number, street and zip code such mapquest.com and that the mileage documentation be submitted with the Mileage Reimbursement Requisition or Travel Reimbursement Requisition. 2. Where mileage is requested for the use of a personal automobile while on County business and the request is for mileage other than the round trip from duty point to destination, then the employee should use Mileage Reimbursement Requisition to establish the additional miles and business purpose. The County will not reimburse for mileage incurred at the destination city in pursuit of food or personal errands. Additional miles incurred at the destination city for County business should be documented using addresses at either, www.mapquest.com, www.googlemaps.com or www.yahoomaps.com. _ These totals should then be transferred to the Travel Reimbursement Requisition. The County will reimburse the traveling County employee for the actual cost of lodging expenses incurred, not to exceed the rate used by the State of Texas for the location, excluding taxes, while traveling on official County business. The travel needs to be approved by the department head, and the cost must not exceed the remaining departmental budget. Receipts are required for the reimbursement of lodging expenses. Please see Section G, this policy, for more information on reimbursement of lodging expenses. E. OUT-OF-STATE TRAVEL The County will reimburse employees for out-of-state travel using the GSA approved lodging and meal rates. The rates can be found by searching the city or zip code on http://www.gsa.gov/portaYcategory/100120. If the employee elects to use a personal automobile for such travel, the County reimbursement will not exceed the lesser alternative: either the mileage (round trip at the prevailing rate per mile) or the round trip airfare from Easterwood Airport to the destination (a commercial airline quote is required). It is noted that when the distance is greater than 350 miles, and when the air fare ticket can be purchased 21 days in advance, it is usually cheaper to fly than drive. Any employee traveling on County business who does not wish to fly, and whose destination is out of state may place a request before the Commissioners' Court requesting authorization to drive and to be reimbursed for the actual travel expense. The request would need to be in writing, placed before the Commissioners' Court 10 days prior to departure, and would need to include the reason for the request and a comparison of the costs. Commissioners' Court has the authority to accept and/or reject each request based on merit as presented. Procedure: Any out-of-state travel request must be presented to the department head. All requests for reimbursement are to be made on Travel Reimbursement Requisition. If a Travel Advance is needed, it should be requested at the same time. 7 Fl. 2ab' _P,.1 0� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES F. TRAVEL ADVANCES Employees that anticipate being away from their duty station on County business and Out -of -County for more than three (3) days, or when travel expenses are anticipated to be more than $25.00, may request a travel advance. The employee would be required to fill out Travel Advance Requisition. The form should be submitted to the department head for approval and forwarded to the County Auditor's office for processing. All requests for advance must be filed with the Auditor's office ten days prior to the departure date so that proper approval from the Commissioners' Court can be secured. The request should not exceed the estimated expenses. All meal advances will be based on $36.00 per day and a maximum of the amount allowed for the location set by the State of Texas (Domestic Maximum Per Diem Rates) plus taxes will be advanced for each day of lodging that the employee anticipates. All employees are encouraged to arrange for direct billing and to arrange for quotations for air transportation when required. Procedure: Once the employee has returned to their normal duty station, the- -employee has fourteen (14) days to submit documentation to the County Auditor's office on a Travel Reimbursement Requisition to account for the use of the travel advance funds. The employee should attach a copy of Travel Advance Requisition to their request to document the advance received. If the employee has received funds in excess of their need the balance should be remitted to the County Treasurer's office, and a copy of all receipt(s) attached to Travel Reimbursement Requisition. After the 14 day period travel advances that have had documentation submitted will be deducted from the employee's paycheck as agreed in the travel advance requisition. All disbursement of funds and collection of funds with regards to travel advances will be handled through the County Treasurer's office. The department head has oversight responsibility for all disbursements related to travel advances. G. LODGING The County will be responsible for a maximum of the amount allowed for the destination set by the State of Texas (Domestic Maximum Per Diem Rates) plus tax per day, for lodging expenses incurred by a County employee while traveling on. official County business either out of county or out of state. The. County prefers to arrange for hotel accommodations to be billed directly to the County. Department heads are encouraged to plan as far in advance as possible, and to arrange for direct billing. The County will only be responsible for the amount allowed for the destination set by the State of Texas. If the room charge is greater than allowed, the employee should be prepared to be responsible for the difference. The State of Texas follows the U.S. General Services Administration per diem rates by location. Rates are set by fiscal year, effective October 1 each year. The rates can be found by searching by city or zip code at this website: hU://www.gsa.goy/portal/category/100120. The decision to pay the lodging fee for the night before a conference or meeting is at the discretion of the department head. This decision is based on the location of the meeting site and beginning or ending time of the program. Likewise, the decision to pay the lodging fee for the last day of a conference or meeting is at the discretion of the department head. It is the employee's responsibility to make sure this issue is covered prior to the meeting taking place and prior to the request being placed before the Commissioners' Court. 8 Pg- 1� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Host Hotel In many instances a county employee will attend a seminar, conference or continuing education program where the sponsor of the program has negotiated preferred room rates at (or near) the site where the program is to be held. In many instances the preferred room rate is referred to as the "host hotel." In some instances the program sponsor has secured such preferred rates at several locations. The county would prefer that county employees attending such programs stay at the "host hotel." And, therefore, if the room rate is greater than the rate allowed under Section G — Lodging of this policy, the county will reimburse the employee for the full amount of the room plus tax. The employee is required to provide adequate documentation that the program negotiated a preferred rate with the "host hotel." An example of adequate documentation would include a seminar brochure or registration information provided by the program sponsor that lists the preferred hotels. In the event an employee is able to secure a room for an amount less than the host hotel rate when a host hotel is available without incurring additional parking, car rental or mileage -expenses the employee will be reimbursed at the actual room rate. Many times the county employee attending a sponsored program does not plan to attend the program in a timely maturer and all "reserved program rooms" will have been taken. Alternative sites will not be considered as "host hotels" unless specifically designated as such by the program sponsor. Out -Of -State When a county employee requests out-of-state travel for a sponsored seminar, conference or continuing education program, and there is not a designated "host hotel", it is the employee's responsibility to register in a timely manner to allow the opportunity to stay at the hotel or conference center where the program is being held. When the employee makes a request for out-of-state travel, the request should clearly state the anticipated room cost, and request formal approval for reimbursement. Relatives and -Friends Frequently county employees while traveling on county business and away from their duty station overnight will stay with friends and/or relatives. As a result their application for reimbursement will appear as if they were not away from home overnight. When such an event happens, the employee should attach a notice to their reimbursement request to allow the county auditor's office to confirm the over night stay. Restrictions on County reimbursable lodging expenses: 1. The County WILL reimburse for: Daily Room Charges as allowed by the rates adopted by the State of Texas for the destination plus tax. Properly Documented Business Telephone Calls Facility Parking Charges — Self parking only* Taxi Fares (ate documentation required) Alternate means of travel (i.e. bus, train, etc.) 9 Vol. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Internet service used for conducting County business Tolls for toll road travel — receipts required Valet parking for handicapped employees with a valid handicap placard from the Tax Office. 2. The County will NOT reimburse for: Snacks Charged To The Room Room Service (No gratuity, no room service charge) Personal Expenses (i.e.: Valet, Dry Cleaning, Laundry, etc.) Tips and/or Gratuity Alcoholic Beverage Charges Video Rental (i.e.: In -Room Movies, etc.) Personal Phone Calls Hotel Club Charges Recreational Facility Charges *The County will reimburse for self parking at any rate with receipts. Valet parking will be reimbursed -if it is the only parking available and is documented as such by the hotel. In the -event self parking and valet parking are available and the employee chooses to use valet parking the County will only reimburse up to the rate equal to the self parking rate. Employees who incur lodging charges defined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facility by the employee at check out. If any of these charges billed incorrectly directly to the County by a lodging facility, the employee will be responsible for remitting reimbursement to the County Treasurer. Procedure: The employee will be required to obtain an original lodging statement from the establishment where the employee stayed. This statement should be attached to the Out -Of -County Travel Reimbursement Request. No exceptions will be allowed. H. AIR FARE and CAR RENTALS All County employees are required to travel by the least expensive mode of travel. The employee should evaluate whether travel by airplane to the destination point is cheaper than traveling by other means. The County will only reimburse for the least expensive mode of travel, unless the employee's supervisor can show good cause for using another mode.. When the final destination is over 350 miles then air travel should be considered. Car Rentals should only be utilized when required for the employee to fully carry out their official business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The County will not reimburse for expenses incurred for personal reasons. The County would prefer that the employee not enter into a rental arrangement unless it is necessary and required for the completion of the business purpose. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars) and necessary gasoline for the rental with receipts. The County will not reimburse for mileage on a rental car. 10 Val. Pg. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES I. CONFERENCES. SEMINARS and CONTINUING EDUCATION The County prefers to pay in advance for conferences, seminars and registrations for continuing education. By so doing, the financial responsibility placed on the employee is reduced and proper and timely assistance can be given to the employee with regards to reservations, travel advances, and completion of reimbursement forms. The County requires that requests for registration fees be accompanied by a conference program, seminar program, or continuing education program that indicates the cost, location and payee's address. The County requires that the employee's supervisor approve the request. The supervisor must indicate that the employee's attendance will enhance the employee's ability to perform in their assigned job function. Each elected official or department head is required to budget for registration at conferences, seminars and continuing education annually as needed. If there is no budget allocation for this expenditure the Auditor's office will not approve the expenditure until an official budget amendment or budget adjustment has been approved. All elected officials and department heads are required to budget for State required annual continuing education for all members of their staff where required. When properly budgeted the County will pay for all required continuing education mandated by State statutes for elected officials and appointed department heads. When the registration for a conference or seminar includes payment for meals, it is anticipated that the employee will eat the meal provided. The County will not pay for an additional meal. When the conference or seminar is scheduled out of the County and begins in the morning. The County will reimburse for meals and lodging the night before when the distance to the sight is over 150 miles. When the conference or seminar is out of the County and ends after 4:00 PM the employee will be reimbursed for the evening meal immediately following the end of the conference or seminar if the sight is over 150 miles from the Courthouse. Meals will not be reimbursed to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. J. LAW ENFORCEMENT TRAVEL The department head prior to the occurrence of any expense must approve all law enforcement travel expenses, whether it is prepaid by the County or reimbursed after the fact. If planning can take place before there is a need for such travel, or if travel is a result of a defined "emergency" the department should try to secure permission from the Commissioners' Court for the use of credit cards in such cases. If credit cards are used then the County Credit Card Policy is to be followed. It is recognized that the need for law enforcement travel may occur on an emergency basis. The County Attorney, Sheriff or the Director of Juvenile Probation is authorized to approve such travel and related expenses in the event of an emergency. The County Attorney, Sheriff or the Director of Juvenile Probation is required to notify the County Judge and the Auditor within 48 hours of the designation of an emergency. If there are no budget funds available, the County Judge's approval will be required before the expenditure can be incurred. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES K MISCELLANEOUS The employee needs to be aware that a credit card receipt is not documentation for an expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the employee's responsibility to secure the documentation at the time of expenditure. In the event that no documentation is secured a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. When an employee elects to have their spouse and/or family travel with them, this must be accurately documented and separation of costs will be required. Lodging expenses must be documented by the hotel/motel as to what a single occupancy rate would have been. This should be done on the face of the receipt. ALL ELECTED OFFICIALS AND DEPARTMENT HEADS ARE TO -INSURE THAT ALL EMPLOYEES HAVE READ THIS POLICY AND COMPLY WITH IT. FAILURE TO FOLLOW THE POLICY WILL RESULT IN A DELAY IN THE REIMBURSEMENT PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE DENIED. IF IN DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION. THE COUNTY DOES NOT INTEND FOR EMPLOYEES TO FINANCE COUNTY OPERATIONS. 12 Vai. 2A Pg. �_ THE STATE OF TEXAS § COUNTY OF BRAZOS § 3a� �ax 9' This contract made and entered into this the '7 day of &= 204 by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR, as Contracting Officer for the CITY OF COLLEGE STATION, TEXAS. WITNESSETH: Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and Whereas, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the CITY OF COLLEGE STATION Election to be held on January 28, 2020 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following sumlies: (a) Four (8) custom gathered election sets (1 for Election Day, 1 for Early Vote, 1 for Early Voting Ballot Board and 1 for Central Counting). (b) All required numbered seals for touches and controllers (c) Vote center supply packs (pens, tape, paper clips, tacks, and highlighters ) as required II TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) Pre -define voting equipment (7 Touches , 3 Controllers for Election Day, 8 Touches, 1 Controller for Early Vote, ITouches, 1 Controllers for Public Test) (b) Transport and set up equipment at 1 Early Voting locations, tear down and pick up equipment and return to warehouse (c) Transport equipment to 1 vote centers and return to the warehouse after the election (d) Provide assistance on Election Day as required to include Central Counting (e) Provide consulting services before and after the election III The BRAZOS COUNTY ELECTION ADMINISTRATOR, shall be responsible for and hereby assumes the following duties and obligations in regard to the CITY OF COLLEGE STATION ELECTION to be held on JANUARY 28, 2020: (a) Payment of Election Judges and Clerks (b) Payment of Central Counting staff, Early Voting Ballot Board, and Signature Verification Committee (c) Furnish Texas Voting Systems, Inc. a complete list of all candidates for all races in the above mentioned election (d) All reports, expense accounts, canvass of the election, conduct of the election at the individual vote centers and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act. (e) Payment of the TEXAS VOTING SYSTEMS, INC. contract IV The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for services rendered and supplies provided by said corporation for the CITY OF COLLEGE STATION ECTION to be held on January 28, 2020 is THJREE THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($3,100.00) a.oa.0 APPROVED by BRAZOS COUN t day o 2Q49. E. Duane eters County Judge Trudy R. Ha c ck Election Administrator W. C. "Bill' Sims Vice President, Texas Voting Systems, Inc. C:TVS Cont/ C S 1/282020 Vol. pg. 1�9 THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared W. C. "Bill" Sims, known to be to be the person and officer whose name is subscribed tot he foregoing instrument and acknowledged to me the same was the act of the said Texas Voting Systems, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the LA day of -W1 46121--1 '2019 C;TVS Cont/Bryan Runoff 12/6/19 con v Notary lic in and for Brazos County, Texas `J%1PAY?Ge,, JUDY P. ONDRASEK o Notary Public, State of Texas 9r! Q Comm. Expires 11-09-2020 i`�� Notary ID 125112796 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. i - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2019-572562 Texas Voting Systems, Inc Bryan, TX United States Date Filed: 12/27/2019 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 20-099 Election Services and Supplies 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is��4 h 6 l �L a� and my date of birth is My address is / G G/ [ -S`�Lt e,1� �� V ii �/ a 7rt �� 7�% �GZ &rz - (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in / ✓ 2 Z 3 County, State of on the -� day of C .20 J9. (month) (year) Signature of authorized agent of o tracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d va. 3a8 P9..1g1 !.95- VOL. oS House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and . any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name:--Z�X A S tiro 7-1A1 67- 5 S/ :9 Authorized Company Representative: A M 4-;;-0 /--,7 Address: Ga U / 4-;:-5 Tom-✓ L= 73 L ?% Signature: Date: Contract M ,,Z O— d 9 9 DEPARTMENT: Purchasing DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: BRAZOS COUNTY BRYAN,TEXAS NUMBER: 1/7/2020 Approval of Service Contract #20-098 Post Accident and CDL Drug and Alcohol Testing with Anytime Analysis. Commissioners Court Celina Patino 01/02/2020 False False $0.00 ATTACHMENTS: File Name Description Partially Executed Contract- Anytime Analysis.pdf Service Contract Exhbit A- Anytime Analysis.pdf Exhibit Type Backup Material Backup Material POST ACCIDENT AND CDL DRUG AND ALCOHOL TESTING SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 20-098 Bryan, Texas 77803 Page 1 of 10 Pages Telephone (979) 3614294 GENERAL REOUIREMENT FOR CONTRACT I, ion as a duly authorized representative of i t/ i l m E 14"& J Ar "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. TERM Prices quoted, and term of this contract shall be upheld from date of Brazos County Commissioners court approval through December 31, 2020. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https.-//ethics.state.tx.ustwhatsnew/elf info_forml295.htm for more Vol. Pg, 1Gj� Contract No. 20498 BRAZOS COUNTY, TEXAS Page2 of 9 Pages information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and -takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. vol. _atb pg. 1q5 Contract No. 20-098 BRAZOS COUNTY, TEXAS Page3 of 9 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwisecorrect, shall be corrected by the contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid b;the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and •s � Contract No. 20-098 BRAZOS COUNTY, TEXAS Page4 of 9 Pages specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contactor, the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall He exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon signing this contact, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code § 15.0 1, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. Contract No. 20-098 BRAZOS COUNTY, TEXAS Page 5 of 9 Pates TERMINATION Brazos County reserves the right to terminate the contract for default if offerorbreaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $500.000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Liability Insurance with a $300,000 Combined Single Limit, in all self-propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos- County. LEMI'ATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. Contract No. 20-098 BRAZOS COUNTY, TEXAS Page of 9 Pages COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the contractor. SOVEREIGN IlVIMUNIITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: 0ri&.3 V.. ae-&l c: 7t3•$70 -o.11 q .97f9 Info: TX ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of .the contract and any extensions and renewals thereto. Vol. Pg. 19�t .Contract No. 20-098 BRAZOS COUNTY, TEXAS Pagel of 9 Pages WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other terns or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting -documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required. by state or federal law. If changes occur in the governing state or federal. law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide.Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Contract No. 20-098 BRAZOS COUNTY, TEXAS Page 8 of 9 Pages HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms that the company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. `Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, • limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: fT A-!,. 1—i M* ,e kha dU Authorized Company Representative: d a y% E • IV P Q ( Geo Address: A719 O(Sler 61 vd 77C 7780a -- Contract #• AO - 0V von. 3cP6 fig• ao\ BRAZOS COUNTY, TEXAS Contract No. 20-098 Page of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Title: cow 1�ped Name: Br o 4 v% E' OU j Company Name: iTnV Tl►'he, AnaG,aW Phone No. 972-922-2000 Email Address: t7�1 y /iyy►atedu DTD�1nai . Mailing Address: .2719 -0 (e r- ililyj 1"em 7x ??Sa9— P. O. Box or Street City State Zip Employer Identification Number: y�p " 38o36w j1RDMved Commis ' ers' Court on this do Holding the position of imp JIM ANY TIME ANALYSIS Consortium Third Party Administrator (C/TPA) DOT / FMCSA Industry RANDOM TESTING PROGRAM AGREEMENT 1. SCOPE & DUTIES. ANY TIME ANALYSIS agrees to provide CLIENT with RANDOM DRUG TESTING IN COMPLIANCE WITH THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMSCA) AS SET FORTH IN 49 CFR PART 382.305 § 382.301: Pre-employment testing. (a) Prior to the first time a driver performs safety -sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception In paragraph (b) of this section. No employer shall allow a driver, who the employer Intends to hire or use, to perform safety -sensitive functions unless the employer has received a controlled substances test result from the MRO or CITPA Indicating a verified negative test result for that driver. (b) An employer is not required to administer a controlled substances test required by paragraph (a) of this section if: (1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and (2) While participating in that program, either: (i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or (ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and (3) The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous sixmonths. (c)(1) An employer who exercises the exception In paragraph (b) of this section shall contact the controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following Information: (i) Names) and address(es) of the program(s). (ii) Verification that the driver participates or participated In the program(s). (iii) Verification that the program(s) conforms to part 40 of this title. (iv) Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances. (v) The date the driver was last tested for controlled substances. (vi) The results of any tests taken within the previous six months and any other violations of subpart B of this part. (2) An employer who uses, but does not employ a driver more than once a year to operate commercial motor vehicles must obtain the information in paragraph (c)(1) of this section at least once every six months. The records prepared under this paragraph shall be maintained in accordance with § 382.401. If the employer cannot verity that the driver Is participating in a controlled substances testing program in accordance with this part and part 40 of this title, the employer shall conduct a pre-employment controlled substances test. § 382.305: Random Testing (a) Every employer shall comply with the requirements of this section. Every driver shall submit to random alcohol and controlled substance testing as required in this section. (1) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances astina proceeds to the test site Immediately; provided, however, that If the driver Is performing a safety -sensitive function, other Nan driving a commercial motor vehicle, at the time of notification, the employer shall Instead ensure that the driver ceases to (m) A driver shalt only be tested for alcohol while the driver is performing safety -sensitive functions, lust before the driver is to perform saf ftsensltive functions, or lust after the driver has ceased Performing such functions. Client will provide Any Time Analysis with all employee name(s) and Identification numbers for random selection. Any Time Analysis will electronically report to Client the results of each test in a timely manner. Any Time Analysis will perform those services required and shall take reasonable steps to keep Client informed of the progress of the matter and to respond to Cllenrs Inquiries. §382.307 Reasonable suspicion testing. (a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol. The employers determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. (b) An employer shall require a driver to submit to a controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning controlled substances. The employers determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations mayinclude indications of the chronic and withdrawal effects of controlled substances. (c) The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with 6382.603. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. §382.303 Post -accident testing. (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of Its surviving drivers: (1) Who was performing safety -sensitive functions with respect to the vehicle, If the accident Involved the loss of human life; or (2) Who receives a citation within B hours of the occurrence under State or local law for a moving traffic vlolation arising from the accident, if the accident involved: (t) Bodily injury to any person who, as a result of the Injury, immediately receives medical treatment away from the scene of the accident; or (11) One or more motor vehicles Incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers: (1) Who was performing safety -sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (d) The following table notes when a post -accident test Is required to be conducted by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section: TABLE FOR §382.303(A) AND (a) Type of accident involved Citation Issued to the CNN driver Test must be performed by employer f. Human fatality YES NO YES YES G. Bodily injury with immediate medical treatment away From the scene YES YES NO NO ill. Disabling damage to any motor vehicle requiring tow away YES YES NO NO 2. JfE5 Client agrees to pay S150 per year to enroll employees into our random testing consortium pool and create annual MIS report at and of year as required by DOT. Any Time Analysis agrees to manage Clienrs drug and alcohol testing data for a period of 12 calendar months. Any Time Analysis shall enter active employee name(s) into a random testing consortium pool and randomly generate random selections spread out throughout the calendar year. Client agrees to pay ANY TIME ANALYSIS for the following services: • PREPAID Annual Membership Fee $150 (due an or before JAN 15, 2020) This fee shall INCLUDE: 2020 MIS annual report, data management, report and record keeping. ■ CREDIT CARD REQUIRED. Individual operators and private companies requiring our services must have a valid credit card number on file. Client agrees and authorizes Any Time Analysis to AUTOMATICALLY draft from their credit card, services performed at our facility or services performed and coordinated with a third -party collection site facility if applicable. Invoices are due and payable at NET 30. ■ DOT Drug Test $50 Per Test (Pre -Employment, Random, Post Accident, Reasonable Suspicion) • DOT Alcohol Test $25 Per Test ■ Supervisor Training, Reasonable Suspicion Training — Online $75 (per person) • Empioyee Training (DruglAlcohal Awareness) — Online $75 (per person) AFTER HOURS TESTING (ON-CALL) / Weekends & Holidays — AS NEEDED ONLY ■ STANDARD AFTER HOURS FEE at Any Time Analysis $100 + cost of drug and/or alcohol test ■ HOLIDAY AFTER HOURS FEE at Any Time Analysis $150 + cost of drug and/or alcohol test THIRD PARTY COLLECTION SITE FEE — AS NEEDED ONLY Only applicable if sending employees to a collection site outside of Any Time Analysis (nationwide). This test must first be coordinated with Any Time Analysis prior to sending employees for testing. • Third party collection site fee: $25-$35 per collection + cost of drug and/or alcohol test ■ Third party collection site fee for POST -ACCIDENT TESTING may also incur following charges if applicable: AFTER HOURS fee + HOURLY fee + MILELAGE + cost of drug and/or alcohol test Vol. 3P??_ CLIENT RESPONSIBILITIES. Client shall be responsible for the following: ■ 3 Years Drug and Alcohol Background Check for all NEW HIRES ■ ENROLL in FMCSA Qed ln�horrse befvteyAN 6; 2020 hi`!ps%/clearirighor se. ihcs&ilo gov/ ■ Query the,FMCSA Clearinghouse current and,proapecttVe employees' drug and alcohol violations BEFORE permitting those employees to operate a CMV on public roads. ■ Query the FMCSA Clearinghouse ANNUALLY for each drive they currently employ. ■ Promptly conducting a PRE-EMPLOYMENT drug test on all NEW DRIVERS ■ Promptly enrolling new employees into Random Drug Testing Program ■ Following RANDOM testing Instructions The Clearinghouse Rule (NEW RULE effective JAN 6.2020) The Clearinghouse rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortialthird-party administrators (CITPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40 and 382 by current and prospective employees. The Clearinahouse will also require the following: • Employers will be required to query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a CMV on public roads. • Employers will be required to annually query the Clearinghouse for each driver they currently employ. • JANUARY 6, 2020: Authorized users will be required to complete the actions described in the Clearinghouse final rule. At this time, employers will be required to conduct both electronic queries and traditional manual Inquiries with previous employers to meet the three-year timeframe, required by FMCSA's drug and alcohol use testing program, for checking CDL driver violation histories. Drivers may also view their own records for information recorded on or after January 6, 2020. • JANUARY 6, 2023: Once three years.of violation data are stored in the Clearinghouse, employers are no longer required to also request information from the driver's previous FMCSA-regulated employers under 391.23(e); an employer's query of the Clearinghouse will satlsfy that requirement. ANY TIME ANALYSIIS/ rL� Client Name (COMPA '� �. R V Signature: &ilit[C ll� rLeaG AUTHORIZED SIGNATURE: a,Q DER NAME: Name: JOAnnis (Hall) Neal TEL: FAX: Drug/Alcohol Testing Director 979-823-9000 anytimeanalysis@hotmall.com SECURE Email: What is the FMCSA Commercial Driver's License Drug and Alcohol Clearinghouse? The Clearinghouse is a secure online database that will 10 give employers, FMCSA, State Driver Licensing Agencies, and State law enforcement personnel real-time information about CDL driver drug and alcohol program violations, thereby enhancing safety on our Nation's roadways. An act of Congress directed the Secretary of Transportation to establish the Clearinghouse. The Clearinghouse contains information about drivers with commercial driver's licenses (CDL drivers) who are covered by FMCSA's drug and alcohol program. This also includes drivers with commercial learner's permits (CLPs). For more information on drivers affected by the Clearinghouse, see other side. SJJ When must I use the Clearinghouse? JAN 2020 JANUARY 6, 2020: Authorized users will be required to complete the actions described in the Clearinghouse final rule. At this time, employers will be required to conduct both electronic queries and traditional manual inquiries with previous employers to meet the three-year timeframe, required by FMCSA's drug and alcohol use testing program, for checking CDL driver violation histories. Drivers may also view their own records for information recorded on or after January 6, 202D. JANUARY 6, 2023: Once three years of violation data are stored in the Clearinghouse, employers are no longer required to also request information from the driver's previous FMCSA-regulated employers under 391.23(e); an employer's query of the Clearinghouse will satisfy that requirement. How will the Clearinghouse improve highway safety? Make it easier for employers to meet their pre- employment investigation and reporting obligations. 14 Make it more difficult for drivers to conceal their drug and alcohol program violations from current or prospective employers. If Provide roadside inspectors and other enforcement personnel with the means to ensure that drivers receive required evaluation and treatment before performing safety -sensitive functions, such as driving a commercial motor vehicle (CMV). 1%4 Make it easier for FMCSA to determine employer compliance with testing, investigation, and reporting requirements. .ton Ao6 lop*asnoy6uljeap 10650? lQ 'uolbu14seAA '35 anuanV Aasiar MaN OOZ l AoB•lop•e"Wl'asnoy6uiieap//:sdll4 :Q3WMO3NI AVIS (sijulslp loo4)s 'salllledhlunw 'asuaiaa to luawliedao -15-a) suolleln6aj 6ullsal asn 1o4o)le pue 6nip VS34V3 of halgns sJanllp Aoldwa le4l suoilezlue6jo iaglo pue lejapa l ■ (salp14aA luawa6euew 91SLM ' 6 a) SJanup ai14aA ledpiuny4 0 sJanup auisnowll 0 siomado luawdlnba uoihnjlsuo:) 0 slanlJp snq Iooq�PS w s�aljje) ja6uassed 6ulpnpul 'siauieD J0401W alelseilul pue alelsialul I :oi pallw!i lou si lnq 'sapnl)ul s141 slua6e a)lnuas pue sjaAoldwe ila4l pue 'speoi )lignd uo SAW7 amado o4m SIOAIJP 10:) IIV isal 6nip jo logo3le pailnbai a of 3!wgns of 6ulsnpad ■ s6njp palpads jo asn poi anlllsod isal ■ isni sm»o lanaq:)jgm 'isal luapl»e-isod pun jo 'luapp)e ue jo sjnog i461a ulyilM asn logo:)IV ■ •suoll3esuejl 6wsua)l l 6uilaldwo) of joud asnog6ulJeal:) aql Ajan() S31DN39V 9NISN3311 HAWO 31V15 -pajinbaj se sauanb Janlip wjoiJad pue suolleloln wuj6oid logo.)le pue 6nip Nodal 'joAoldwa ue jo ile4aq uO SUOIVUISINIWaV A1UVd-QUIHl(W(i118OSNOJ 6ullsal Q1U joi snlels Aliligj6lia pue luawssasse lelilul alU liodab SIVNOISS3dOUd 3Sn8V DNV1SBnS slesniai isal pue silmaj isal 6nip anll!sod palivaA ljodaa SU3DI33O M31A3U 1V3K13W uopuni anlllsuas-Alaies e '5ulwjojjad io smog inoi ulgilM jo '6uswiopad allgnA asn logo:)lV ■ jauolilheid le:)lpaw pasua:)g e Aq pagl»said asogl uegl jagio '(0y lJed) suolielnbai a43 ul pagpads 6nip Aue 6ulsn 8114M Jo JaleaA Jo yo o io uollejlua)uo:) logo:)le 41!M uopun} anll!suas-Alaies JO; Ainp uo ulewai/Ainp joi lJodaU X :apnhul suolleloln asa41 •suolleloln wei6oid logo)le pue 6nip JaAIAP 1a:) Ile uo uollewioiul uleluoD Ipm asno46ulieal) a41 u014o1siu1-PV NeWS J4-0 104(44 I-OPai ,.o»w,oa��o,! ro r.,a�wodea s n papaau it 'leuolssaiwd asngV a:)uelsgnS a halas pue 'suolleloln wei6oid loyoale pue 6nip Aue inoqe spelap ssa7ae of sjaAoldwa anlhadsold jo luaim:) of luasuo) apinojd 'pJo:)aJ uMo MaIA SU3AIUa l0D -ssa)ojd ((jla) Alnd-of-wnlaU e palaldwo) A11nissa»ns lou seg Janup e 4)14M poi uollelolA weiboJd logo)le pue 6nip a of anp 'AVO a 6ullejado se 4)ns 'suolhuni anlirsuas-Alaies 6ulwloijad woJi pal!q!4old sl aaAoldwa anlhadsoid jo luaiiro ou iegl jaaga pue suolleloln logo)le pue 6nip iwodaU 5U3AOldW3 Suggested Format: "Release of Information Form — 49 CFR Part 40 Drug and Alcohol Testing" Section I. To be completed by the new employer, signed by the employee, and transmitted to the previous employer: Employee Printed or Typed Name: Employee SS or ID Number: 1 hereby authorize release of information from my Department of Transportation regulated drug and alcohol testing records by my previous employer, listed in Section I-6, to the employer listed in Section I -A This release is in accordance with DOT Regulation 49 CFR Part 40, section 40.25. 1 understand that information to be released in Section !I -A by my previous employer, is limited to the following DOT -regulated testing items: 1. Alcohol tests with a result of 0.04 or higher; 2. Verified positive drug tests; 3. Refusals to be tested; 4. Other violations of DOT agency drug and alcohol testing regulations; S. Information obtained from previous employers of a drug and alcohol rule violation; 6. Documentation, if any, of completion of the return -to -duty process following a rule violation. Employee Signature! I -A. New Employer Name: Address: Phone #: Fax #: Designated Employer Representative: I -B. Previous Employer Name: Address: Phone #: Designated Employer Representative (if known): Date: Section 11. To be completed by the previous employer and transmitted by mail or fax to the new employer: II -A. In the two years prior to the date of the employee's signature (in Section I), for DOT -regulated testing -- 1. Did the employee have alcohol tests with a result of 0.04 or higher? YES NO _ 2. Did the employee have verified positive drug tests? YES _ NO - 3. O_3. Did the employee refuse to be tested? YES NO 4. Did the employee have other violations of DOT agency drug and alcohol testing regulations? YES NO 5. Did a previous employer report a drug and alcohol rule violation to you? YES NO 6. If you answered "yes" to any of the above items, did the employee complete the return -to -duty process? N/A YES NO NOTE: If you answered "yes " to item 5, you must provide the previous employer's report. If you answered "yes " to item 6, you must also transmit the appropriate return -to -duty documentation (e.g., SAP report(s), follow-up testing record). 11-B. Name of person providing information in Section II -A: Title: Phone #: Date: \W. 308 ?. aoq The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of A.D. 2020 are McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this "'I day of Duane Peters, County Judge Steve Aldrich, Commissioner Precinct #1 AseAq-+ Sammy Catalena, Commissioner Precinct #2 Nancy Berry, Commissioner Precinct #3 Irma Cawley, Commissioner Preci r1l Treasurer's Report for the MONTH NOVEMBER 2019 Vol. Pg. &\0 FUND NUMBERS NAME CASH BALANCE 10/3112019 INCOMING INVESTED INTEREST -Nov SUB -TOTAL DISBURSED CASH BALANCE 11 30/2019 INVESTED CR,IICCT.BAL. 13/30/2019 0100 - GENERAL FUND 60 610 042.70 12 914,482.70 K229.22 73 590 754.62 1 353 377.47 63 237 77.15 45 773 .99 17 964 708.16 D200 - CMWTY HEALTH ENDOWMENT FUND 733 67150 59350 734,26S.00 W65.00 734 65.00 1100 - HOTEL OC CUPANLYTAX 21S72,170 -so 302,29S.57 2,974,466.07 478 923.68 2,393,542.39 295 54239 1200 - STATE LATERAL ROAD 12138136 9940 12 49036 =480.36 122 480.36 1300 - UNCLAIMED FUNDS 206,7U6,61 16721 206 73.82 206071.92 2 873.82 1500, LAW LIBRARY 51643.07 3,78410 55,427.27 3,54M S4,878.71 54,878.71 1700 -ALTERNATIVE DISPUTE RESOLUTION 31510.00 2,730.00 6,240.00 3 530.00 2,730.00 2,730.00 1800 - LEOSE RIND 41.S72.45 41 45 I 10D.00 4I 472.45 1 41.472.45 19M - COUNTY RECORDS MAAACEMENr S39.137,92 7102.14 546 240.06 IZOIDAI 534 229.65 531229.65 2000- COUNTY CLERK MGMTFUND 023837.53 26,301.24 1950138.77 15911.15 1034327.62 1,034,327.62 001- COUNTY CLERK ARCHIVAL FUND 1600 134 26 4.55 626825.89 1626825.89 1,626625.69 2200- COURTHOUSE SECURITY RIND 376936.20 6,3W.02 383236.22 40163.59 347072.63 343,M63 2201 -JUSTICE COURT SECURITY RIND 994E-61 847.74 100,3M.35 10033035 100330.35 2300- DISTR2CT CLERK MANAGEMENT RIND 191945.63 1316.81 193,2a44 3169.54 190072.90 190072-90 2301- DISTRICT CERK ARCHIVAL Fl1ND 96,154.63 1,319.78 97474,11 4208.35 93266.06 97 06 24W-3USTICE 0 PEACE -TEOmOLOGY RIND 15 476.E 2.794.82 153 094 7,4113.08 150,787.76 150 787.76 2401- COA DTST.C'OURTTCOWOLOGY RIND 81118.E 675.76 81.79438 8179438 8179438 25C0- SPECIAL FORFEITURE FUND 29461.76 439.33 29901.09 79901.09 29901.09 2600- CIA HOT OW COLLECT FES 4D/5.13 327 4648.40 4048.40 4048.40 2700 - BAR. BOND BOARD FEES 96458.72 78.03 K536.75 96 536.75 96 536.75 2800- YOM REGISTRATION 311137.19 8.20 10,14539 796,10 9,349.39 9,349.39 2900-VIT INTEREST RIND 2S4984.20 960.38 M944.SS 3873,15 251121.43 251121A3 30M -COUNTY GRANTS 151277.67 28472.91 (122,M.12) 172,740.91 5545.53 295 5.53 3400 - D/A CRIME FUND 157157.48 192663 159 084.11 1".60 157 715.51 15771551 3906 PRIMARY ElECRON SERVICES 41-105.9114 33.58 41 9.56 117920 40400. 40400.36 3901- BC HOUSING FINANCE CORP 79-'43.10 64.31 79,S67.41 79,567.41 79.W.41 17- 2017 CERTICATB OF OBLIGATION 10,81ksm 755.85 16363.02 10935159.09 735999.13 20099159.96 9793,62837 305,531.59 500- G'EH.PERMANENT IMPV. 8,361-900.51 B 6 500.51 133515952 7026 4099 7026340.99 5000- HEALTH 6 LIFE INSURANCE 4487084.41 1925,153.01 6412 37A2 /473953,41 4,08279.01 4.938279.01 6000- PAYROLL 1,107ma.88 3 66 145.03 9 7 .91 3 7 .58 1 135 G5333 1,135,65333 9100- HEALTH DEPARTMENT 268494.41 235/36.70 503631.11 .269442.97 234188.14 234188.14 9700- COMMUNITY SUPERVISION 90 071.77 191021.98 1,092.093.75 340,266.71 751,827.04 751927.04 94,966,844.82. _ _ 18,947 ZS 82,592.24 113,996,17131 113,497,60051 95,508 870AO 55 066 697.36 40A47.173.G4 4100- GEN.OWG.DEST NC 7932 37(1.84 1,1711 999.84 9 6.4506.77 9024 506.74 6,712,304.91 Z312,20133 IG00-L17UU. PROVIOER PARTI(IPATIDN 395474929 5022425.76 8,977675.05 3a' 5964702.93 96176..97 pit TOTAL! 106,853,924,95 25,05;236. 9 9221,500,S73.031,99 651.1021,500,S73.0373.01 330A98A80.07 779 07.27 61,,0 48 739 077.80 This report is submitted 4u We and fORCCt to Commissioners Court v _TU . Brazos County Treasurer, on lIT:i'D SUNGARD PENTAMATION DATE: 01/02/2020 BRAZOS COUNTY, TX TIME: 10:59:32 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 01*07*CC 120085 T HANCOCK 12.2.6.19 3/20 COMPLETE 389350 0100 0100 20187700 T HANCOCK 12.2.6.19 389351 0100 11210020 61801000 T HANCOCK 12.2.6.19 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT ► 111 PAGE NUMBER: BJOURNll DEBIT AMOUNT CREDIT AMOUNT 709.85 709.85 709.85 709.85 709.85 709.85 709.85 709.85 1 '7 Z a� Duane ate County Judge BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 14.1-14.2 On this the 7th day of January 2020 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 7th day of January 2020 the Court heard and approved a budget amendment(s) for the 2019-2020 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 10 September 2019, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 7th day of January 2020. THE CONLNHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: v Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget V01. Pg. a13 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 -14.1 i rnitnn FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease HOT Fund Hotel Occupancy Tar Departmental Support 15,861.00 HOT Fund Hotel Occupancy Tar Repairs & plaint 15,861.00 Hotel Occupancy Tax Fund Reallocation of funds to the appropriate de artment's account to cover die repair cost for the AC drain at the Expo. iF ' 1 n i nnpi Date._112019 +Deroyal ,! 'Date r PP. u y+... jj :CpnntyJudgeApprov_alDate 1 oC i�CC0liilUA pn. .OSCC OAI� 5 + °5-,. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 611300000 CR Contingency 15,861.00 1100 11002500 65051000 DR Air CondgleatingMaint 15.861.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120.14.2 11712n20 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Primary Election Services Election Services Departmental Support 3,100.00 Primary Election Services Election Services Contractual Services 3.100.00 Election Semites Reallocation of funds to the appropriate department's account to cover the contract with Texas Voting Svstems for the College Station Special Election. jz� j _ wj-� ,3E•a - t�-t .�.; ,1 .#,F� .�. �.vkr F:,��`$��,.�''e'��c..-. ,—*`... S ,.i. ,:rre�' 4:tss F'. FUND DIV ACCT DRlCR ACCOUNT NAME Increase Decrease 3500 21130000 61130000 CR Contingency 3,(00.00 3500 21130000 71025000 DR Contract Services 3,100.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 07, 2020 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 Road and Bridge Clark, Judah Separation Stringfellow, Brandon Separation Approved in Commissioners' Court: January 07, 2020: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Raw