Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2021-03-16 10:00AM REGULAR MEETING
MINUTES MARCH 16, 2021 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, March 16, 2021 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns Angelita Garcia Alonzo with Santa Teresa Catholic Church Social Ministry spoke to the Court regarding her concern with the COVI D-19 vaccine registration for the underserved of the county. She said that Brazos Hub and the United Way helpline has been successful, but there are citizens who do not have the ability or resources to access the internet. She explained some do not have access to the helpline since the service time is limited. She asked that the COVI D-19 Task Force look into reaching out to those citizens who do not have access to information since they usually do not watch KBTX or read The Eagle. V00.g _ •� �Z�.� Next to speak was Dora Cruzan with the Amigos of the Brazos Valley. She stated they represent the Mexican American and senior citizen residents. She explained that she knew people who were receiving the vaccine but she did not know how and where they were receiving it. She feels there should be a more collaborative effort to reach those who do not have computer or phone access. She offered her assistance to the Task Force to help with a plan to reach the underserved of the community. Consider and take action on agenda items: 3-22 3. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. A copy of the donation forms is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 4. Authorization for Cheryl Coffman to affix electronic signatures of Commissioners Court members to court documents they have approved by participation via telephone or video conferencing. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 5. Request from Justice of the Peace, Pct. 4 for the following personnel changes effective March 20, 2021. This will have a decrease to Justice of the Peace, Pct. 4's FY21 Budget in the amount of $501.00. • a. Decrease Clerk III -Justice of the Peace, Pct. 4, Class Code B0616 Position 1, Group 15 Step 3 to Group 15 Step 3 • b. Decrease Clerk II -Justice of the Peace Pct. 4, Class Code B0607 Position 1, Group 14 Step 3 to Group 14 Step 2 • c. Increase Court Coordinator -Justice of the Peace Pct. 4, Class Code B0624 Position 1, Group 17 Step 4 to Group 17 Step 5 A copy of the position control changes is attached. Motion: Approve w/ Conditions, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 6. Request from the Budget Office to rescind Budget Amendment FY 20/21 #22.5 Division 289400 - JAG 2020 Grant for $6,094.95, which was approved on March 9, 2021, agenda item #20. The correct amount should have been $6,064.95. A copy of the corrected Budget Amendment is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. V0 I, 110 p9. 2 7. Approval of request from the Brazos Center for a limited exception to the Overtime Compensation Policy for three -(3) Brazos Center employees due to COVI D-19 Vaccination Operations. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 8. Approval of the Resolution supporting the adoption and approval of the Texas Term Sheet. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 9. Renewal of Contract 21-122R for Hot Mix Asphalts with Knife River. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 10. Approval of service contract #C I P 21-504 for Floor Repairs at the Brazos County Exposition Complex with Everett Obanion in the amount of $46,000.00. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 11. Approval of Contract #21-613 for Mumford Road Reconstruction with Knife River. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 12. Order exempting the contract with Treanor HL from competitive solicitation pursuant to the Texas Local Government Code 262.024(a)(4). A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Bevy, Ford, Peters. Absent: Cauley. 13. Approval of Professional Services Contract CIP 21-623 for the Courthouse Security Renovations with Treanor HL. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. Vol. pg.--S- 14. Approval of Expedited Development Agreement# 21-628 with TimeClock Plus, LLC. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 15. Consider and take action on the Bryan Texas Utilities permit to construct an overhead electrical line crossing at 5708 Shellboumes Hill. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 16. The Final Plat of Reliance Ranch, Block 1, Lots 1-6; J.W. Stewart Survey, A-212; 16.015 Acres; Brazos County, Texas. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 17. Tax Refund Applications for the following: Overpayments • a. Wayne & Deborah Conner - $14.83 • b. Texas Hat Creek Investments, LLC - $100.00 • c. Carla Wall - $67.04 • d. Bridgette L Williams - $79.15 • e. HRPD, LLC - $363.61 • f. FEDEX - $8,853.29 • g. Ron Paul & Shannon Renee Gunia - $9.00 • h. Joe W Fly Co, Inc. - $12.71 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 18. Budget Amendments. Budget Amendments FY 20/21 23.1-23.6 Judge Peters noted that a revised estimate was received and Budget Amendment 23.5 should be corrected from $275,001.00 to $513,901.00. 23.1 Reallocate funds for Risk Management. 23.2 Reallocate funds for Road and Bridge. 23.3 Reallocate funds for Edward Byrne Justice Assistance Grant. 23.4 Transfer funds from Information Technology to Sheriff's Office - Administration; Sheriffs Office -Jail; Constable, Precinct 1; Constable, Precinct 2; Constable, Precinct 3 and Constable, Precinct 4. Vol. 3307 pgo 4 23.5 Transfer funds from Contingency Fund to Justice of the Peace, Precinct 3; Constable, Precinct 3; Juvenile Services and Exposition Complex. 23.6 Transfer funds from Contingency Fund to Associate Judge No.1. Motion: Approve w/ Conditions, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 20. Payment of Claims. Claims 8106263 - 8106420 9001480-9001518 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Ford, Peters. Absent: Cauley. 21. Convene into Executive Session pursuant to Texas Government Code §551.074 to discuss personnel matters. At this point, the County Judge announced the Court would consider items 23 through 26 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:30 a.m. the County Judge stated the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.074 to discuss personnel matters. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Cheryl Coffman, Administrative Assistant Ed Bull, Chief of Staff/Legal Counsel Bruce Erratt, Legal Counsel Raeanna Herrera, Human Resources 22. Consider and possible action on Executive Session. At 10:57 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. Boa. Pg. y __� 23. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 26 juveniles in the detention center, 22 are male and 4 are female, and 22 have electronic monitors. There are 12 youth in isolation as per medical protocol for new intakes. 24. Sheriffs report on inmate population. Sheriff Wayne Dicky stated there were 535 inmates in jail, 477 inmates are male and 58 are female, 32 have electronic monitors and 7 are pending for monitors. There are no inmates positive for COVI D-19. There are 4 staff members in isolation. 25. Announcement of interest items and possible future agenda topics. There were no announcements. 26. Call for Citizen input and/or concerns There was no citizen's input. 27. Adjourn. The foregoing minutes of the Commissioners Court Meeting held March 16, 2021 have been examined and are approved in open Court this. 5th day of April 2021, in Bryan, Brazos County, Texas. Duane Peters County Judge �Ltto�o Russ Ford Commissioner, Precinct 2 Irma Cauley Commissioner, inct 4 Attest: GCS aren Queen Steve Aldrich Commissioner, Precinct 1 Nancy Berry ° Commissioner, Precinct 3 Vol.. 33C) Pg, '1 ZOZI MR 12 P 2: 12 KMEN! McGUEE14 C 'u � r CEEB: BIR70S CGUVIIs BR'(,AN1, Tc' FRI. BRAZOS COUNTY BRYAN, T EXAS NOTICE OF MEETING AND AGENDA N21 VuIR 12 A 11: 4 T K-4PVd!CQ1FEP CGJ1} I`rCI ER; BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 16, 2021 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance -U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concems Consider and take action on agenda items: 3-22 3. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. 4. Authorization for Cheryl Coffman to affix electronic signatures of Commissioners Court members to court documents they have approved by participation via telephone or video conferencing. 5. Request from Justice of the Peace, Pct. 4 for the following personnel changes effective March 20, 2021. This will have a decrease to Justice of the Peace, Pct. 4's FY 21 Budget in the amount of $501.00. • a. Decrease Clerk I I I -Justice of the Peace, Pct. 4, Class Code B0616 Position 1, Group 15 Step 3 to Group 15 Step 3 • b. Decrease Clerk I I -Justice of the Peace Pct. 4, Class Code B0607 Position 1, Group 14 Step 3 to Group 14 Step 2 • c. Increase Court Coordinator -Justice of the Peace Pct. 4, Class Code 80624 Position 1, Group 17 Step 4 to Group 17 Step 5 6. Request from the Budget Office to rescind Budget Amendment FY 20/21 #22.5 Division 289400 - JAG 2020 Grant for $6,094.95, which was approved on March 9, 2021, agenda item #20. The correct amount should have been $6,064.95. Fvol.3�J0 Pg.—L— VO 7. Approval of request from the Brazos Center for a limited exception to the Overtime Compensation Policy for three (3) Brazos Center employees due to COVI D-19 Vaccination Operations. 8. Approval of the Resolution supporting the adoption and approval of the Texas Term Sheet. 9. Renewal of Contract 21-122R for Hot Mix Asphalts with Knife River. 10. Approval of service contract #CI P 21-504 for Floor Repairs at the Brazos County Exposition Complex with Everett Obanion in the amount of $46,000.00. 11. Approval of Contract #21-613 for Mumford Road Reconstruction with Knife River. 12. Order exempting the contract with Treanor HL from competitive solicitation pursuant to the Texas Local Government Code 262.024(a)(4). 13. Approval of Professional Services Contract Cl P 21-623 for the Courthouse Security Renovations with Treanor HL. 14. Approval of Expedited Development Agreement# 21-628 with TimeClock Plus, LLC. 15. Consider and take action on the Bryan Texas Utilities permit to construct an overhead electrical line crossing at 5708 Shellboumes Hill. Site is located in Precinct 1. 16. The Final Plat of Reliance Ranch, Block 1, Lots 1-6; J.W. Stewart Survey, A-212; 16.015 Acres; Brazos County, Texas. Site is located in Precinct 2. 17. Tax Refund Applications for the following: Overpayments • a. Wayne & Deborah Conner - $14.83 • b. Texas Hat Creek Investments, LLC -$100.00 • c. Carla Wall - $67.04 • d. Bridgette L Williams - $79.15 • e. HRPD, LLC - $363.61 • f. FEDEX - $8,853.29 • g. Ron Paul & Shannon Renee Gunia - $9.00 • h. Joe W Fly Co, Inc. - $12.71 18. Budget Amendments. Budget Amendments FY 20/21 23.1-23.6 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 20. Payment of Claims. 21. Convene into Executive Session pursuant to Texas Government Code §551.074 to discuss personnel matters. 22. Consider and possible action on Executive Session. 23. Juvenile Director's report on detention population. 24. Sheriffs report on inmate population. Vol. 330 � Pg.. � 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns 27. Adjourn. goo. � 3� P g -10 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. BRA.ZOS COUNTY COMMISSIONER'S COURT DAY OF 20 Name (PLEASE PRINT) AM/mel, PgL of -7 r Organization (PLEASE PRINT) 9 Pg -2--of Z- BRAZOS COUNTY COMMISSIONER'S COURT ,, - %/ / 1 ,= Z� Name (PLE S PRINT) AAl Aamwp t LA-vP.� -44'-vis Organization (PLEASE PRINT So vol. 530 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY * DONATION OF COUNTY PROPERTY Date: 03/03121 FlAcceptance of Donated/Awarded Property E]Donation of County Property (Awarded property requires signed court documentation) QAcceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: Please provide all information_requested_below as_applicable.to.the.property-being.accepted.or.donut"L— orm&containing-any-blank--- ftelds'will be returned for"c6mpletidW. """" Make: Model: Year: SNNIN #: Functional NarnFntrctimmI-EXpii[ltTifNon-Fuunctiona Additional Description/Information: Clothing, Jewelry, Electronics and other mist items left by inmates leaving the Brazos County Detention Center in the month of December 2020. Estimated Value: oruonated Check the appropriate account based on estimated value ofproperty being accepted: 61235000 (Donation - Other)* 60010000 (No Asset Tag - Under$500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - OverS5000) Danntion Check the appropriate entity property being donated to': Government Entity: Brazos County Sheriffs i Organization Name Other (Due to Statuatory requirements prior approval I, is required by Purchasing: Organization Name [rnnanon — urner account o[,dsaUuu is to ne used uwLYJor cas/r/check funds donated to Brazos County. I certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General. Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos County Sheriffs Office y1d41A �' Department Name Authorized Signature Organization Receiving Donated Property: t�A , Authorized Signature ovcd b ommissioners rt on its Commissioners Court ADnroval Vol. Pa.' I L4 BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK W. JAMES. STEWART, CHIEF DEPUTY 1700 Highway 21 West WAYNE DICKY, JAIL ADMINISTRATOR BRYAN, TEXAS 77803.1300 Return to TDCJ Coordinators TO: Chatrutia., ,NQ yyl i 7 Date; 10/28/2020 Name of Family/Contact Person Eha'lwfQ, Nowl.%h/ Ili— 151 - Yi el4 URBINA-MAYORQUIN, MIGUEL ADRIAN Address 5 m I DEA 5+ ij (tYA At lnmate Name: M t -VEI �iQA%A Al -4L b1 NA 41A yait� ✓°�' T X �Q 3 Jail ID#315494 Date Abandoned 11 This is to advise you that URBINA-MAYORQUIN, MIGUEL ADRIAN has been sentenced to the Texas Department of Criminal Justice. You have been named by the inmate as the party designated to take possession of his/ her property. You will need a picture ID at the time the property is released. Personal property must be picked up within 30 days from the date of this letter, The property will be considered abandoned and become the property of the Brazos County Sheriffs Office on the 3 P day. The property will be donated or disposed of to the person(s) and/or organization(s) of choice by the order of the Sheriff of Brazos County, Texas, You may pick up the personal property Monday — Friday, 8:00am to 5:00pm at the Bond/Release Lobby located near P r. g:Lot B, 1835 Sandy Point Road Bryan, Texas. For any questions please call 979-3614800. i Inmategignature Person Receiving Property vol. 530 Pg. lj — BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _12/28/20_ JAIL ID#: 315501 SO#: 34629234 This is to advise you, TAYLOR, LAWRENCE RAY, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos - County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of-tv-the-person(s)-omaorganization-of-choice-by-order-of the-Sherif�ofi-Brazos-County;-Texas—Your�-�--~ property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 2835 Sandy Point Rd. B,ryan, TX 77803._ To avoid long wait times schedule the icku 24 hours in >adiva ee LIST OF PROPERTY 1) cls 4th -L_ k Cho vv A 6NJ ) 3 1G} S 2) 2 Ream l ow SAA& 7) 3) W 04viry Sya 8) 4)1 t;sc&L S=g 5) e(*cu,g�,uF Signature of Inmate: Signature of Jailer. 9) Date:_I2/28/20 Time: -0400 - Date: -12128/20— Time: -0400 - Form: 1825 ime:0400 Property disposed by: ~' Date: Time: Person designated to pick up property: Name: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Farm:1825 Inmate Property I]isposition Vof. -33o-- Pg. � ly— BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _12/28/20 JAIL ID#: 307128 SON: 126434 This is to advise you; Ginn, Jatarious Kieshun, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(.&).or-organization•of-choice-by-order--of-the-Sheriff-of-Brazos-County,—Texas.—You r•p roperty-will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lone wait times schedule the nick un (24 hours in advance). 1) Ql,e�ue. h-1i� aik 3) 4) Z 2to ri skq e S Signature of Inmate Signature of Jailer: LIST OF PROPERTY 6) 10) Date: 12/28/20 Time: 0400 Date:`12/28/20— Time:-0400— Property ime_0400 Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: IF Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. Pg. 1 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12/28/20 JAIL ID#: 303719 SO#: 88333 This is to advise you, SMITH, DEREK EMMANUEL, JR, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one. week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed ofto-the_person(s)_or-organization-of-choice-by-order-of-the-Sheriff-of-Brazos-County; Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To_a_void long wait times schedule the pickup (24 hoursin advaneA LIST OF PROPERTY 1) i pad( of !Aa M5,1 --06M . 1 pat ( nP 6) 2)1_r �r—�4ni (k 1 uw�ie�rU9Fll� 7) 3)-Oti,I .t+j I ! uJ (N r 8) 4) 9) 5) 10) Signature of Inmate:, Signature of Jailer: Property disposed by: Person designated to�ick up property: Name: - IM . Address: Z 7 O U AA 2 ?9d� Telephone: _12/28/20 Time: 0400, _12/28/20_ Time: - 0400 - Date: - Time: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property0isposition Vol. Pg. l Ean BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _12/28/20 JAIL ID#: 301283 SOM 117672 This is to advise you, Gonzales, Angel Lizandro, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s)-or-organization•ofchoice-by-order-of-theShenff-of-Brazos-County; Texas. Your property -will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid.long wait times schedule the nickun (24 hours in advance). LIST OF PROPERTY Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. 3C7 Pg. A CA fifth BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _12/28/20 JAIL ID#: 314170 SON: 125484 This is to advise you, FLETCHER, CHRISTOPHER, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of-to-the-person(s)-or-organization of choicemer o the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. B an TX 77803. To nidi " hedule-th ick 4-I LIST OF PROPERTY 03) 8) 4) 9) 5). 10) Signature of Inmate :`{rte/ Date: -12/28/20 Time; 0400 Signature of Jailer:4% Date: 12/28/20 Time: 0400 Property disposed -by: Date: Time: Person desi%nuahtledtllo �upoPp�erty: Name: Address: Telephone:. Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the propert ) Form -1825 Inmate Property Disposition VOI. 3� Pg. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORINT Date Inmate Left Facility 12/28/20_ JAIL ID#: 314733 SOM 113825 This is to advise you, HOLLIDAY, RYDER LEE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the persons)-or-organization-of-choice-by-order--of-the-Sheriff-of Brazos -County; Texas. Your-propertrwill not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the nickug (24 hours in advance . LIST OF PROPERTY ' 741M IL ,, .. ���i�= M 3). 8) 4) 9) Signature of Inmate: Signature of Jailer: Property disposed by: Person Name: Address Telepho 10) Signature of Officer Releasing Property Date -12/28/20 Time:-0400— Date:-12/28/20— ime:0400_ Date:_12/28/20 Time:-0400— Date: ime=0400 Date: Time: Date: 0 Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: IB25 Inmate Property Disposition vol. Pg. `�— BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12/28/20 JAIL ID#: 316446 SO#: 128219 This is to advise you, Golden, Robert Leeaundre, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s).or_organization-oF choke_by-order-of-the.Sher-iff-of-Brazos-Gounty; Texas: Your -property -will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Ions wait times schedule the pickup (24 hours in advancel. LIST OF PROPERTY 1) 1 Ala; (rn•� SltdTtS _ L Wla5iC, Lair efyp) 2) Luhtle til�rk , l �Qd ►�k 1 UwA(WA f7) *3) 8) 4) .9) 5) 10) Signature of Inmate: Date: 12/28/20 Time:-0400— Signature ime;0400Signature of Jailer: Date _12/28/20_ Time:-0400— Property disposed by: Person designated to pick up property: Name: 3!;,w� 2 Add e t Date: Time: - Address: i 1?a 0 I I gL j. 0 0-w AA('1ve- � f lgpi * t� olof 7a� Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. 12r—) fig. �/► BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12/28/20 JAIL ID#: 276665 SON: 119649 This is to advise you, WINBUSH, DESHAUN GRAYLON, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed ofto-the-person(s)-or-org nization-o£choice_by-order_of_the_Shenff_of-Brazos-Countyf-Texas. Your property will not be released to any one other than the person you designate to pick ,it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid loan wait times schedule the oickup (24 hours in advance) LIST OF PROPERTY 1) 1 def u, j nni:3f owes _ 2) 1 b10 roVet -Lif P%ise pa(trrs wl eong l vwt 3) 61 boobs . tlymlo1R k ok( rs 5) 1 4�aay��-� 1 �� stt;es, 1 " 6}. moi( �F sac�lc putktl- 1¢i Mid items 8} 1 al; 91,426 4' 10) o„ 7"W Signature of Inmate: �� g Date: 12/28/20 Time: 0400 Signature of Jailer: Date: 12/28/20 Time: 0400 Property disposed by: Date: Time: Person designated to pick up property: Name: ASA 1 f-4 W 1 S �.1 Address: ��i �., Le � 1uvSon i( 7 7D l 6 Telephone: 01 - 3 U- a 9 UU Signature of Officer Releasing Property Date: ANIK qW Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition vol. 330 Pg. 7 tv BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _12/28/20_ JAIL ID#: 313410 SO#: 124990 This is to advise you, Jalufka, Scott Ryan, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(&)-or-organization-of-choice-by-order-of-the-Sheriff--of-Brazos-County; Texas. Your -property -will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the p,ickug (24 hours in advance). LIST OF PROPERTY 1) L pw� j-1A�'� S) r� _ 2) b 6onlGs r 2 wt�vti lire Foldefs 7) 4) I Aga r1 &V Nwjdtt , Iq kf 4� _ 49) 5) 10) Signature of Inmate: Signature of Jailer. e Date:_12/28/20 Time:-0400— Date:-12/28/20— Time:-0400— Property disposed by: Date: Time: Person designated to pick up property: Name: ?C7a Q� q Address: -P.O. &,X: j L Z 5 Telephone: MQA)536-365 Signature of Officer Releasing Property Date: toSignature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825Inmate Property Disposition vel. 330 Pg. 14 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12/29/20 JAIL ID#: 311392 SO#:129484 This is to advise you, Williams, Desmon Jamal, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s)_or,organization.of choice_by-order-of-the-Sheriff-of-Brazos-eounty; `Texas -Your propeff ivi not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the nickun (24 hours in advance's-_ I) ti. )e 600 g 2) tx Vve <- r4 3) Gtw ro .n tS 4) �•.,. 5)-�k Gr..�l �Gty%Flinn{, LIST OF PROPERTY 6) 2x Aa&" 4 7) 8- 9) 10) Signature of Inmate: Date: I v'2?6 Time: Signature ofJailer:� � /1001 Date: /2/27/moo Time: Property disposed by: - - - Date: Time: Person designated ii pi k up prouphl Name: 1 A4, 4. 6 Address: 0 f, a4 L �Duf t PL colk% ivil Telephone: / V v Signature of Officer Releasing Property Date: ML Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 182S Inmate Property Disposition ��. 2 C, voi. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility._12/28/20_ JAIL ID#: 314959 SOM 124777 This is to advise you, Shaw, Roy Deshun, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s)-or-organization-of-choice-by-order-of-the-Sheriff-of-Brazos-Count}; Texas-Your•propertywill not be released to any one other than the person you designate to pick it up,• and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times -schedule the pickuy,L24 hours in, -advance). LIST OF PROPERTY 3} -that Sl�ccir, �,ZSt. C�,rGI 4) 7. somas scy-gen T 5) 7-.t,. slnazc hls�ri. Signature of Inmate: ko Signature of Jailer: LC, Property disposed by: Person designated to pick up property: Name: 6)_4 t -%k scems , u to ca is 8) A&&_6&, soc 5 9)Bek 4 10) Q44A &AXLAf Telephone: Signature of Officer Releasing Property Date:I2/28/20 Time:-0400– Date: 12/28/20 ime:0400 Date:12/28/20 Time: 0400 Date: Time:, Date: 4PSignature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825Inmate Property Disposition Vol. 3 0 Pg. BRAZOS COUNTY DETENTION. CENTER INMATE PROPERTY DISP SITION FORM Date Inmate Left Facility JAIL 1D#: 316022 SON: '106624 This is to advise you, BORGOS,-JANAE M, that the Brazos County Office of.the:Sheriffwill grant you a. :. period of one, week (five working days). to have anyone of your choice to pickup andlor receive any. and._ all property that you have accumulated . during your time incarcerated in the -Brazos County Detention Center. In the event that no one has picked up your propertyafter the expiration of one week (five working days), any and all property will be donated to the Brazos:County Sheriff and disposed of to the' persons _or organization off' choice. , y order of the Sheriff of Brazos County, Texas. Your property- Will . not be released to any one: other than the person you dcsignate.to pick -it- up; and can: be picked up� from the Release Lobby of the Brazos County Detention Center.1835 Sandy:Point Rd: Bryan, TX* Signature of Inmate: Signature of.Jailer. Property disposed by:. -Person designated to pick up property: Name: w -t -'s -A Date: Date'L Date: Time• Time: Time• Address: Telephone:.' Signature of Officer Releasing Property Date: Signature of Person Pick up.Property. .:Date: (Include a copy of the person's identification that is pickingup the .property) . Form: 1825 Inmate Property Disposition Vo4: 3 i7 ' pg. --EHAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FCURM Date Inmate Left Facility JAIL ID#: 313265 SO#: 126293 This is to advise you, TAYLOR; JOSEPH WILLIAM DEWAYNE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated daring your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County Tevaa vn.,r property win not oe reieasea to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1833 Sanely Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance) 1)=-..e IIS 4) b�..� �n•�.,-� S 5) �%� 54•� c �- LIST OF PROPERTY 6)- -- 7) 8) _ 9) 10) Signature of Inmate: Date: Time: Signature of Jailer: Date: TimeP :3 3 Property disposed by: Date: Time: Person designated to pick up property: Name: !, It P, LU D Address: f T ��_yz- X LU03 Telephone: 30 Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 182S Inmate Property Disposition vol. 330 pg.2� BRAZO COUNTY Y D ETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility �Z OA -t-0 JAIL ID#: 315462 SO#: 93550 This is to advise you, ARELLANO, MARIESOL FLORES, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed ` "—of-to-the-person(s)-or-r-gmixation of choice by order of the Shenff"ofBrazos County, Texas. Tour property will not be,released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Ie-th icku ou s-in-advanc--� 1) t-\ 4Jootc S 2) y r 4) 5) LIST OF PROPERTY 6) 7)-- 8) 9) 10) Signature of Inmate: 1 , t eSxp�U a � {�-(��'LO Time: Signature of Jailer: � ��� �, Date: tZ'VA'Va Time: Property disposed by: Person designated to pick up property: Name: j a l r I f t*7 -11 w Address: 2?_ it rtG1r'mY1 Dr,,/e- 6La.n t t -y- l�i_.- Telephone: Date: Time: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 184 Inmate Property Disposition 2 �� JAIL ID#: 316399 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12!3/2020 SO#: 63491 This is to advise you, SPENCER, RANDY LEE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos Counter, Texas. Yourproperty will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait times schedule the oickun (24 hours in advance) LIST OF PROPERTY AML 3) 5) Z 10) Signature of Inmate, ° ate: Time: Signature of Jailer: 1IlSLk Date: 1Z IS Time: Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. 00 Pg. 3® BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility I ZI-30 JAIL ID#: 316746 SON: 94757 This is to advise you, SMART, JEREMY RAMONE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of-to-the-pemon(s)-or-organization-of-choice-by-order-oF-the-Sheriff-of-Bmzas-eounty, Texas. Your --- property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. B an• TX 77803. To avoid long wait times schedule the nickup • 24 hours i adv nce 1)_l Phi( of 51 i oks , I VVI&C Ic 2) 1 e -if of socy:5 , 1 tinekruvecar 3) I S W 4. I g t-Wj- 4) 5). LIST OF PROPERTY 6) 7) 8) 9)- 10) )I0) Signature of Inmate: g • Date: Time: Signature of Jailer: Date: OLUIV70 Time:OYOO Property disposed by: Date: Time: Person designated to pick up property: Name: anal, Address: 3 j,. Q c 44-5+f-gc7- Telephone: (9 -G Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 2825 fnrnate Property Disposition Vol. MO Pg. —3 L I L11 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12/3/2020 JAIL ID#: 314592 SOP: 128134 This is to advise you, PREJEAN, GRANT MICHAEL, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your propertyafter the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the persons) or organization of choice by order of the Sheriff of Brazos County.. Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Ions wait times schedule the pickup (24 hours in advance). 2) Signature of Inmate: Signature of Jailer: LIST OF PROPERTY 10) Date: Date: i Z & . .. Property disposed by: Date: _ •.. Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1925 Inmate Property Disposition va. L Pg. 3`2 JAIL ID#: 317919 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility SOM 133052 This is to advise you, AURAND, ANDREW GEORGE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by- order of the . Sheriff_of_ Brazos Qtnty,-lexas._Xour property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). / LIST OF PROPERTY 2) 7) 3) 8) 4) 9) 5) 10) Signature of Inmate: Date: Time: Signature of Jailer: %Z Y4% Date: ! SAW/kjTime: Property disposed by: Date: Time:.. Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form., 1825 Inmate Property Disposition Vol. 3-2)--o Pg. 35— BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12/3/2020 JAIL ID#: 312572 SO#:131143 This is to advise you, TERRAZA, PAUL EDGARDO, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriffand disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos Countv. Texas_ Vn„r property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Ions wait times schedule the pickup (24 hours in advance) LIST OF PROPERTY 1} Z S1nOz 2) 3) 4) 5) 10) Signature of Inmate: Date: Time: Signature of Jailer:JY1 �1 Date: 12 't 170 Time: Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: AML Signature of Person Pick up Property Date: (Include a copy of the person's identification that is. picking up the property) Form: 182S Inmate Property Wposttfon Vol. Y20 Pg. � �' ,s JAIL ID#: 315994 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPQ ITION FORM Date Inmate Left Facility I Z 3 ZaZo SO#: 114798 This is to advise you, TAMEZ, DIANA MARIE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos Countx,.Iexas...Youx.pr-opertK,.vill notbe Me to any one other than the person you designate to pick it up, and can be picked up _ from the Release Lobby of the. Brazos. County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait times schedule the Pickup (24 hours in advance. 2)��- 3) 4) �- 5) C�llpirw LIST OF PROPERTY 6) (�aLie 7) 9) 1 Q) Signature of Inmate."Date: Time: Signature of Jailer. l.t-o to b Date: t'3, -V� Time: Property disposed by: Date:..� . Time: Person designated to ij7k ue property: Name: !� c'_jr 6 X Address: 3 67 cC.,\��at Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Propertyfir Date: - -- \43ialudee-eopY-ef-the-per-s©n 4dentifimt-io"hat is-picking-up-the-propert..*) 'Form: 1825 Inmate Property DI9pos+tion V0. �� pg- F BRAZOS COUNTY DETENTION CENTER to INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 12/7/2020 JAIL ID#: 317275 SO#: 66407 This is to advise you, BODISH, STEPHANIE RUTH, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time .incarcerated in- the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos -County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 1) 2XSHOES, 1X CHAPSTICK 6)-- 2) 7) 3) 8) IN4) 9) S) 10) r Signature of Inmate: Date:Time:—&-.36 Signature of Jailer: ±MDate: IZZ)l p Time: Property disposed by: Date: Time: Person desig tedt pick up property: . . Name: . I'1 yum Sly ►Slab r Address: �..��i-WCY. q'lq - fila.- "711091 2?�, #�lvtQh ���ah� • ���1 Telephone:_ �. A Signature of Officer Releasing Property'tDate: _ --- .. ._ . _ Agh Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:1625 Inmate Property Disposition vol. 3SO Pg. i3�e. BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATEDJAWARDED PROPERTY . * * DONATION OF COUNTY PROPERTY Date: 03/09121 ®Acceptance of Donated/Awarded Property Donation, of County Property (Awarded propertyrcquires sighed court documentation) nAcceptance of Donated lnmato.Property (Requires signed inmate documentation —iV0 VALUE ASSESSED) Item Description: Please provide all information requested below as applicable to the property being accepted or donated. Forms containing, any blank "Yields m' vi r ire me 'ter romp] n. n. Make: Model: Ycur; SN/VIN #: a ono :x1 plai'n ' ' Bon* MEMO!e�. ... Additional Dcscr<ptionllnfarmation: C1thin9; Jewelry, Electronics and other mise items left by. inmates . leaving ft Brazos County DeteMlon .Center in the month of January 2021. :Estimated Value : . I certify that the'ubove-mentioned item has beendonated. or awardedth Bfiii s.County.. This.item has been'reaeived.in good faith and upon approval. by Commissioner's Court will become a part of the Gerie.ra] Filed asset Account of Brazos Courity..'fhe determination to acceptor ::. reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating,.. maintenance aid insurance costs. Requesting Departnicnt: Brazos Cottrity Sheriffs -UfBcs Department Name Auflmorizgd Siguattuc organization Itccciving Donimted Property:.. Authorized Signature donby Co missicm ou on this day of Corumissioners Court Approval BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM ]Date Inmate Left Faeility 1/8121 JAIL Ii)#: 312778 SO#: 57695 This is to advise you, CANTU, GERONIMO, that the Brazos. County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and: :all properly that you have accumulated .during your. time incarcerated in the Brazos' County..Detention Center. In the event .that no one has picked ' up your property after the expiration of one week (five 'working days); any and all property will be. dQafed'to:the Brazos County Sheriff and disposed of to the persons)<ororgauiaatiobotchoice.byArdeLo£the.Sheiiff.of-BrazosXCotmty,.')Texas. Y;our.property will :not be ]released to an y ' ne other than the persoaa yuu designate to pick£ it up, and' can be. picked up . ..'from the Reiease.Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To Avoid long wait times schedule the vkkuk` 24 hours in advance). ' LIST OF PROPERTY..< ecwds : ; $i8ttature. of Inmate:Date: Timers' Stgnatureof!a>Ier: %� Date'. Time:.. . . ' : . :e• Property-disposed by: ' :.. ; Dater Time: 1Person designated to .pick up property: . :. Name-' ' ...... .. .. Address:... :Telephone: . ftnature-of Officer Releasing Property. Date: Signature of Person Fick up Property Date: Include'aco of die person' 'identification that is ickin u theproperty) (.. P�': p:. p. ..�..P .: Form'',1825 PnFTIM Property Disposition. va BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 317177 -SON: 122137 .. . This is to advise you, AUSTIN, KYLE LAMAI , that the Brazos_County Office of the Sheriff will grant - you. a period of one week (five working days) to have anyone of your choice topickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property. after the expiration of:one week (five working days), any and all property will lie donated to the Brazos County Sheriff and disposed of to the: person(s) or organization of choice by order of the Sheriff of Brazos Count Texas. Your eropertywill —10Tre ens any oneof er than .th P rson yyou designate to pick it up, and can be picked up from .the Release Lobby of the.l3razos Couhty Detention Ceiater 1835 Sandy Point Rd: Bryan, TX . 77803.'To avoid lona wait times schedule "the nkkup(24 hours in advanced LIST OF PROPERTY 1}M e slues-2dlnrct' ... -:6 2) l j,,A43K, I uvitlEr�,ut�a�' G i aPs�cuti 7 :... . 4) 9) :. 5) 10} _.. yy Signature of.Inznate:;:..:..._:: Date: :,�:.. l Signature of Jailer; . Date:" z r Time: Property disposed b y . P p .. . -- Date: Ti . Person desiginatcd to pick up pr®pei�ty: :.Name: . ILI =cam + .... ..Address: tr :. Telephone: Signature of Offieer.Relr�g Property Date: Signature :of Person Pick up Property. Date: (Inc] e a copy o the petsdn's identification that is picking up the property) Form: E8251nrriate property D100008 'dol. .Pg. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Innate Left l+acni t3' JAIL ID#: 317567. SO#:118737 This is to advise you, BLUE, DEQUANDUZ TYRE, that the' Brazos County Office of the Sheriff will . grant. you a period of one week (five working days) .to have anyone of your choice.to pickup and/or receive . any and all property that you have accumulated.. during your time: incarcerated in the Brazos. County Detention Center. In the event that no one has picked up your property after the expiration of one . week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of tri the ne-mgnnk) nr nruani7afinn of chnine by nrdAr of. the Cheriff of RTS176Q rAlln1ly TeYna Vnaer BRAZOS COUNTY -DETENTION CENTER' INIMATE ]PROPERTY DISPOSITION FORM'. Date Inmate Left Facility 1/4/21. JAIL ID#: 314458 SO#: 80941 This is to advise you, MCDANIEL, JENNIFER F'LORES, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup andlor receive any and all property that you have accumulated during your timeincarcerated in the °.Brazos County Detention Center. In the event that no one has picked up your property'after the expiration of one week (ftve:working days), any and ailproperty will; be donated. to the Brazos County Sheriff 'and disposed of toi the person(s) or organization of choice by order. of -the Sheriff of Brazos County, Texas. Your " ptoperty' 11 not c"""""Ire e�assi "to any .ane other thar,.the person you designate to pick it up, And can . be.picked up from the'Release Lobby'of the Brazos County Detention Center.1835 Sandy Point lid.. Bryan, TX 77+803, To avoid long wait times schedule the usckuu (24 hours in advance) : LIST. ®I+ PROPERTY.. . :. ...:.1) I xbook 6) 2) I xbra 7) 3)1 x blue shirt 8 4)2xblk slides 9) 3)Ixblue robe IOI :.:... ; Signature of Inmate• r.. ate: :... :Time: - bm _ . Signature ofJaHer: .. Date � �� Time:.. Propertydisposed by.:. Date: Timer. Person desi noted to peck tip prop6rtt.:. Naive:........ .Address: Telephone,. :. Signature ofOfficer Releasing Property,. ..... );?ate: Signature of Person Pick up Property : :. bate: -(Include a copy of the person's identification that is picking up the property} Form.. 1825 Inmate Property Nsposiflon.. Vol. Pg: JAIL IDN: 316658 BRA ZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM bate Inmate Left.Facility 1/8/21 SO#:126095 . This is to advise you, Lott, Darius Deandre, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time. incarcerated in the Brazos County Detention Center. In the event. that no. one .has picked up .your property .pffter ' the expiration. of one week (five working days), any arid all property will be donated 'to the Brazos County Sheriff and disposed of to the „ •persons or organization _taf'cotceby..oxder-of.the.Sheriff,of.Brazos.County, exas. Xour-property `vial not be released ,to any. one other than the person you designate to pick it up, and can be kicked up from the Release Lobby of the Brazos County I)etentSon Center 1835 Sandy Point Rd:. Bryan, TX 77803. To avoid lone'wait times schedule the ]2ickup (24 hours in advance). LIST SOF PROPERTY.- "'00, FtU'LRTY :... . �. ?� S 6} 1} 7 . .$) - 10)x:...: Signature `of Inmate:. ' ` VO\'"rDate: . _ ...Tune: ; Signature of Jailer: (/U/Iw Date: q.... Time: 'Date:... Property disposed by: _ Tim' e• Perswi designated to g�pck up property. :. Name: - .Address: Telephone-:.. Signature of Officer Releasing Property ° Date: Signature of Person Pickup Property Date; (Include a copy of the erson°s identification. that isspicking up.the.pro artY ) Form:18251nrrtat+ Properly bisposw6n Val: 0 pg �- 2. W-111111-0,17 BAIL ID#: 317520 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY i�ISPOSITION FORM Date Inmate Left Facility 1/19121. SO#:129165 This is to advise you, GUERRERO, STEPHEN ANTHONY, that the Brazos County Officevf the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pick up and/or receive any and all. property that you have accumulated :during your.. time incarcerated in the Brazos County Detention Center. In the event that no. one has picked up your property after the expiration -of one - week (five:working days), any and all property will be'donated to the Brazos County Sheriff and disposed of to the person(s) or organization of 'choicb by order of the Sheriff of Brazos County, Texas: -Your . property wt�l n 'be ease........... to anyot.t otdiei'. #hon tie person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos.Couhty Detention Center 1535 Sandy Point Rd. ..Bryan, TX 77801 To avoid long wait times schedule the 1&kun f24 hours in advanct). LIST OF PROPERTY 2}Gs .7)_ .... . 4) Ilk 5} 10) Signature ofinmate: --- Date:.1119n021 Time': .0630 $gnature.ofJailen Date:.111912021 Titne;,�063U .: _ Property disposed by: Date: Time: ... . Person desi nated to. ick up property:.: Name. :. Address;...,. Teleplione:. . Signature of Officer Releasing: Property. Date: Signature.of Person Pick ' Property Date- Include ate:include a copy of the person's identification that is picking up the property) form: 1825 Inmate Property R1sp6VteWti - Vol.'... .Pg• BRAZOS COUNTY DETENTION CENTER. INMATE PROPERTY -DISPOSITION FORM Date Inmate Left Facility _1/28/2021 JAIL ID4: 317577 SO#:118113 This is to advise'yciu, EALOMS, ADAM JOHN, JR, that the Brazos: County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pick up and/or receive. any and all property that -you have accumulated during your time . incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to 'the person(s) or organization of choice .by order of. the Sheriff of..Brazos CountyTexas. Your property will not be released to anyone other than the person you' designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detent1,on'Center 1835 Sandy Point Rd. Bryan, -TX 77803. To avoid long wait times schedule thenickun (24 hours in advance) . LIST OF PROPERTY. . 3 : 10) aaatiaLUIC vl W111"t LXviE:usuib I_ W}MJLY ... :. 9iiltr: Signature of Person Pickup Property. Date:. (Include a copy of the person's identification that is picking up titeproperty) fotiti:18B Inmate kopedy Disposition... " .vol. _g. g " �. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _'A " JAIL ID#: 317629 SO& 58941 This is to advise you, SAUSEDA, BRYAN Ci IRISTOPFI R, that the Brazos County Office of the Sheriff will grant you a period of one week.(five working days) to have anyone of your choice to pickup and/or - receive any and all property that you. have. accumulated during your" time incarcerated in the Brazos ... County Detention Center. In the event that no one has picked up your property ager the expiration ofone week (five working days), any and all propertywill be donated to the Brazos County Sheriff and -disposed of to the persons) or organization of choice by order of the. Sheriff of Brazos County Texas: .Your "y props wit nl`�`oi rhe eased �o any one other than the person you designate to pick it up, and can be picked up. from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point ltd. Bryan, TX 77803. To avoid lona wait times schedule the pickup f24 hours in advihee . LIST OF PROPERTY. 6j— Wo Z. `.) 4j �1 9} ' Signature df Inmate: a.. hate:. Time:.,.., Signature of Jailer:Date: -`� Time: Property disposed li}� f_ : Dater...:. - Time Person desi ed to ick u roe r Name:: Address:. .... elephane� .:.. . Signature of Officer -Releasing Property _Date: Signature of Person Pick up Property Date: 3 (Include' a copy of the person's identification that_is ickin u theproperty).. ::. ... 1 .. P. .g P Farm: 2825 Inmate Propeity DlSpositfon :. vol." :3 9•: . ERAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 1/28/21_ JAIL ID#: 312337 SO#:118256 This is to advise you, DEJANOVITZ, BRADLEY ALAN, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated.in the Bros County. Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order. of the. Sheriff of Brazos -County, Texas, Your roe MR not.Bere ease o an one ot�han the er�w ou`�ilesi nate to ick it up, and can P P 3' y P y g. pi .4o'picked up from the Release Lobby of-the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX:77803. To avoid lona wait times schedule the Pickub !24 hours in advance). :. LIST :OAF PROPERTY 2)_l!a-ear-? 4� /m' 11.n 61 4y iA.: S)1<- Si nature of Inmate: Date: .01'/2812 Time: �0530 Signature of Jailer: Date:. 01/28f21, Times _ 030 Property disposed by: D Time: ate: - Person deli o:dted to pick u r® e... .ane:.. .: . . Address: .. Telephone:: . Signature of Offscer:Releasing Property Date: . Signature of Person Pick up Property. Date: - (IncWde n copy of the person's identification that is picking ilp the property) ts; 0251nm;te Property Disposition:. VPg ol.• . P AZOS COUNTY DETENTIONCENTER INMATE PROPERTY DISPOSITION FORM Date inmate Left Facility -1/2$/21- JAIL ID#: 317237 St?#: 128064 .... This is to advise you,.Bartley; Glenn David, that the Brazos Coun Office of the Sheriff will grant you. a period of one :week (five working days) to have anyone of your Dice to pick up and/or receive any 'and all .property that. -you have accumulated during:your time ' er d in the Biazos.County Detention Center. In the event ih as picked up y p er the expiration of one week (rive working days}, any al! property ! be don ted razor County Sheriff and disposed of to the persons) or prganizati. Af choice b. oft h f of Brazos Coanty, Texas. YourroP e will n t'be released" o.an on 1 er fh you- esi nate to -ek-i a can.be picked u t� 3� �. , . Y g F A� . P� P from the Release Lobby o he Brazo ty Detention Center IS35 Sandy Point ltd: Bryan, TX 77803..: avoid io *1t t'' esach'" t e ickt ' 24.h. sin advance LIST OF. PROPER.T'Y 4) btk.. .. t^ood : .. g) $) ... . 10) Si nature of Irimmte . -_ ..__- g Aate: 021 Time: 0530 .Signature of Jailer: Dater 1/2$12421 :Time: 0530. Property disposed by; :.... . .. Dater Time: .Person designated toicku ro er P PP P ty. .. Name: :. .... Address: Telephone: :. . Signature of Officer Releasing Property Datc:'� Signature of P.rson Pick up Prciperty.: date: (include a copy of tiie person's identification that:isb kin icr tip the roert p P p Y): Fonii.182$ inroi)te.PFopeiiy Disposition Vgl.. Pg:... . BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 1/28/2421_ JAIL ID#: 316963: .. -SO#:114479 This is to advise you, MORRIS, MICHAEL CHRISTOPHER, that the Brazos :County Office of the Sheriff will ''grant you a period of one week (five working days) to have anyone of your choice to pick up and/or receive any and allproperty that you have accumulated during your time incarcerated in'the Brazos County Detention Center.: In'the: event that no one has picked up your property after the expiration of one week (five working days), any and all property will bd d6nat6d to the Brazos County Sheriff and disposed of to the. person(s) or organization of choice. by order of the Sheriff of Brazos County, .Texas. Your IBRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM. Date Inmate Left Facility _1/28/2021 JAIL ID#: 3118 . 5:103916 This. is to advise you, LEVI, LORENZO, that the Brazos County Office of the Sheriff will grant you a period of ane. week (five working days) to have anyone of your choice to pick up and/or receive any and allproPerty"that you have accumulated during your time incarcerated in the Brazos County Detention Center.' In the .event that no one has.'picked .up' your.property after the expiration of one week (fide working days), any and all property will be donated to the Brazos County She riffand disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. four property will " aiofbe release :.o anyone. —oiaer #han�he perso o designate to pick it up, and be picked up from. the Release'1Lobby of the Brazos County Detention: Center 1835 Sandy Point, Rd. Bryan, TX 77803. To avoid lona wait times schedule the pickup (Z$ hours in advance): LIST:OF PROPERTY 1)A aZ .. 6 '; d) �� r r Signature of Inmate:::..,.: Date: 1/28/2021.. Time: 0530u;:: . yjs ::. Si nature of Jailer:. Date: 1/28/202 1: Time:'. 0530 ..: . Property disposed by:...: Date: Time: Person designated to pick upperty:' yt :..: :::.... -Address::: . Stg tore ofOfficer Releasin Pro' petty Date: Signature of Terson Pick up Property (Inc We a copy of the person's We*ntilicatioil that ispicking ap tlte:property) Form: I8251nWite Property QispositioA Vol.... g. BIOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Hate Inmate Left Facility 1/4/21 JAIL IID#: 314157 so#: 56455 This is to advise you; JOHNSON, ALECIA. ROCHELLE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days)'to have anyone of your choice to pickup andfor receive- any and all property. that you leave accumulated during your ,three incarcerated. in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will he donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order 'of the Shei ff of Brazos County, Texas,' Your proper tiv no be'reiease o any other hnn t c pperson you designate to pie, it up, and can be picked up from the -Release Lobby of the Brazos County (Detention -Censer 1835 Sandy Point Rd. Bryan', TX 77803. To ayoiil long wait times schedule the 17ickug (24 hours in advance) LIST- OF PROPERTY . . .6) 3-1k Si,LaoE� S) 5) �r`�iG�:� 10) Si :' =nature of Inmate: l`;:,r .� Date: .. .. •ro ere - .. .. ,. Time:, . Signature of Jailer: _ •..: • /7a'r4Bate:. r/�'%2 �.. Time; Prooerty.oisposed by; .'Date::..: :. Time: pick Person designated. to ap property: . Narrie: Address:. Telephone:. m:. Signature of Officer Releasing Property : Date: .. b . .. p y ..Signature of Person Pick:ug Property Date: `(Include a copy of the'person's identification that is picking up the property) Form: 1825 Inmate Property Dlspogon V 9 ol. X30 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORINT Date Inmate Left /Facility 1/28/2021. .TAIL IDM 313312 SO& 113349 This is to advise you, GRIMALDO, MICHAEL, JR, that the Brazos County Office of the Sheriff will grant you a: period of one week (five working days) to have anyone of your .choice to pick up and/or.. receive any: and AI property that 'you have accumulated during :your time incarcerated in the Brazos County Detention Center. In the event that. no one has picked up your property after the expiration of one week (five working days), any and all property will be donatedto the Brazos County Sherifffand disposed of to the. persbn(s) or organization of choice by .order of the Sheriff of Brazos County, Texas. Your pro erp ff —wiI nI Urb releasea o anyone v her. ` anteper o y u designate to pick. it up, and can be. picked up from the Release Lobby of the Brazos County Detention :Center 1835 Sandy Point Rd. Bryan, TX 77803, void Iona wait tunes'schedule the pickup (24.hours in advance). 3/11/2021 Item Coversheet iU BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 3/16/2021 ITEM: Authorization for Cheryl Coffman to affix electronic signatures of Commissioners Court members to court documents they have approved by participation via telephone or video conferencing. TO: Commissioners Court DATE:' 03/05/2021 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available +D 0 Duane Peters Date County Judge BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 3/16/2021 ITEM: Request from Justice of the Peace, Pct #4 for the following personnel changes effective March 20, 2021. This will have a decrease to Justice of the Peace, Pct #4's FY 21 Budget in the amount of $501.00. • Decrease Cleric IIWustice of the Peace Pct4, Class Code B0616 Position 1, Group 15 Step 3 to Group 15 Step 3 • Decrease Clerk II -Justice of the Peace Pct4, Class Code B0607 Position 1, Group 14 Step 3 to Group 14 Step 2 • Increase Court Coordinator -JP 4, Class'Code B0624 Position 1, Group 17 Step 4 to Group 17 Step 5 TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: BUDGET DETAIL: ACTION REQUESTED OR ALTERNATIVES: Commissioners Court Irene Jett 03/09/2021 True True ($501.00) 24401100 - Justice of the Peace, Pct #4 Request approval ATTACHMENTS: File Name Description Request for Budget Officer for Personnel Changes JP 4 March 8 2021.pdf Memo J P 4 3.9.pdf J P 4 Reclass mme Cover Memo Backup Material APPROVED 1 Duane Peters Date County Judge Vol. 3?Rj P9. °J�J To: Irene Jett, Budget Officer From: Celina V6squez, Justice of the Peace Brazos County Precinct 4 Date: March 8, 2021 Re: Request from JP4 Court for the Following Personnel Changes Effective March 20, 2021 I am respectfully submitting a request for the following personnel changes with effective date March 20, 2021 to save money and decrease the budget of Justice of the Peace Precinct 4 Decrease Clerk Ill- Justice of the Peace Precinct 4, Class Code 80616 Position 1 Group 15 Step 3 to Clerk II- Justice of the Peace Precinct 4, Class Code B0607 Position 1 Group 14 Step 1 Increase Court Coordinator Justice of the Peace Precinct 4, Class Code B0624 Position 1 Group 17 Step 4 to Court Coordinator Justice of the Peace, Precinct 4 Class Code Position 1 Group 18 Step 1. Thank you, and I look forward to meeting with you to discuss this request in greater detail if needed. -IO N t2 G N N 71 i 4tv L .A m ?-7w E t2 G .A• 4tv L .A m ?-7w E C K] e n w ) S7 :ro ro�� ro $ f 3n n N yt0' a `I 7 ;N. o nl„A fA:OG t2 G .A• yA_, L .A m ?-7w E C K] e d ) ro 'N f y �O' N yt0' a `I 7 ;N. o nl„A fA:OG j O °0 ' O n roAz waxy x� 3 �z-i m a N C n oNr6 � w A n '7 CL N m !b; t.: O tN� iH O P m Vi 'Ai n n Q ° OI W C1 N 6 v o v O Oc O O O N N O G O O � s O m v0 O N v O 0 N O O O v O N p O v a � c T t2 G A , C K] e d ) ro f y = Q N ro j O °0 ' O n roAz waxy x� 3 �z-i m ro nx N C n oNr6 � w n '7 N O N t2 G D 0 CL Is y o 0 0a t 3 s s C a 2 low C O? n O y O a n H � C r m y n C u m a ro Nf O Nt A n O a n H � y m y CL C 7 e =1 y A w. LM 0 8 n tg n C u m a ro Nf O a C y m y CL C 7 e =1 y A w. LM 0 8 n tg C6 � n W Q>z� a .• '; N � C N fi V1 3 c e p C1 o w + n w a � N N 0 0 n e c _ u m W a N .n. � p A ►• W o s 7 O � w o v o 6 i N v O (� 41 N W m N s A 4 N o v O N v O A p O GO Nf3D p O O O O d d n6n m T a C ro m y O C 7 e =1 y A n m ^•OW 0 8 n tg C6 � n W Q>z� N � C N fi V1 3 c e p C1 o w + n w a � N N 0 0 W: y; g m C Gr i• aS Et !O O 6• N �• f� L L Vol. , ),ry _ Pg. -51 . i• aS !O O 6• O• f� N'S �� yyth� Q °f �:ti: •4. A V V v1 L, ti '� � � A �. A 'ia p y � rm •� •w •e •o r'a •r, gr . offl .po c s i o. oA c yyi.. — 2- L: . .. C :N �. e. 3..• n 4a; to Cl w- � Se �.N • f 7 w g � w o. C E n Gqg G t3 1G `1.1 • o�o ° IGS •O � 8 N' O eA� 0 P. � � 4 Vol. , ),ry _ Pg. -51 . W I N r. a 0 N CCC1 O' N .�Is.. 7 Iii Q. n.f g. N . g. ir (� y pp11 � O CCC1 O' N Vol. Pg. _�Jg .�Is.. 7 = N N . g. (� y pp11 � O pqI q�•. pp d A. C1 � . Q sTi o s o n e • _. U rA S: a , q. S g• T 6 ^o x 0 9 1� w U n^ 7t7t}F{ w � N: N A j n: V 0 00 cppc $SOI 4. a pa p N C Y, n Vol. Pg. _�Jg 7 = N N 6 - . g. (� y pp11 � O pqI q�•. pp d A. . Q sTi o s o n e • N S: a , q. S g• T 6 ^o x Vol. Pg. _�Jg BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20/21 -22.5 srm9r»s FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Grant Fund JAG 2019 Departmental Support 20035 Grant Fund JAG 2019 Discretionary Spending I 200.25 FUND DIV Grant Fund JAG 2020 Departmental Support 6.094.95 Grant Fund JAG 2020 Discretionary Spending 6,094.95 289300 60500000 CR EquipmentandIT Enhancements 20035 30000 239300 59100000 DR DDEA 20035 I 30000 239400 60500000 CR Equipment and IT Enhancements 6.094.95 30000 289300 59100000 DR DDEA 6,091.95 Eduard Byrne Justice Assistance Grant (JAG 2019 and JAG 2020) Reallocation of funds to the appropriate department's account to correct FY 21 Budget Amendment 19.3 and 19.4 that was approved on February budget process. 9, 2021. The funds were accounted for during the FY 21 Date _.,• , 313J202t, X 'De artf- to C . :_.udge Approval -r, ..t..-. • =---- j Date : � y Far„Accotioiii� Pu ”`"es Onty " " _ _ FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 30000 289300 60500000 CR EquipmentandIT Enhancements 20035 30000 239300 59100000 DR DDEA 20035 30000 239400 60500000 CR Equipment and IT Enhancements 6.094.95 30000 289300 59100000 DR DDEA 6,091.95 I J � von. 330 _-- Pg.�.-- Temporary Limited Exception of "4.07 Policy On Overtime Compensation" (Brazos Center COVID-19 Vaccination HUB) Beginning with the Pay Period starting on March 20, 2021, the following three (3) Brazos Center Employees will move from earning Compensation time to Overtime: 1. Miguel Sustaita 2. Robert Bruce 3. Able Valadez-Dimas This exception is due to the Brazos Center being the COVID-19 Vaccination HUB for Brazos County and the additional work required for "breakdown" and "set up" of items and fixtures. This exemption will terminate with the first full pay period after the Vaccination HUB at the Brazos Center has been shut down or if decided earlier by Commissioners Court. ,3 Duane Peters, County Judge Date Vol. 330 Pg. 4.0 RESOLUTION STATE OF TEXAS COUNTY OF BRAZOS BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Brazos County, Tgxas, held on the, LU th day of NW O , 2021, on motion made by Nmw kpfrm Commissioner of Precinct and seconded by —IN Commissioner of Precinct , the following Resolution was adopted. WHEREAS, Brazos County obtained information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and/or reckless marketing and/or distribution of opioids that have resulted in addictions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs to the County; and WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit "1 "; and WHEREAS, Special Counsel and the State of Texas have recommended that the Brazos County Commissioners Court support the adoption and approval the Texas Term Sheet in its entirety. NOW, THEREFORE, BE IT RESOLVED that we, the Commissioners Court of Brazos County: 1. Support the adoption and approval the Texas Term Sheet in its entirety; and 2. Finds as follows: a. There is a substantial need for repayment of opioid -related expenditures and payment to abate opioid -related harms in and about Brazos County; and .Vol. 33o Pg. �0 b. The County Commissioners Court supports in its entirety the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET. The County Commissioners Court understands that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants as defined therein. We also understand that an additional purpose is to create an effective means of distributing any potential settlement Rinds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic in this County and throughout Texas. DONE IN Duane Peters, County Judge T on this the �th day of rQ-9-021. Nancy Berry, Precinct 3 —;Tc Steve Aldrich, Russ Ford, Precinct 1 Precinct 2 Irma Cauley, Precinct 4 von. v3�? — Pg. -0: — r A r W r N von.�30_, pg.,�P3 C m N t0 N O N f-� S O c _T c 3 fD N So N O N N 2 O X LA 2 D .9 0 c -G O 3 N O f-+ N 00 N ko W N z DO00 NJ N N CD v D W C O z N F+ hi N sy.=. roroHo O C. C 3 CIL :.i.. G MC O. m w e n ' r e m Q w 3 o; c A to -C Y a a Q a H CL n d o w 70 aro r, o x t0 o ft G w c m e o �o v' C m t 0 0 0 ►+a._ o o to tn vCi to tCii O = v O "'C O y O w ^� .. O 3 a < ■. (D V CD W x N A H O = =_ C� US WN O O == O OCO O A C C O C-4 .VJi F+00 0 ID ID k O' `C n ro 1N r+ N I0000 r A r 00 ^ C� fA -J 6A ON CA O to O . O VI - O M+ \0 ►+'' p'< -' N A A _ r r � � ul r0 'fin 01 O� O\ = N b9 O 01 A 4A !A rA to fA V b4 W O A O Cn O vi O W �O N O 0 0 0 O O O +1 O 0 0 0 0 0 0 O O O 0A - w O w - A J O1 a e 4 �'�otA n4EA ds rn 0 0 0 O O von.�30_, pg.,�P3 C m N t0 N O N f-� S O c _T c 3 fD N So N O N N 2 O X LA 2 D .9 0 c -G O 3 N O f-+ N 00 N ko W N z DO00 NJ N N CD v D W C O z N F+ hi N Brazos County Purchasing Department g h 200 SOU'T'H TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 March 5, 2021 Knife River Corporation — South 6310 St. Hwy 21 West Bryan, TX 77807 Attn: Loring Knutson Re: Renewal of Contract 921-1228 for Ilot Mix Asphalts, previously kirowrr as #20-1288, 19-132R and 18-121. Brazos County appreciates the work provided by your company and would like to exercise the renewal option for Ilot Mix Asphalts. This ►Pill renew as follows: Knife River: Items - 2, 4, 6, 7, 8, 10, 12, 14 Brazos Paving Inc: Item - 13 for the City of College Station No renewal for: Item - 1, 3, 5, 9, 11 All terms, conditions, and pricing shall remain the same. This renewal will be for one year, from June 29, 2021 through June 28, 2022. Please sign and return this letter as soon as possible along with an updated copy of insurance. A new payment and performance bond is also required for this renewal. The bond is not requn•ed until the start date of the renewal: June 29, 2021. You ;Pere awarded lime items 2, 4, 6, 7, 8, Ill, 12 and 14 in the amount of $962,7811.00. To accept the renewal option, please till out the information and sign below. Return the signed documents by email to Imaness@brazoscountytx.gov or fax to (979) 361-4293. Also, please submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. ICyou have any questions, I may be reached at (979) 361-4284. Contact Name:�— Title: Fr%, C+ IU�c tv.r�c��v E -Mail: `wn . wh,}e (gR J�Vl, P C"iver• GoW� Telephone: ��(� -5&1 _ LG(oc Duane Peters, Count), Judge Vol. 3 0 pg. Date 3/l(o 121 Date FLOORBREPAIRS AT THERAZOS COUNTY EXPOSITION COMPLEX SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. contract Nb; CIP 21-504 2005. Texas Ave.:,S.t.e.35.2 Pitp-4 -of 1.2 .Pages Bryani Texas 77803 geS Telephone (979.) 361-4292 GENERAL REQUIREMENT FOR CONTRACT 'as a duly aiithotized.repi.ese1itativ "C6htraotok" . 'willirigly-attotto porform (or deliver), as...per Exhibit A for Brazos: County.. I fitfher agfdo f6 all of the grdvisvqns:gnd specifications contained in this contract. specif PROJECTTIMELINE Project will -start upon receiving purchase oydet and will be completed OMP'feted by September 30; 2.021. PREVAILINGWAGESRATES The Contractor. shall be responsible ifor following all provisions of Chapter 2258 of the - 6overnment Code relating -to- the payment- ofprevailingwages... The wage rate's to be. used are. included.in Exhibit B -attached. A Contractor or subcontractor who Vi6lates. 4his! section; ShalLDav'Btazos- County $60 for -each -worker..employed f0f each:.calendar :day or -part -of the day the worker is. paid less -than -tfie.wage 'rates stipul'Ated, mi Exhibit B.. LIST. OF SUB=CONTRACTORS' 1. Paving 2. Concrete 3. Traffic Control. 4.. Erosion Control 5. Earthwork 6. Demolition. 7. RevegetfttiOn 8. Other Contract No. 0P 21-504 BRAZOS COUNTY, TEXAS Page 2 of ,12 Pages .BONDING RE,Q.UIREMENTS 'The Contractor' -will be. required to bond..each project individually:_ The successful bidder must provide to the.Purchasing.Department; as payment bond, in the amount of 100% of the project sum ten Q-0) calendar days. prior tostart of work for each project. Such bonds shall be executed by -a corporate, surety duly authorized and admitted to do business. in -the. State of Texas and licensed in the State of'Texas. to issue. ,surety bonds with a Best Rating " A or- .better.. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED .B.Y THE BIDDER.- IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED: FIVE (5) ADDITIONAL- DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A. SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. ASSIGNMENT The successful offeror may not assign;. sell or otherwise transfer this contract without written permission .of 'Brazos. County Commissioners -:Court: Should there be a change- in ownership or management, the contract shall'be terminated unless- a mutual agreement is reached with `the, new owner or manager to. continue the contract with its.present• provisions and. -prices.; .AWARD Brazos County reserves the right -to award .this contract. on the basis% f LOWEST AND. BEST OFFER;iri accordance with -the. laws of the State -of Texas,; to waive any foi-i iality-or irregularity; to make awards to more .than -one offeror; to reject any,or -all bids: The ourity reserves.the. rig fd accept or: reject in part or in whole; -any. IQs submitted,, and to waive any techncalites;'for`the best interest ofthe County. BIDDERS RESPONSIBILITY It is -the. bidder's. sole responsibility to print and review all pages of'the bid document, attachinerits; questions and responses, addenda;-and_special •notices. The .Certification. of..Bid Folin 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 siibmissiorl of :all required ,forms, .'including but not. limited io the Reference Page, House Bill 89- & Debarment Verification form, Questionnaires (when applicable); Addenda (includiiig_revised'forrris), 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 1:295,. Government Code 2252:908. Bidder agrees to provide..Brazos. County the " Cerfificate -of Intereste&Parties",. Form 1295 as required, .pending award, renewal, -amended. or extended contract: V si - hitps;//ethics.state;tx.us/whatsriew/elf. info.` foiti!2. 9S.htm for .more information. In the event .of a: needed ehange.:iri. the specifications sent.:to: the Bidder, it is understood that: all the foregoing terms shall apply-tothe addendum or addenda. CONTRACT' OBLIGATION Brazos County Commissioners,*Court must award the contract and: Brazos County Judge, .or other `person autliorized by :Brazos .County Commissioners Court must sign the.contract before. it becomes: binding qn, Brazos County or the -offerors.. 'Department heads are NOT authorized. t9 sign contracts for Brazos County. Binding contracts shall remain in effect until 'ail products: ;and/or services:.covered by this: purchase have ,been.satisfactorily delivered and accepted. BR.AZOS COUNTY, TEXAS Contract No. CIP 21=504 Page 3 of 12 Pages QUANTITIES The. quantities. specified in this contract are estimates only. Brazos County does. not guarantee to. purchase any minimum quantities or services other than those listed on a.purchase order.. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify -arid hold Brazos: County harinless 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. "- INSPECTIONSTESTING 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. riiet ,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 sof. the goods at the point- or points of delivery. .ADDITION/MODIFICATION OF LOCATIONS OR SERVICES .Brazos County reserves the right tor 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 costs in providing. the services anticipated.'by this contract such change: may be treated as-a.new-facility .and the�procedutd§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.. .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 locafibns ;is terminated: All remaining portions 'of the contract will remain intact. Brazos County will endeavor to gide 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 i'teihized. Any invoice, which cannot be verified by the -contract price and/or is otherwise incorrect, shall be. corrected by -the. contractor.. Brazos County -will only be required to. `pay for materials actually -received .and/or services actually provided.. Brazos tourity shall not be required to pay, for materials or services described in the vol. _X�2_ F'g.�- -- BRAZOS COUNTY, TEXAS Contract No. CIP 21-504 . Page 4 of 12 Pages contract that are not used. or provided by the contractor in completion of the- .contract.. This- term supersedes any. contradicting teams 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 -allpayments.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 iesult in a delay in payment and/or'back-up. wiithholding:as required by the Internal Revenue Service. Retainage of 5% will be withheld from each invoice for .the duration of the contract until the County accepts the work as 100%. complete and sfeceives ala warranties,1nanuals; releases of .lien and other closeout documents. Upon acceptance by the County, retainage will be released -to the contractor. PRICING Prices for all goods -and/or services shall be firm .for•'the duration. o.t, i 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 b'e' prepaid by. -the. contractor and: included In the bid prices. If there are any additional charges of any1ind, 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 -takes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 15.1.309, as amended.. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to. Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict of interpretation .of any part of this overall contract, Brazos County's interpretation shall govern.- in the event -of a conflict between the terms,, conditions, provisions,, and specifications of this contract -and any other terms, conditions, provisions, and- specificatioris provided by the contractor; the terms of this contract shall supersede. GOVERNING-LA:W'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 fiilly 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 �0 Vol. L Pg Contract No. CIP 21-504 BRAZOS COUNTY, TEXAS Page 5 of 12 Pages 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 -Off ciaf's family members during, the.-pr..eceding twelve (1.2) month period. The•.disclosure- questionnaire must be filed with the Brazos County CIerk. Refer to Texas Local Govftment 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 1'ie exclusively in Brazos County, Texas, notwithstanding anything to the..contrary. COMPLIANCEVITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and .directions ofinspectors appointed by proper authorities having jurisdiction, The Contractor shall perform and require all subcontractors to- perform the work in accordance with applicable lawsl 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. appliedble state and federal laws, municipal ordinances, and guidelines concerning -.soil erosion and. sediment control throughout the Project and warranty term. DISQUALIFICATI.ON OF OFFEROR Upon signing this contract, an offeror offering to sell -supplies, materials,. services, or equipment. to Brazos County certifies that. the offeror has -not violated the. antitrust laws of this: state codif ed 'in Texas Business and Commerce Code §15.01, et seq., as amended, or the .federal antitrust laws,'and. has. riot 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 bexejected 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 specif cations ,shall 'be. held invalid, such 'Bolding 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 speeifrcations. shall 'be made ori 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 iterris.and shall. be, an. established supplier of the:item bid. voe. Contract No. CIP 21-504. BRAZOS'COUNTY, TEXAS 'Page 6 of.42 Pages TERMINATION Brazos County reserves the right: to terrrnate-the contract for default.if offeror -breaches any of the.terms therein, including warranties of offeror or if the. offeror becomes insolvent or commits acts of bankruptcy. Such right of tenidnation. 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- Countys satisfaction and/or to meet. !all. other obligations and requirements. Brazos. County may terminate -the contract without. cause upon. thirty (3Q) days written. notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE - 'CONTRACTOW& 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.' #o'be. acceptable to Brazos County) licensed -to write insuianee in• the.%ate of Texas; showing that the contractor .is, covered. by the-Insuraince as follows: (1) Statutory Workers C;ompensatiori Insurance witn "mpioyers Liaoiii X xusurauA;V.ui eu- QljwL"1L.Vl $1,000,000. In. the event •any' work is sublet, the contractor shall .require• .the subcontractor. similarly to provide :the: same. coverage and :shall himself'acquire evidence of. such :coverage on behalf of -the subcontractor. Vaiver-of subrogation is required. (TLC Sec. 401.0:1:1) (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. Noclaims madepolicies will be� acceptable without (3) Automobile Public Liability Insurance with, a $;1;0.0.0,Q00 Combined: Single Limit, in all self- propelled: vehicles used in connection,*ith,the contract,. wl ether-owned,.ton-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 untif 'at least 30 days.,prior written notice..has, been given to. Brazos County; LIMITATIONS: The parties- are -aware'that there are. constitutional, and statutory. limitations :on. the authority. of .Brazos County to. enter into .certain tdhng •and" conditions of the contract, including; but. inot limited to, authorizations of the placement. 'of .liens .on. Brazos County property, disclaimers: and- limitations of warranties.; dsclaimrs'and. Timifations, of liability for damages;, waivers,. disclaimers .and: limitations of logal rights, reinedies,. 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 eonfideritiality (collectively, the Vol. 3�__ Cont,fkdt No..CIP,21-504 'BRAZOSWUNTY, TEXAS. page 1 of 12; Pages gLimitations" ). Any -contraotterms and conditions related :to the Limitations will not b0binding on Brazos County except to the extent vauthorized by the laws and Constitution ofthe.State of Texas. CovhRAGESMAOES Nothing in this contract shall be construed as making a Brazos. Courity responsible for the "payment' f pefit 0 porappr1satioP and/or any .benefits for contractor including health, zprope'*.,- motor vehicle, Work(W- p -com' ensation, disability, death, and di:smdmbefm6ftt insurance. for. -the -contractor's employees and/or, equipment.. Nothing in the -contract shall be construed 'as making Brazos C.oupty%yesponsible:-for. wages., Indt6ffals, logistical support, ...ft, equipmqnt'-and zphkti��d travel -expenses incurred by -the contractor. SOVEREIGN IMMUNITY The. parties understand that. Brazos County 'does not. waive or:i6linqvish any immunity or :defense on. behalf of itself, officers, employees; 496fit's, and V6lunt eeMas airesolt ofits -execution of this contract,- , -.and the perfdfrnaftpe of the covenants contained. herein. Further, -Brazos County isnotresponsible. for -from any act or omission -made within course :and sico'pe of, this any civil 1146ility that arses -from contract: Thee parties understand and -agree that Brazos -County does not assume civil liability under An.y1hpory'Qf law for the actions of the contractor- in -providing services Hereunder.. NOTICES . O-TICES in 6 h Notices shall be mailed to the addtes§.es'aetl'gnat6d.hete'n:or':a-s' r'n N'd sip4ted writing by a. .0 parties from time to time. and. shill bedeemed received when pot postage prepaid U*3 Mail to the .following addfossd§.: BRAZOS-COUNTY: . Brazos CbUnty, Texas.' Dxikne Peters., Brazos CountyJudge ,100 -South- T . exas-.AypAqe,.Sqfte332 Bryan, Texas. 77803' CONTRACTOR-.- Saleg'Contract Name: Pkone'Nuniber.: Billing.'Wo".i.. c)'-7 c) -111 - 3 5�S a -,Z _._ FISCAL "DING CLAUSE Notwithstanding any provisions. contained herein,. the obligations Brazos County :are:. expressly - ,contingent upon the -availability-availability d funding for the obligations. contained herein for the: term of the. .6britfaej and Ah,y extensions andrenewa)s thereto.. l 3� - pg. Vol. Contract -No.. CIP 21=504 BRAZOS COUNTY, TEXAS Page 8 of-12.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 term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire -and :integrated ;agreement .*between Brazos..County and the contractor and supersedes all prion negotiations, .representations; or contracts, either written or oral. This contract: may only -be amended bywritten 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 -byy Brazos County;- it duly- authorized representatives,. the State of Texas -(ncludiing; but not limited to: the Auditor of the State of Texas,•Inspector General or duly appointed, law enforcement -off vials) and agencies of the: United States Government. Such records shall: be returned 'by.- contractor and made 'available for any. fimeperiod .requiied 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 regardingretention of: records, the contractor shall retairi such records .until the. audit. ;is concluded and all 'issues resolved. Contractor shall provide Brazos County- with copies of such .audits that ba conducted with respect, to .the -contract. The'requiremetits of Subchapter J; .Chapter 552,-Government.Code; may apply to this contract and the contractor or vendor agrees that: the :contract. can be. terriunated if the .contractor or vendor knowingly or intentionally fails to comply with. a requireriieiit of that. subchapter.. This provision is; mandatory- and: may not be altered or deleted,. as required by .Sec. 55ZJ72(4) of the Texas Government Code. AUDIT R19SPONSIBILTY The contractor shall. be: responsible:for receiving, replying'to at.WQrr corriplying`w th any audit exception by appropriate federal, .state or local audit -directly related to the provision of this contract: T..le .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`pa d urid'er 'this contraot:itevfdence`ex"ist's of less. than4@1 compliance with,tlus contract:. INDEMNIFICATION The contractor shall -defend, indemnify and save harthless Brazo ' County aril all.:its, officers, agents; and :employees 'froit -all. suits; -actions, or :claims of'any .character; name and' description. including -.attorneys: .fees :expense's. brought for or on. account' of any in}uries. 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"unaccepfable materials .in construction of the -work,. or by or on account of any act of omission, the Worker C.ompensat oin Law -or.. zany- other law,. ordinance,, order.or decree, and so much of the money due the said. contractor°under and.by-virtue-of his BRAZ68 COUNTY;TEXAS Contract No.. CIP 211-604 Page 9' -of -12 Pages p6ntfact. as,., shall be considered. necessary. by Brazos Count retained . r-- . . y. may- be retail d for the use. of Biaiz6g, County; or in case no, rnoney -is due, his surefies-- shall be held- until'. suit or 8dt$, a0tion; or aodons, claim. o claims for -in" satisfactory -eVidence to :that. r c. jury. or- darnages.as.- aforesaid shall have been settled an effect fumishdd.Brazog County. Cbntrddtbr shall defend, indothnify 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 errivl6ybes: Pg Vol. BRAZOSCOUNTY,TEXAS Contract No. CIP-21-504 Page 10 of 12 Pages BRAZOS COUNTY SHALL REFUSE TO ENTER INTO A CONTRACT OR OTHER TRANSACTION WITH A- PERSON WHO OWES A DEBT TO THE COUNTY PER "V.T.C,A LOCAL GOVERNMENT CODE §262.0276. a. This refusal to award a. contract. to or .enter into a transaction with a person, pertains. to an apparent low bidder- or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation,. nonprofit coiporation,. partnership, joint venture,, limited liability company, and any other entity that. proposes or otherwise seeks to -enter .into a contract or other transaction with the County- requiring approval by the Commissioner's Court; C. "Debt' shall include delinquent taxes; fines, fees;, or delinquencies arising from written agreements with the"County— d. Prior to award of a. contract. by the Commissioners' Court;. the .Purchasing Department will request a statement of account from the Brazos County Tax :Office.. e. Any "debt" as defined above, that is reflected -on. the statement. of account,. will be documented and placed in the bid file: The bid .or. proposal. from the person -with the debt shall be considered "non-iesponsive" and ."riot resppnsible' eliminating -it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed,, operated or represented by a "person" indebted to the"County. Please list all the names of .the individuals that have ownership; officers, managers,, and board .of directors thot'you have associated with your entity below. Name Title (Owner, Officer, Director, Manager; 6 �1 vol. pg. ^l� Contract No. CIP 21-504 BRAZOS COUNTY, TEXAS Page 11. of 12 Pages HOUSE BILL 89 & DEBARMENTNERIFICATION Brazos County is..federally mandated to adhere to -the. directions ,provided .in the President's Executive Order (EO:) .13.224, 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,,httos://www.sam.gov), which Is inclusive of the. United States Treasury's Office of Foreign Assets • Coritrol (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding. entity and its principals: are eligible to participate hi this. transaction -and .have not been subjected. to suspension, debarment, or similar ineligibility determined by any federal, state -or local governmental entity and that Responden"t;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:7/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', Governrdent Code. Chaptef-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 otherw'i'se taking any action •that is intended to penalize, inflict economic- harm on, or .limit commercial relations. specif cally with Israel, -or with a person or entity doing business :in Israel or in. an Israeli=controll'e'd. territory, but does not include an action made or ordinary business:.purposes;:.and 2. "Company" means a for-proft sole, proprietorship, organization, association, corporation, partnership,. joint. -venture, limited partnership, limited liability- _partnership, or any limited liabil tY 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. 9 1 Company Name: Cr 1 `"y )` J � )-J A),1 O Authorized Company Representative: it �+fi -L� 0' Ar )ti Address: 'Signature: Date: ` "% c7 ^ ooh) Contract.#: .21- 5 a el Contract No. CIP,21-504 BRAZOS COUNTY, TEXAS Page 12 of 12 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 collision 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:. J Title: `d Typed Name: L e& Y-- ffy\_ 'Number":) Company. Name: �l� ��� �� ��' �� s� Phone Email Address: CA n ,9 Moiling Address: - c�`� wi=g S� P.O. Box. or Street Cit . State Zip. Employer Identification Number: 6a C) j 1'il pro d !by miss rs' Court on this day of 2021 by H"oiding the.:position -of i vagi 3� Pg.� _ ,jar •+ 5j r� LI 9:: Everett O'Banion':' Concrete and Masonry Hub Certificate •,� Bryan, Texas f • 979/ 3 77� "09 il PROP05AI �- Ce PROPOSAL NO. wwrv.obconneteancimasonry.co»t , SHEETNO r. WORK TO BE PERFORMED AT: !_ NAME ADDRESS ADDRESS f CITY. STATE , 5- / CITY.STATE -- DATE C ?' ASIS PHONE NO. ARCHITECT We hereby proposetofurnish the materials and pe,^"orm the is r ^ecessary for the completion of. F� l ri Ag2q \� — �1-5s V'J�� ( t1 , C_ - = - .D-'"�G 1G' r�� •t.aa -.i A 'b [:y�:'trl;," ..G®, i.;� -►ir`.ee ' �-ti�C'+ Z _ _ A. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawinas and specifications submitted for above work and comple ed in a substantial workmanlike manner for the sum of: r `-' _ _ Dollars (5 with payments to be as follows. ;LE7 �?�'%`! 1 °� N' ••QQ��Qr a?.'.. SC?:•'S34"IS .q.O.d�y' �.::, ..,:, Respectfully subrri;:ao nd, tri e. y:u;?7 c ter. wr,-ea eraar. a -a .+•, ce:.-me �n e.,:a na•y_ •� met and atme I`e ess.mat_ A% Per P:ote - Th:s proposai may oe withdravrn by us if not accepted within da! ACCEPTANCE 0': PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. SIGNATURE VA��]] I �(fi/ rQ. THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2nd Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos t�J hil7tY,�j CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 15.73 Asbestos Abatement Worker 13.06 Carpenter 15.95 Concrete - Pour and Finish 15.39 Crane Operator 26.40 Driver 14.47 Drywall Installer 16.20 Electrician - Journeyman 25.70 Electrician - Apprentice 20.35 Elevator Mechanic - Journeyman 55.83 Elevator Mechanic - Apprentice 48.10 Fire Protection - Controls 17.72 Fire Protection - Pipefitter 20.61 Formwork Builder 14.58 Glazier 17.69 HVAC - Journeyman 25.09 HVAC - Apprentice 15.81 HVAC - Controls 21.80 Insulator 16.01 Ironworker . 17.42 Laborer/Helper 12.73 Mason 19.13 Equipment Operator - Light 14.97 Equipment Operator - Heavy 16.76 Painter 13.18 Pipefitter - Journeyman 32.50 Pipefitter - Apprentice 19.35 Plasterer 15.51 Plumber - Journeyman 30.74 Plumber - Apprentice 20.32 Reinforcing Steel Worker 15.78 Roofer 19.94 Stone Mason 18.12 Terrazzo Installer 13.08 Tile Setter 15.73 Waterproofer 14.91 Note: Listed minimum prevailing wage rate is the base hourly wage rate including fringes. bol. 330 pg. -_ AGREEMENT FOR MUMFORD ROAD RECONSTRUCTION RFP # CIP 21-613 BRAZOS COUNTY, TEXAS Agreement for Constntction— Mumford Road Reconstruction RPP CIP 2"13 Page 1 Vol. 330 P9. -�q 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— Mumford Road Reconstruction RFP CIP 21-613 Page 2 vol. 330 Pg. AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the MUMFORD ROAD RECONSTRUCTION, Brazos County, Texas, in the amount of ONE MILLION NINE HUNDRED THIRTY FOUR THOUSAND, THREE HUNDRED FOUR DOLLARS ($1,934,304.00) is entered into this 30 day of July 2019 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and.KNIFE RIVER., (hereinafter referred to as "Contractor"). The 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 21-613 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— Mumford Road Rccons(ruclion RFP CIP 21-613 Page 3 Vol. 3N pg.� materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the rehabilitation of the MUMFORD- ROAD RECONSTRUCTION in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the rehabilitation of a portion of Mumford 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—Mumford Road Reconstruction RFP C1P 21-613 Page 4 E : _J- jPgl! .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not—In—Contract ( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement.. Agreement for Construction— Mumford Road Reconstnution RFP CIP 21-613 Page 5 FV0, OPg. .18 Agreement/Contract: AgreemenfilContract 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. .28 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—Mumford Road Reconstruction RFP CIP 21-613 Page 6 Vol. 3 Pg. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.6 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications 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 — Mumford Road Reconstruction RFP CIP 2I -6I3 Page 7 Voc pg. specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.6 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. 1.6.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner — Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub—subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. Agreement for Construction— Mumford Road Reconstruction.RFI CIP$i Page S Vol. Pg' 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE 1N 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 versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic. means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 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—Mumford Road Reconstruction RFP CIP 21-6133 Page 9 vol.3M0Pg. B 1 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 and belief. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part Agreement for Construction —Mumford Road Reconstruction RFP CIP 21-613 Q Page 10 Vol. J ,/ Pg. 0 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 or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner -Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 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 3.1 GENERAL 3.1.1 The Contractorls, 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 Agreement for Construction— Mumford Road Reconstruction RFP C1P 21-613 Page 11 Vol. ~pg. g� "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 shalt carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely Request For Information (RFI) in such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the .Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided In the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7, if the Contractor falls to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Agrcement for Construction— Mumford Road Reconstruction RFP C[P 21-613 Page 12 Vol.. J�k Pg. t Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and 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 Lavout/arades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and Agreement for Construction — Mumford Road Reconstruction RFP CIP 21-613 Page 13 Vol. pg. whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with. the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer, shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by- Engineer. Notice must be specific and transmitted in letter form. if required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition, together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty, work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub --let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be Agreement for Construction— Mumford Road Reconstruction RFP CEP 21-613 Page 14 Vol. �� Pg. - 12 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 Contractorwhich may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub -subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements Agreement for Construction— Mumford Road Reconstruction RFP CIP 2I.6I3 Page 15 voi. �30Pg. 613 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted. accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the Agreement for Construction— Mumford Road Reconstruction RFP C1P 21.613 Page 16 vol. 330 Pg. g`'� 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 Contractor fails to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent Agreement For Construction — Mumford Road Reconstruction RFP C1P 21-613 Page 17 vol. 33c) Pg. OL schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.6 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. 3.12.6 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and- approved by the Contractor may be returned by the Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Engineer that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) Agreement for Construction— Mumford Road Reconstruction RFP CIP 21-613 Page 18 vol. 22� gig. checked and coordinated the Information .contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The.Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals, In absence of such written notice the Engineer's approval of a re -submission shall not apply to such revisions. 3.12.10 . - The Contractor shall not be required to provide professional services which constitute the practice of Engineer or -engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer'will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared bysuch professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must -satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of.checking for conformance with Agreement for Construction — Muniford Road Reconstruction RNP C1P 21-613 Page 19 V01.35,G) l,lG) Pg. information given and the design concepi expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the- Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The -Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full- responsibility for protection and safekeeping of materials stored on premises. 3. 13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. Agreement for Construction — Mumford Road Reconstruction RTP Ci Page 20 �o►. 55 C-) pg. — 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.18.9 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH. (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB -CONTRACTORS, SUB -SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF 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 1S RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST Agreement for Construction— Mum(brd Road Reconstruction RFP CIP 21-613 Page 21 Vol. Pg. �— CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity Indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub -Sub -contractor, anyone directly or indirectly employed, by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure. to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient.data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all. corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the .Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. Agreement for Construction — Mumford Road Reconstruction RPP CII' 21-613 Page 22 Fvol-_]-�O:- Pg- --__— 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 105: Contractor attains Substantial Completion Day 135: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals Agreement for Construction— Mumford Ru W Reconsfruction RFP CjUj_-6j3_.._ _ Page 23 vol. 3 0 Pg. c� appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems -necessary, (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents orfailure to complete Work on schedule. The Engineerwill not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents.. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made Agreement for Construction — Mumford Road Reconstruction RFP CIP 21-613 Page 24 Vol. Pg. ,� 2 necessary by such failure, including those of. repeated procedures shall be 'at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate.action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept. expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or -in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution,, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. Agreement for Construction— Mumford Road Reconstruction RFP CIP 21-613 Page 25 Vol. Pg. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non-critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated. and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Agreement for Construction—Mumford Road Reconstruction RFP CIP 21-613 Page 26 vol. 330 Pg. I o4 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 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. Agreement far Constructimi— Mumford Road Reconstruction RFP CIP 21-613 Page 27 Vol. S30 Pg. ta5 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.3.13 Owner will only be required.to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described 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 Agreement for Construction—Mumford Road Reconstruction RFP CIP 2I_ti13 Page 28 Vol. low g' 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 may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. Agreement for Construction— Mumford Road Recoct' F I�� Page 29 2 Vol. J Pg. ��� ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor. to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer. has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor Agrcoment far Construction— Mumford Road Reconstruction RFP CIP 21-613 Page 30 Vol. 950 Pg._ for any portion of the work shad 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 information on status of its accounts, upon demand by Owner. Agreement for Construction— Mumford Road Reconstruction RFP CIP 21-613 Page 31 FVol. G pg. 7W� L ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Projector other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities Agreement fdr Construction— Mumford Road Reconstruction RFP CIP 21.653 Page 32 vol. 330 Pg. 1 or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order fora minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and 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 .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. Agreement for Construction — Mumford Road Reconstruction RFP CIP 21-613 Page 33 voi.330 Pg. 111 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 inAhe 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, 7.3.6 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment Insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and- field office personnel directly Agreement for Construction — Mumford Road Reconstruction RFP CIP 21-613 Page 34 Vol. 30 pg. 112 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 and five (105) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Agreement for Construction— Mumford Road Reconstruction RfP CIP 21-613 Page 35 Vol. no Pg. l ��_ 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; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, Agreement for Construction -- Mumford Road Reconstruction RrP CIP 21-613 Page 36 vol. )J !'9 i 1 .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. . Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the,Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 if at,least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction Agreement for Construction— Mumford Road Reconstruction REP CIP 21-613 __ _ Page 37 or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9. PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 'The Contract Sum is ONE MILLION NINE HUNDRED THIRTY FOUR THOUSAND, THREE HUNDRED AND FOUR DOLLARS ($1,934,304.00) 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 satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Agreement for Construction— Mumford Road Reconstruction RFP CIP 21.613 Page 38 Vol. 33o Pg.l 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 Engineers opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will .notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or Agreement for Construction — Mumford tion``, --RFP CIP 21-613 Page 39 Vol. V P 9 • _!_t. _1_.I subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved. Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for -Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in bwner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub -contractor any due amounts in accordance with Texas Law, The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub -contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub -contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to Agreement for Construction — Mumford Road Reconstruction RFP CW 21.613 I ' Page 40 contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when ,the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Agreement for Construction — Mumford Road Reconstruction RFP Cl Page 41 18— Vol. Pg' Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the .Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the' Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, .retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work. to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Agreement for Construction— Mumford Road Reconstruction RFP C1P 21-613 Page 42 F . 3 30 g - -- Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract.amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of. the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver.required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining -balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be Agreement for Construction— Mumford Road Reconstruction RPP CIP 21-613 Page 43 VC>l. 3 pg. ��.— paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10AThe making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non -conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 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. 10.2.2The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. Agreement for Construction— Mumford RoaLV01= nstrucflunRFP CIP21-613 Page 44 Road �® 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 connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on Agreement for Construction — Mumford Road Reconstruction RFP CiP 2I-613 _ Page 45 Vol. 33o pg• �—�— 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 Contractors performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing, with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. Agreement for Construction— Mumford Road Ina REP CIP 21-613 Page 46 Vol. Pg. 2 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present,.to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered. harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents Agreement for Construction— Mumford Road Reconstruction RFP CII' 21-6I3 Page 47 Vol. 33o Pg. �- ✓ arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. .In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by .usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense.directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or properly damage,arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; _ .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability. Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. Agreement for Construction— Munford Road Reconstruction RFP CIP 21-613 - .— '-I Page 48 Vol. Pg. .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' Protecfive: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence Agreement for Construction— Mumford Road Reconstruction RFP C1P 21-613 Page 49 Vol. 33� pg. 12 1 $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the:. (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $10,000 on any one person. (d) --Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non -owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be 'submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self-insured for any and all insurance of any kind, type, or nature required by the Contract Documents. Agreement for Construction — Mumford Road Reconstruction RFF CIP 21-613 Page 50 Vol. 35o Pg. I 1 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. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond" and Agreement for Construction — Mumford Road Reconstruction RFP CIP 21-613 Page 51 Vol.23-Q—Pg• 121 a " Payment Bond," each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.6 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 the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION Agreement for Construction— Mumford Road Reconstruction RFP CIE' 21-613 Page 52 Vol. 3317 Pg. 1317 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 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. Agreement for Construction -- Mumford Road Reconstruction RFP CIP 21-613 Page 53 vol. 33 Pg. 3� 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 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 Agreement for Construction — Muritford Road Reconstruction 2 Page 54 !Vol. ° 1 0 Pg• equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly Agreement for Construction— Mumford Road Reconstruction RFP CIP 21A13, Page 55 Vol. cJ tXJ Pg. �..L_ 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 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 Agreement for Construction— Mumford Road Reconstruction RFP CIP 21.613 Page 56 Vol. 3 Pg. 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 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 Agreement for Construction— Mumford Road Reconstruction RFP CIP 21-613 Page 57 E � Pg. E�_ 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 .2 that an equitable adjustment is made or denied under another provision of the Contract. Agreement for Construction — Mtunford [toad Reconstruction RFP CIP 21-613 Page 58 Vol.� c� Pg. �— 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 specified items. Agreement for Canstruction— Mumford Road Rcconstruction RFP CIP 21.613 Page 59 Vol.350 -- Pg. 1 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. Agreement for Construction — Mumford Road Reconstruction RFP CIP 21-613 Page 60 Vol. �_ pg. 12? 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 , 2020, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one, (1,) is to be delivered to the Contractor, one (1) to the Engineer for use In the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR; KNIFE RIVER, INC. Knife River Date: 3 / -Iksh�-] - Date: — Aua:mcnl lir Cunsbitctia{s �nmGe,} }tavj ft►�:un:L-uctictz RiP CtP s�-n� �1 Vol. 5D Pg. l� Page Gi COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT FOR PROFESSIONAL SERVICES MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(4) The referenced Agreement between Brazos County and TreanorHL for the provision of architect services described in the referenced Agreement constitutes a contract. The Brazos County Commissioners Court finds that this. is a contract for professional services and is exempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local Government Code §262.024(a)(4) and is to be entered into the Commissioners Court minutes. APPROVED (DISAPPROVED () 2 j B . _COMMI OURT ON i� / 1�D 2,I (DATE) %%. "-ftft . Duane Peters, County Judge Vol. 'v30 Pg. H-0 AGREEMENT BETWEEN COUNTY AND TREANOR HL ARCHITECTS THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the day of o"r , 2021, Between the COUNTY: and the ARCHITECT BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 Treanor HL 1700 Pacific Ave. Suite 2630 Dallas, TX 75201 for the following PROJECT: ' . Brazos County Courthouse Security Renovations; The attached proposal includes design, construction documentation, bidding, and construction administration. We have included structural engineering, M/E/P engineering and civil engineering. The reimbursable expenses are invoiced at net costs per the County's travel policy. The COUNTY and ARCHITECT agree as set forth below. ARTICLE I ARCHITECT RESPONSIBILITY 1.1 ARCHITECT'S SERVICE 1.1.1 The ARCHITECT'S services consist of those services performed by the ARCHITECT, ARCHITECT'S employees and the ARCHITECT'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1. 1.2 The ARCHITECT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ARCHITECT shall submit for the COUNTY'S approval a schedule for the performance of the ARCHITECT'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Agreement Between County and ARCHITEC Page 1 of COUNTY shall not, except for reasonable cause, be exceeded by the ARCHITECT or the COUNTY. ARTICLE II SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ARCHITECT'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY TREANOR HL, TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3. 1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ARCHITECT shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ARCHITECT shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render Agreement Between County and ARCHITECT - p ^ Page 2 of 9 vol. 0 pg. 6...111 --'Cly decisions in a timely manner pertaining to documents submitted by the ARCHITECT in order to avoid unreasonable delay in the orderly and sequential progress of the ARCHITECT'S service. 4.4 The COUNTY shall give prompt written notice to the ARCHITECT if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ARCHITECT, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ARCHITECT. 4.6 The proposed language of certificates or certifications requested of the ARCHITECT or the ARCHITECT'S consultants shall be submitted to the ARCHITECT for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ARCHITECT. ARTICLE V PROJECT COST 5.1 DEFINITION 5.1.1 The Project Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ARCHITECT. 5.1.2 The Project Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ARCHITECT, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Project Cost does not include the compensation of the ARCHITECT and the ARCHITECT'S consultants, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR PROJECT COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Project Cost and detailed estimates of Project Cost, if any, prepared by the ARCHITECT, represent the ARCHITECT'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ARCHITECT nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the ARCHITECT cannot and does not warrant or represent that bids or negotiated prices will not vary from the Agreement Between County and ARCHITECT ` �� Page 3 of 9 Vol: _ � � � Pg."[J COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ARCHITECT. . ARTICLE VI USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ARCHITECT with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever. occurs first. The ARCHITECT may retain one set of reproducible copies of the documents and these copies shall be for the ARCHITECT'S sole use in preparation of studies or reports for the COUNTY. The ARCHITECT is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ARCHITECT pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ARCHITECT for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ARCHITECT. Any such verification or adaptation will entitle the ARCHITECT to further compensation at rates to be agreed upon by the COUNTY and the ARCHITECT. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ARCHITECT'S reserved rights. ARTICLE VII : TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ARCHITECT shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ARCHITECT in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ARCHITECT may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ARCHITECT may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. Agreement Between County and ARCHITECT Page 4 of 9 FVO. C7 Pg --LL9- I 7.5 Failure of the COUNTY to make payments to the ARCHITECT in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the ARCHITECT for services and expenses, the ARCHITECT may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ARCHITECT receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ARCHITECT shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ARCHITECT, the ARCHITECT shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ARCHITECT, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ARCHITECT shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ARCHITECT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ARCHITECT. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ARCHITECT. 8.6 ' Unless otherwise provided for in this Agreement, the ARCHITECT and the ARCHITECT'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 8.7 The ARCHITECT shall have the right to include representations of the design of the Project, including photographs, among the ARCHITECT'S promotional professional materials. The ARCHITECT'S materials shall not include the COUNTY'S confidential or proprietary Agreement Between County and ARCHITECT Vol. J22� D Pg. � � Page 5 of 9 �5 information, if the COUNTY has previously advised the ARCHITECT in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ARCHITECT agrees to perform the work hereunder in accordance with generally accepted standards. applicable thereto, and shall use that degree of care and skill commensurate with the surveying profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ARCHITECT'S performance. 8.9 INDEMNIFICATION: ARCHITECT shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ARCHITECT, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ARCHITECT, or of any person employed by the ARCHITECT. The ARCHITECT shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ARCHITECT, its agents or employees. 8.10 LIQUIDATED DAMAGES: Intentionally left blank ARTICLE IX PAYMENTS TO THE ARCHITECT 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9. 1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be -in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ARCHITECT'S statement of services rendered or expenses incurred, payment on account of the ARCHITECT'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ARCHITECT'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ARCHITECT has been found to be liable. 9.4 ARCHITECT'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION Agreement Between County and ARCHITECT Page 6 of 9 FV01. 3 � Pg. _� 9.5.1 Prior to the execution of this Agreement, the ARCHITECT has been advised by the COUNTY and the ARCHITECT fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ARCHITECT may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ARCHITECT hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ARCHITECT from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ARCHITECT, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ARCHITECT, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ARCHITECT'S invoice as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such invoice shall not be considered to be evidence of performance by the ARCHITECT to the point indicated by such invoice or of receipt or acceptance by the COUNTY of the work covered by such invoice. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE Agreement Between County and ARCHITECT Page 7 of 9 va. 330 pg. �� 11.1.1 The ARCHITECT shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ARCHITECT shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The ARCHITECT shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ARCHITECT shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ARCHITECT has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ARCHITECT's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1 The ARCHITECT shall begin work immediately upon receipt of the Notice -to -Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ARCHITECT. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the ARCHITECT'S services. Delays beyond the control of the ARCHITECT may be cause for extension of this period of service, in which case the ARCHITECT shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ARCHITECT'S services shall be adjusted equitably. Agreement Between County and ARCHITECT Page 8 of This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS COUNTY, TEXAS Q =J& � - Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: %X2� County Clerk Form: Assistant County ARCHITECT FIRM by:V , dr Principal Agreement Between County and ARCHITECT Page 9 of 9 va. 33-Q I � TREANORHL February 15, 2021 Wm. Charles Wendt Purchasing Agent Brazos County, Texas 200 S. Texas Ave, Ste. 352 Bryan, TX 77803 Re: Brazos County Courthouse Renovation of public entry and site improvements REVISED Proposal Charles, Per your request we are providing a proposal for design services to renovate the public entry to improve the security and operations at the Brazos County, Texas Courthouse. We have removed the scope to provide any changes to the staff parking lot. Based upon our understanding of the scope.security upgrades are required at the public entry to provide a safe and secure operation for staff and the public. The scope will include relocating the existing security staff workstation, provide physical and electronic security upgrades and upgrades to the public exit corridor. This proposal includes design,, construction documentation, bidding, and construction administration. We have included structural engineering, M/E/P engineering and civil engineering. The reimbursable expenses are invoiced at net costs per the County's travel policy. We would propose the following fee and schedule for the above-described services: Design / Construction Documents: $ 41,750.00 Bidding / Construction Administration: $ 22,000.00 TOTAL FEE: $ 63,750.00 Please let us know if you should have any questions concerning this proposal. We would welcome the opportunity to discuss this further with yourself and other staff if desired. Sincerely, Andy Pitts AIA, OAA, LEED AP bd+c PRINCIPAL TREANORHL apitts@treanorhl.com o 785.842.4858 d 816.581.4030 c 785:766.5191 traannrhl rnm BRAZOS COUNTY, TEXAS VENDOR TRAVEL POLICY AND PROCEDURES POLICY AND PROCEDURES FOR VENDOR TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS A. GENERAL DEFINITIONS 1. Accountable Plan - a plan under which a vendor is reimbursed for expenses or receives an allowance to cover expenses. The following four conditions must be satisfied: a. There must be a Brazos County business purpose for the expenses, b. The vendor must- clearly state and properly support that there was a business purpose for the expense, C. The vendor must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses, and, d. The vendor is required to return 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. Official County Business - a business function performed for Brazos County due to a contractual obligation. 5. Duty Station - the primary place of employment. 6. Travel Expenses - transportation (airline fares, personal auto, public transportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling while working on County business. 7. Incidental Expense - a necessary and reasonable expense incurred by a County vendor while traveling on official County business. This does not include transportation, meals, lodging, tips, gratuities, alcoholic beverages, laundry, or in -room video rental. 8.. Mileage - the distance from a duty station 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. 9. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal or company automobile while on County business. F:\ Policies and Procedures\Policies\Travel\Exhibit B - Vendor Travel P(olicyl2/4/12 BRAZOS COUNTY, TEXAS VENDOR TRAVEL POLICY AND PROCEDURES 10. Meal Expense — limited to $36.00 a day for meals, if a vendor is away from their duty station overnight. 11. Vendor — person or entity that is not an employee of Brazos County. Includes all persons performing work for a contract with Brazos County whether as a sole proprietor or an employee of a corporation. B. General PoIicy Statement All reasonable and necessary travel by a vendor for which a contract budget has been established, and for which the travel is required in order for the vendor to conduct County business is authorized. All County reimbursed travel must be for official County business only. It is the responsibility of the vendor to see that all travel expense forms are properly completed, documented, signed and forwarded to the County Auditor's office within thirty (30) calendar days of the travel return date or by the next monthly billing date. C. Meals Meal reimbursement will be made when the vendor is required to travel away from their primary duty station to perform a contractual obligation for Brazos County. The reimbursement will be based on the detailed, itemized receipt, up to the maximum per meal as listed below. Summary credit card receipts or statements are not acceptable and will not suffice as proper documentation and will not be eligible for reimbursement by the County. 1. Meals will be reimbursed at the amounts listed, taxes included: Breakfast $ 8.00 Lunch $ 10.00 Dinner $ 18.00 2. The County will not reimburse a vendor for more than $36.00 per day for meals. Meal reimbursement will not be provided to a vendor who is less than seventy five (75) miles away from their duty station unless the vendor is away overnight. D. Mileage The County will reimburse a vendor for mileage only for appropriate County business. Mileage reimbursement will be made based on the duty station address to specific destination address as documented by using an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com, at the existing reimbursement rate set by Commissioners' Court. - This rate is $.54 per mile for calendar year 2016. F:\ Policies and Procedures\Policies\Travel\Exhibit B - Vendor Tr2/el PolicyI2/4/12 V nl - 1�3v P11C) - 15"?- BRAZOS COUNTY, TEXAS VENDOR TRAVEL POLICY AND PROCEDURES E. Lodging The County will reimburse the vendor 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 to fulfill a contractual obligation for Brazos County, 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 vendor 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: http://www.esa.gov/portal/cateaoiy/100120. *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 vendor chooses to use valet parking the County will only reimburse up to the rate equal to the self parking rate. Vendors 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 vendor at check out. If any of these charges are billed directly to the County by a lodging facility, the vendor will be responsible for remitting reimbursement to the County Treasurer. The County will not pay for room service laundry fees, alcohol, videos or movies, or any other miscellaneous fees. These are the sole responsibility of the vendor. F. AIR FARE and CAR RENTALS All vendors are required to travel by the least expensive mode of travel. The vendor 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 vendor can show good cause for using another mode. When the final destination is over 350 miles air travel should be considered. Car Rentals should only be utilized when required for the vendor 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 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. G. MISCELLANEOUS The vendor 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 vendor'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. F:\ Policies and Procedures\Policies\Travel\Exhibit B - Vendor Tr el PoH 12/4/12 `1 �` . �No �� _ l J3 TimeClock Plus, LLC Expedited Development Agreement Customer #: 108803 TimeClock Plus, LLC Customer Name: Brazos County 1 Time Clock Drive TimeClock Plus Version: V7 San Angelo, TX 76904 Expedited Development: Oracle for Brazos County ARMS Ticket #: 3873 Revision: 1.2 This Expedited Development Agreement ("Agreement") is entered into by and between TimeClock Plus, LLC, a Delaware Limited Liability Company (`TCP"),, and Brazos County, with its principal office located at 300 E26th St, Bryan, Tx 77803 ("Client"), cumulatively, the ("Parties"). TCP owns and licenses TimeClock Plus Services (`TCP Services") directly and through affiliate partnerships and; WHEREAS, Client desires to procure expedited software development from TCP to create a TimeClock Plus supported product enhancement ("Product") for use with a licensed copy of TimeClock Plus and for no other use unless otherwise agreed through written amendment, the Parties enter into this Agreement. TCP reserves all rights and ownership to any work product derived from such expedited development, and grants to Client a non-exclusive license to use such work product under the terms of the then -current Master Licensing Agreement ("Licensing Agreement") which governs Client's license to use TimeClock Plus. No rights to the resulting Product are conveyed to Client other than those provided under the Licensing Agreement. User acknowledges that the primary intent of this Agreement is to prevent miscommunication between the Parties as it relates.to Client's desired outcome, and TCP's clear understanding of the same, and for Client to authorize TCP to perform an expedited service for a fee. TCP reserves the right to reject any request for expedited development on the basis of its standards of conducting business, and in its sole discretion. This Agreement supersedes any previous Expedited Development Agreement of the same scope between the Parties. SCOPE Client requests that TCP expedite the development of specialized functionality for the version of TimeClock Plus denoted herein, thereby processing and outputting particular TimeClock Plus data in a manner which meets the specifications of the Client or other third -party provider. Client understands that requests for functionality which are not disclosed and specifically outlined herein are not considered part of the scope of this Agreement and will require additional development costs. FEES AND PAYMENT All fees and payments are solely to expedite the development of Client requested functionality, and no services rendered under this Agreement shall be considered "works made for hire". Total quoted price must be paid in full before commencement of the Expedited Development cycle. A change order will be issued and additional services provided on a time and materials basis. Client will be invoiced for person -hours actually rendered as part of the additional work effort for all activities related to the product, including preparation time. -travel time (if applicable), quality assurance testing, and all relevant additional development efforts. Additional development efforts include (but are not limited to) additional specifications to Exhibit A or changes to the specifications outlined in Exhibit A. OBLIGATIONS The following outlines the responsibilities of each Party under this Agreement. Page 1 of 7 TimeClock Plus, LLC. Rev. 1.21/16/2020 va. '� P9_ p c TimeClock Plus, LLC Expedited Development Agreement TCP TCP will make reasonable efforts to gather from the Client or a third -party (some Client assistance may be necessary in this case) those specifications required for the development of a Product to meet the needs of Client. Upon receipt of the required specifications, TCP will provide a copy of the specifications obtained to Client for approval and sign -off. A quote for expedited development will be provided to Client at that time. After sign -off and payment arrangements are secured, development will begin. The Expedited Development cycle typically requires 8-16 weeks for delivery to Client for testing. Based upon the terms outlined in the Acceptance section of this Agreement, TCP will correct any deficiencies where the expedited Product does not perform according to the specifications herein. The Product will be designed to integrate with the version of TimeClock Plus denoted herein. Future releases of TimeClock Plus may require additional development costs. Client Client will make reasonable efforts to gather for TCP those specifications required for the development of a Product to the needs of the Client. In the event that development requires specifications from a third -party provider, and TCP's efforts to contact Client's third -party provider to get needed specifications prove difficult, Client must either: a) secure the written specifications required by the third -party provider which are necessary to meet Client's needs and provide same to TCP technical personnel for review, quotation and development, or b) arrange for contact between its third -party provider, the necessary Client's personnel, and TCP technical personnel for purposes of compiling the specifications necessary to meet Client's needs. A quote for development cannot be provided until adequate specifications are obtained. As further outlined herein, Client must perform acceptance testing within 60 days from the date the expedited Product is delivered to Client to ensure that the Product operates according to the specifications. ACCEPTANCE TCP will notify Client of the Product's readiness for delivery and acceptance testing. Client shall conduct the acceptance test to verify operation in accordance with the specifications in Exhibit A within 60 days of receipt of the Product. Acceptance shall be defined as the successful completion of the acceptance test by installing the Product, properly configuring TimeClock Plus, iexecuting the Product and comparing for output equal to that of the specification. TCP's customer support personnel will assist Client during the testing and Acceptance phase via normal customer support methods. Time is of the essence to TCP and to Client in completing any expedited development. Acceptance will occur when Client agrees to such in writing, or if acceptance testing and subsequent reporting of such testing is not performed within 60 days after the date TCP delivered Product to Client. Client understands that Client's failure to perform testing and report the results of such to TCP within the allowed 60 days so that proper functionality can be determined for acceptance will result in additional fees at the then current development hourly rate if further assistance is required to complete the development of the Product. If upon testing, the Product does not conform to the specifications herein, then TCP shall have 30 days to correct the deficiency and the Client shall repeat the test and report the result to TCP. If TCP is ultimately unable to correct the deficiency, TCP will refund to Client the amount paid for such expedited development. If Client fails to complete the acceptance test within the period of time stated herein and provided further that TCP has not unreasonably refused to make any corrections to the software that are necessary in order to successfully complete the acceptance test by matching the specifications set forth in Exhibit A, then this Agreement shall terminate, and all amounts paid to TCP by Client shall be non-refundable, and any outstanding balance still owed TCP by Client for work performed under this Agreement will become due in accordance with the Licensing Agreement. All materials including Product and documentation delivered to Client (and all copies thereof) shall be Page 2 of 7 TimeClock Plus,.LLC. Rev. 1.21/16/2020 vol. 35fl Pg. TimeClock Plus, LLC Expedited Development Agreement returned to TCP and, except as provided herein, the license granted for such expedited development shall terminate, and the rights, obligations and liabilities of each party shall cease. Client acknowledges that TCP cannot be responsible for future modifications, alterations or changes made by third -party providers which may require additional changes or modifications to this expedited Product at additional cost. Client further acknowledges that 60 days is sufficient time to perform testing of the Product's proper functionality. CONFIDENTIALITY Client acknowledges that this Agreement contains valuable confidential information that is proprietary and valuable to TCP. Client will safeguard its access to this information using the same standard of care that Client uses for its own confidential information. TCP agrees to hold Client's processes and specifications confidential and they will not, without the prior written consent of Client, be disclosed or be used for any purposes other than the performance of this Agreement. TCP will safeguard the confidentiality of such information using the same standard of care that TCP uses for its own confidential information. Unless prohibited by law, all pricing terms are confidential, and Client agrees not to disclose them to any third party. AUTHORIZATION I am authorized by my company to release to Data Management Inc. the attached specifications, as Exhibit A, and certify that the requirements specified are complete and exhaustive regarding my needs. I understand that, in the event of my approval of the quote and Exhibit A, this expedited Product will be written to strictly conform to these specifications. Further, I understand that by signing below, I acknowledge that I am directing TCP to begin the development process and that I will be obligated to pay the quoted amount. I certify that I am thorized to ' d m company into this Agreement. IJ�Z� UU ol Authorized Signature Company Name Want Rttrj Printed Name U-0un Title Page 3 of 7 3 /!ko /V Date Vol. MmeClock Plus, LLC. Rev. 1.2 1/16/2020 TimeClock Plus, LLC Expedited Development Agreement EXHIBIT A Specification Form Customer #: 108803 TimeClock Plus, LLC Customer Name: Brazos County 1 Time Clock Drive TimeClock Plus Version: V7 San Angelo, TX 76904 Expedited Development: Oracle for Brazos County ARMS Ticket M 3873 Revision: 1.2 Quote Amount $00.00 Acceptance Test Upon receipt of the Product, and in adherence with the Acceptance section of this Agreement, Client will verify that the Product developed by TCP produces output identical to the specifications as described in the Expedited Development Specifications section of this document. Expedited Development Specifications Summary: New Oracle export format for Brazos County. Detail: Page 4 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 FVol. .O pg. -. Z a � Z ader'RecocdWW- 1 Metadata HardCodetl Y Hardcoddd "Metadata" 2 T'imeRecordGroup HardCoded'" Y Y Hardcoded 1. ... .-... _.. . TirrieRecordGrou " 3, GroupT pe HardCoded Y__ Hardcdded"GroupT pe". esource'f ``pe :HardCoded; .. _ '. ,, s . Y . :` Harticoded:'' _esburce,T e" , "w 5 PersonNumber HardCoded Y 'Hardcoded "P.ersonNumber" = HrdCoded Herdcotled Y- 6AssignmentNumber a "Asci nmentNumber" .: 7,1 TcStartTime Haedcoded Y• Hardcoddd "TcStartTime' HardCoded' : - Y , : <; fHarticodetl;''TcSfopTime`' ; "" HardCoded 'ALP„HANUMERIC Y Hi ((4 00;,MERGE” _`'..Metadata s , , . , Hardcoddd 2 TirneRecordGroup HardCoded ALPHANUMERIC Y . "TimeRecord- . 3 } ._:GroupT"pe _., :HardCoded: :,;Hard."coded,"RP-T =TIME"4 ALPHANUMERIC;:W-Y -ResourceType HardCoded •ALPHANUMERIC - Hardcoded-"PERSON" Page 4 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 FVol. .O pg. -. TimeClock Plus, LLC Expedited Development Agreement Page 5 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 Zper—l—, 7,Export - Code Mp byppi in the export If y EXPOit " -: employee is -being-expo,_ :"5 PersonNumber NUMERIC " Code ,--emp oyeef--2-_-e'mp-l'o_yee' i r being ?,&O6rte�d;.-2, lihes,tot;jl Export Code prefixed with an Export ' "E" - 6 -AssignmentNumber ALPHANUMERIC.Y - CodeExport code of 123 becomes T123" Pay Penod start date from the q JnT ExpbruScreen z ScreenL_�!,Ap !Y V Y Formatted MM/DD%YYYY Pay period Erid.date from the Config - Period Export'Screen 8 TcStopTime ALPHA NUMERIC Y Screen Formatted MM/DD/YYYY HH:MM 0,leader T" K"M �kvl 4NAS A Rb c`i6i" ,-.'3� F.., r eade R 1 Metadata' HardCoded Y Hardcod6d,"Wtad6ta" i�eR'ebo o e Y d H '6 '-d '�,Ti e r ar to e. jrh R GroupType HardCoded Y. Hardcoded-"GroupType" 4 L .0 ar c.. d4d"%s6idrceT T7,1 5 PersonNumber, HardCoded Y ,-Hardcoded,"Pe'r-s'ohNumbee' er, _H6fdCddbd,�: . ..... Hardcoded ghmentNum gh U rn "3 7 TcStartTime Hardcoded _Y Hardcoded "TdStarffirfie"." :6$t6pT rn - H�'OC ed. a JY ""'H ar co. e 9 OrderEntered HardCoded Y. Hardcoded "Order I Entered" 5t. '4 "dC-6 ar !0, 68, --i Y —H T '�Wdd 6d!.$1:60ipv� 11 EndTime HardCoded, Y. Hardc6ded'!StopTime7 Measure -HardCoded;H6fdb6d6 e e 13 TmRecType HardCoded Y Hqrdcoded_"TmRecType" ',Ha;t' r C�d_ d "UnitofMeaSoti§ ,H a d e I Metada;ta HardCbded Y Hardcoded 'WERGE" H a Vd dC Y-1 ar co 0 _,jr�b 7 -3 GroupType HardCoded Y. Hardcoded "RPTID TIME" es H df d d' ? _SQN": 5. PersonNumber Export Y Export Code Code- Export;Code prefixed with an -,A N dimbe-jr-'.", Export rt ssi nment 9 r' C E co becomes vi 3 .......... 'Pay:Period -start date from the. Contig . -Period Export Sdreen 7 TcStartTime Screen y Formatted MM/DD/YYYY HH:MM P- _,i6d`--Ehd-]-_�,d&6-:' Screen A -E- it 'Screen— :- Xp T 7 Page 5 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 TimeClock Plus, LLC Expedited Development Agreement Page 6 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 Vol. Djo- -- Pg -J- 7 - Formatted MM/DD/YYYY H H -MM Sequence in which the entries are created for a specific employee_ /export code. if an employee has 2 records, then 9 OrderEntered Y there will be 2 lines, the first record has OrderedEn.tered as "1" and the second, has OrderEntered as '7?. Start over when reaching another employee 10 im e OUM.-I ClockAri;ti' "Y' D15N Y YH, -..H;MM-'',, 11 EndTime Hours Y Clock Out Time - MM/DDNYYY HH:MM 12 Me. asufe�,�, -7 ..'Hours,-.. -Y' --S6 h e gm" nt r burs" for th:6 ttimL 13 TmRecType HardCoded Y I Hardcoded ."Range' '.14-UnifofMeasure-HardCoded" Y-` Header JR n� 0 "v; I .Heap' e Record Metadata HardCoded Y Hardcoded "Metadata" 2fff eReposit ute. HardG-d-d' . Hardcoded ' iMReposit&yAttribute". 3 GroupType HardCoded Y Hardcoded "GroupType" HardCoded Y Hardcoded 5 PersonNumber HardCoded Y Hardcoded "PersonNumber' TcStaftTime:,.- HardHardcodedY ` -- -Ai ardcoded:,7-pSta"ftT-im&, 7 TcStopTime HardCoded Y Hardcoded 7cStopTime" 8 'd � E 06 er nt&ed HardCoded 'H- 9-. AttributeName HardCoded Y Hardcoded "AftributeName" 10 A ibuteDbtalTy-pe:HardC6d6d- H&dddd&d:TAttridt6p t6Ty 11 AttributeStringValue HardCoded Y. "A Hardcoded ttributeStringValue" " Metada ta— -Ha'606ddd Aar-." '6d6dt�,MERGE!�-` -'d c 2- TimeRepositoryAttribute HardCoded Y Hardcoded "TimeReposit6ryAttribute". HardCOd6d T;. Y -TIME:il., :.Hardcoded-.'!RP.TD-' 4 ResourceType HardCoded Y -Hardcoded "PERSON" Exp°rt :Code ERIC Pay Period start date from the 6 TcStartTime ConfigPeriod Y Export Screen Screen Formatted MM/DDNYYY HH:MM t z, the-., Pcjy,p, -b-hdd'End date.from g erip Exp -: cr enJ 26n . -orma e d k J - H km Page 6 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 Vol. Djo- -- Pg TimeClock Plus, LLC Expedited Development Agreement Page 7 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 -Sequence in which the entries . are created fora specific employee/export code. If an. employee has 2.records, then there will be 2 lines, the first, 8 OrderEntered Y , record has OrderedEntered as ''1" and thesecond has Ord' Entered�as "2". Start over when reaching=another,. -employee - ::;9 uY Hardcided."Pa :At#ributeName __ . ,HarciCoded,; : . ,rollTimeT pe"". 90 -.':: 'AttributeDataType HardCoded . Y , . :.,Hardcoded. "STRING", _ .._ k MastertJob Code level custom , -z field t6�&tdrrnine -Earn Type, Y such as regularhoiirs or '11AttnbuteStA-6 alue z_ MJC 'ALPHANUMERIC rY� Holiday hours, etc Only need, his 'f earn code. -, { level that_all hours (Reg, OT, . µ tetc) wdl c &.i rom TGP isnot k sex ;Overtime ortin Page 7 of 7 TimeClock Plus, LLC. Rev. 1.2 1/16/2020 3/11/2021 DEPARTMENT: Road and Bridge DATE OF COURT MEETING: 3/16/2021 Item Coversheet BWOS COUNTY BRYAN, TEXAS NUMBER: Fa CC 2021 - Utility Permit - Bryan Texas Utilities - Shellbournes Hill - Install electric line crossin ITEM: Consider and take action on the Bryan Texas Utilities permit to construct a overhead electrical line crossing at 5708 Shellboumes Hill. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/11/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit -Bryan Texas Utilities - Utility Permit -Bryan Texas Utilities -Shellboumes Hill - • Shellboumes Hill - Install electric line crossing. Backup Material Install electric line crossing_ gLf A"RO 1��21 Duane Peters Date County Judge vo6..3�O _ pg. I- I APPLICATION FOR ELECTRICAL UTILITY PERMT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.044, comes now BRYAN TEXAS UTILTIES, hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the approval of the location to lay, construct, maintain, repair and/or operate Iines under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE Bored Jacked Cased Aerial SI•IELLBOURNES HILL 60 FT y Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number Froin To Distance The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction/work within 10 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60t1i day, Company will be required to apply for a new permit. Company declares that prior to beginning construction/works it will ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation fiom these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. IVol. pg. APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 3— a� except as noted below: EXCEPTIONS: (Month/DayNear) .��r Brazos County Engineer Vol. 33o pg.-A-�6 r_ m CA D < < D CD Z D Z OZ ZD K m N D N En Z z Z r" O 1 z 00 z ;o J m D W Q O = O r n D n -p D rn m (Q rri J N Q J Z Cn O J �.J N 0 0 1 W t NQTM PCL.E NCRIH RCW NCRiH DITCH UNE NCRN E.O.P C/L OF FU 2038 SOUTH MP SOUTH GM UNE Sam POLE SCUTH ROW Vol, ?JO Pg. NCfl7N ROW -SOUTH ROW BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from, the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements I . Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration ofthe job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3.- Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners.. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Contral Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol, 50 Pg. �P t b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Teras Utilities Cade, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally 1` Phone — 2 to 4 feet, nominally 3' Gas. — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. 33,0 Pg. LAIR— c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan Iisted above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic -control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. EmerPency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. 33 c) Pg. l U-1 shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Re uirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been. determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. J3� Pg. __L� 0 r• �yN NIx•! f O H S Ida �6� tZ$568�QQQQ8$Q ji --��o N Jut n. e`w N6�kkT tF g��3 0.. gill ►.i �� �- ti E V1 cj x $ko.$ Fin E,t9. C w 5 `o - Lt $ o Z Z Q' pp� p P� � � � 6afQ }' ga g piI'p� �.:n3mn^ 6 3v Stxxg o _9 gggab �o o 8 gala-,. $E,5� �~ W z vxi .._ fi g g. t, Ell MINE *' v 1 -a .s .1 .i --._• goo •—_—wl�u�.�o.Tule`---------._•_•_-------- •gym rt dd AG 0 F ■� N MIN.Np 47t -q -xlC wo or 64 d 210 r'xOJ00 •Ulm JMo Je/ let ICA r- .ODI ,DC X.Pon p 7 CII tttl Ja � •uln wu as Jol x •o< J+OIroY: • :jME A MEDA • JtplrotR a �2 a Jt91/1011t JW POWS K pFt1Ou OL Jai s r Y , 1C �wn as Jteo Jo/ xt pE� SF_ --------- = •gym rt dd AG 0 F ■� N MIN.Np 47t -q -xlC wo or 64 d 210 r'xOJ00 •Ulm JMo Je/ let ICA r- .ODI ,DC X.Pon p 7 CII tttl Ja � •uln wu as Jol x •o< J+OIroY: • :jME A MEDA • JtplrotR a �2 a Jt91/1011t JW POWS K pFt1Ou OL Jai s r Y , 1C �wn as Jteo Jo/ xt pE� SF_ tt.l JO WA Os Jet K N Nx _ aI 0 } e tpa DG -ul" JMO— DD11��}7``7..��yXyr �iSYoG LMOA V ' 1031 fHl JO JeJ x � Y � ^� fC pK 4 Jte KNOW. � Jt01 nWi Jt'OIIle4i JtDINe4i r s n 17 Vol. JD Pg. a w Q J O O as N o D O . N C w c I _ LLI Y 3 a aIA _ = U)oa N !iJ C V L) c V ~ Q > to V Y M 0 } 11+ �wn as Jteo Jo/ xt pE� SF_ tt.l JO WA Os Jet K bX 1O2$ _ aI o } e DD11��}7``7..��yXyr �iSYoG Q 4 r s n 17 Vol. JD Pg. a w Q J O O as N o D O . N C w c I _ LLI Y 3 a aIA _ = U)oa N !iJ C V L) c V ~ Q > to V Y M 0 } 3/11/2021 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021-Final Plat Reliance Ranch Final Plat DATE OF COURT MEETING: 3/16/2021 ITEM: The Final Plat of Reliance Ranch, Block 1, Lots 1-6; J.W. Stewart Survey, A-212,16.015 Acres; Brazos County, Texas. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 03/11/2021 FISCAL IMPACT. False BUDGETED: - False DOLLARAMOUNT. $0.00 NOTES/EXCEPTIONS: Developer/Owner: JM Buildings LLC c/o Jerry Myers Engineer/Surveyor: J4 Engineering/Kerr Surveying LLC ATTACHMENTS: File Name - Description Type County Plat App Sp_ IGNED.pdf Application for Development Backup Material Reliance Ranch- Final Plat 031121 (002),pdf Plat Backup Material APPRO Duane Peters Date County Judge Vol, 330 pg. 1-� o Brazos County Road & Bridge'OfflcO 2617 SH 21 Wiast Bryan, TX..77803 Telephone:.(979) 822-21:27 Fax -...(979 775=0456. PLAT APPLICATION. $UB TtECT PRQPERTY INFORMAT ON APPLICATION WE is December.2 202W RESUBMITTAL: 0, vits PROJECT-I'SUBDIVISION NAME. Rgliik e� Ranch Pq0jECTAUQREEtS*dk LOCATION: S 4:51..$ FM: 2 0 3-$. TX. LEGAL DESCRIPTION: AO -2-12-00-,. ' .HN T-0 0 8 T-E-WAgT, 'TRACT, 1,6r: 16..0 64 -:4,CAES- I.F.RESUBMITTAL, -PROJECT FORMERLY KNOW N,AS: n/a "NUM - BER OF'LOTS: 6 TTqTAL.AC-RE'AGE' 1.,6 -()64, ju"RISDICTION:: 0 CITY LIMITS. 11 ETJ 'ER OUTSIDE -ALL CITY LIMITS AND ETjJS Notification of Application coinpletehessVill . . b within-10days of-Applicatidh,dat.e .. All Incomplete Applications Will be rejected.- This ApplIcatldnthall 6=16� five.( fomthe Applicationaate61the project., -P 0 'IC-ATION,", L 0 MASTER PLAN El.. SIMPLIFIED PLAT El PRELIMINARY . PLAN 21 FINAL PLAT 0 AMENDING PLAT- 0 REPLAT -. 16A '19 RESIDENTIAL .0 MANUFACTURED HOlAt COMMERCIAL RENTAL COMMUNII F-1 OTHER (PIeasd-'bxp1aIn),, 1S ANY OFtHt PROPERTY LOCATED IN A FLOODPLAIN OR r-LcOD'HA2ARD AREA? 11 'YES NO .0k0pwleIggieot- The- flood hazard bo-u-ndar'y Maps and othet flood data used by Brazos County iri-waldall-fig flood hazards to proposed -D l pmenti,are"c'on"s,Idefie'd rdasohdbld:dndaccurate -36r bgufalory purposes ro.,b.ge sand a"mi;ba'si:e:zd"on the b1is't"6V:A1615 16seien-ti.rldb"n.o- -e.ng in data n -Mrd occasions greater floods c4fi'4rd,vA1I occur and flood hejght4.T.ay.beipereasO.(nan-madeor66tdrat causes: 1ssuanco of:a Floodplain Pdrinit in ab6brdafi6qwith th6 briz94 Oqqhty Flpod)ifiagoPrevention Oidiqq)d0.,qpd4 not imply piveloprr ent'oUteidL-thg,aieas-Otspecial f6ddhai&d:v,qlie -fkd from Opddlng orppOd dahihgb. Issbance:6 q:pt�it�haII66t6i6ptdriabilityanthe.paitofBrawscounty-or eeloyee6f Brazoscoun!yin the event flooding orfl6oddamage does: occur. T)MQT R1. WILL ANY'CONSTRU6TIdN OCCUR IN TXDOTRIG RIGHT-OF-WAYS?, 11 -i(ES A ®'NO Vol. X30 pg. 4 .r c'. �-" a'.� y �.., _. � 'ra"i€xx'�"'� '` i b � � ��'� �� z.� �` �3f ^� � 7''b Z Y 7. ,-ys, xaf _: ,'tic sw�•�-S 7r'i F.IRM:NAME: NA. CONTACT:- JM Buildings, LLC c/o Jerry My.er-s .ADDRESS: 773.3• :South .FM 20.38 CITY: Bryan STATE: -TX zip, 7 7 8:0 8 PHONE: 8,-32-316-21:56 FAX: EMAIL: -amanda.@.jin Liildirigs . com 'g _. "`i+s'frW'� fR`.�S i i l•fi � �.5f-. kL `7S 35 � �s�+p�: "-..:}?`V i x ia� ��7 ':i��4 �Y PR P�ERTY�OVIMER�INFORM�kT10N. „�5 ^��j ^SSS F,y� ski xf �i`1• Zvi+ f x rtSn e,< 34'�+1� �d Y .{� 'ew; FIRM NAME:- AME:CONTACT:: CONTACT.: ADDRESS: CITY:STATE: ADDRESS: PO -B6x 51.92 - ZIP: PHONE: FAX: EMAIL: _..'.i''�� 4"YiT.'F .�.i Y".i:.'3-.. .�.�.� l.-Yi:,.. _.:.3i. .s�F'Y,.,,3.:n.1•. m..S\� ins. s..i.. _» nicS..�.�.....,.x .Y;:;tj,.a. .. cw�... : a.��` ...�'�':�.:._3.- . ^?i. N.. ..:7.. �.�t'_`:, FIRM NAME: J'4 E-nginee.r ng- dONTACT: Glenn_ Tones, PE ADDRESS: PO -B6x 51.92 - CITY: Bryan :STATE TX STATE: ZIP: 7786.5 PHONE: :979-7.39-0567 Fj.Evc: EMA_lL:• gjbt-es:@ j4engineeririg. com �i.a a.�. ,;- �„-F'S s ..f �' "{"'i 'S •.�< .' � '�; '}• 1. '.k' i L :.: i "`xYn:• ti-rt'^R t ?`° f i 4 �c SS..:i"..R '` 5 A `xis. "�^ Z 5 � {XJ-E"�+ .yyX .< f •;t 3 �C' '^fS� C`F .�'`:+ y ., 4 �Y"' ': =� "Y ATHERJNFORMAFION ,y�� F . c . FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: ,FAX:. EMAIL: Vol. C7 Pg. Vim( By my signature, Thereby affirm that I am the property r.if Quyner of record,, dthe Applicant ls.an organization or business entity. that authorization . - has been granted to represeathe-OMer, organization o r builness InAhi s Application. I certify that the,prece.ding Information is complete and accurate; and it Is understood that Lagreefolhe D velopmentISubdivision-ofthis pro.ledy, SIGNATURE: PRINTED NAMEtDATE. Jerry Myers SIGNATU t PRINT -ED NAME: DATEt .of �8 U nYtobe n By signing '0'tea r pe authorizes B'az0proceedings. r Application ce on page one f-spp11�on-i00ma fu e .8�owedgestha7bPl�s e.Cquny to ppve -ile Application 'and that although ZUTVs�ffMaymake recommendations regarding. this Application, 'the _ma ll'h9rzea Min mMlssionees not mmen 4 n nd ankeatra decision sion h, does not oonfortn to the staffs recommendation.: Application Check Lisit: Copies of finished plat with. corrections . -an* 0 Three (3) hard copies to B.razos'Copnty 0 One (1).pdf copy to Brazos County 0 One (1,).dWg copy to Brazos 'County Q One (1) hard qopy-tQ,_Brazds County.Health bis-trf6t 0 One (1.)'hard. copy to'Bragos. County 911 0 One (1) hard copy to- local Water District or Company Lefters of appro.val:(to',be. sent ;by directly the approving institution " y I . tly to Brazos -County Engineering.). D Lefterft6rn Brazos County Health -District .- For"On-site tewiagb evaluation. 0 Latter fr6m Brazos :County 911 - rbr-.Road names-. 0 Letter from Water District or Company.. - Stating water availability, etc. If property is Within -an r.:xtraterritoriEii.Juti..tdiction (ETJ)!Of a City: 0 Approval notification from appropriate City. ApplicEint'attests.that they have lsigned thit.Application. in the capacity designated, if any, and further attests that they have read document and the -statement contained herein andany,attached are true and -factual. All Applicants -are encouraged to review the -j3ipggIaflpns: prior,to.any plat submittal. It. is 6ridefst d -that this . Application.' Js s not. finished or dated .uhtil.*'all .documents fisted above'. arefildd at the Brazos "County •Off EngineeringIce'and all'applicable blanks are filled in the Application above. Vol. 3JU Pg. z w v lie k1 ag g� y e � E al 8 as3d p a tj San Se Z� Ga I Vol. JJl-/ Pg. I i-1 I y e � a o " a �;gigg h�55���e3sg as3d p Se Z� Ga I Vol. JJl-/ Pg. I i-1 I APPLICATION FOR TA ,�5-UND� Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS DUROCHER DONNA MARIE 3095 CLUB DR APT 228 BRYAN TX 77807-1115 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: STONE -HAVEN COMMUNITY, SPACE 2128 STONE VIEW CT, SER# CSS019517TXA, HUD# NTA1797567 — Address -2128 -STONE All EW -(PVT) Gr ,.— - - - -- - — -- — -- - Account# 417767 TAX.PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2020 Taxpayer's reason for refund: OP -Overpayment REFUND TO: CONNOR WAYNE & DEBORAH 2128 STONEVIEW CT BRYAN TX 77803 Payment Date Amount Paid Refund Amount Requested 10/12/2020 $847.88 $14.83 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the Information on this form Is true and correct." if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Th irov-aW, Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date vol. 33.0 , Pg. `� APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979.775-9930 OWNER'S NAME AND ADDRESS TEXAS HAT CREEK INVESTMENTS LLC 9813 RIVER RD COLLEGE STATION TX 77845-6711 PROPERTY DESCRIPTION • . Legal: UNIVERSITY PARK PH 2, BLOCK P, LOT 15 REPLAT Address: 1224 APRIL BLOOM A -B, Account# 45704 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD TAX PAYMENT INF_OR_M_ATIONN Name of Taxing Unit Tax Year _ of Refund Payment Date Amount Paid Refund Amount Requested ^ ZREFUND 2020 02/22/2021 $2355.02 $100.00 Taxpayer's reason for refund: OP -Overpayment REFUND TO: TEXAS HAT CREEK INVESTMENTS LLC 9813 RIVER RD COLLEGE STATION TX 77845-6711 Sign below apd�etu f }m to the Brazos County Tax Office. "I hereby a ply or t4 r fund of the above-described taxes and certify that the information on this form is true and correct." „ 2.21.21 if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION T tax re d is pprov [ J Disapproved r v A/ / �- , / - — uthoriz Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.22 Tax Code Authorized Officer Signature Date O Vol. pg. 1-1 -00 e APPLICATION FOR TAX R FUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS WALL CARLA 2501 OAK CIR BRYAN TX 77802-2009 PROPERTY DESCRIPTION Legal: _MEADOWBROOK,-LOT 3 & HLF OF 2 Address: 3219 S TEXAS AVE , Account# 32563 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2020 Taxpayer's reason for refund: OP -Overpayment REFUND TO: WALL CARLA 2501 OAK CIR BRYAN TX 77802-2009 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 01/31/2021 $2682.81 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." D� If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Ta !Ldis=,,TA�[j Disapproved /J 1c. Zat Authorized Officer Signature Datef Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. (7 Pg:_ APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS MADDOX KARL ETAL RODMOND MADDOX 5728 VAN DALIA TRL ARLINGTON TX 76017-1969 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: A014600, JOSEPH JORDAN, TRACT 1.91,1.712 ACRES ---Address:-TONKAWAYI:AKf(PVr) RD ; --- ---- --- ----- -= = -- - -- Account # 417028 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested .2REFUND 2020 01/27/2021 $82.87 $79.15 Taxpayer's reason for refund: OP -Overpayment REFUND TO: WILLIAMS BRIDGETTE L 5728 VANDALIA TRL ARLINGTON TX 76017-1969 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form Is true and correct." TAX REFUND DETERMINATION e tax nd is [ proved j Disapproved Authorized Officer Signature Dat Authorized Officer of taxing unit for refund applications over amount requiW under Section 31.11 Tax Code Authorized Officer Signature) Date VOL P9• �L� APPLICATION FOR TAX REFUND Collecting Once Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS ROTHELL DAVID A & KERRI H 310 CRESCENT DR BRYAN TX 77801-4541 PROPERTY DESCRIPTION Legal: NORTH OAKWOOD, BLOCK 18, LOT 1 Address: 310 CRESCENT DR , Account# 34517 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2020 Taxpayer's reason for refund: OP -Overpayment REFUND T0: HRPD LLC 310 CRESCENT DR BRYAN TX 77801-4541 Collecting Tax for, -(taxing entitles) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, 171, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 01/31/2021 $6692.79 $363.61 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct" ba'V-:& Sign t re Date' if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION e tax nd is pproved Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.21 Tax Code Authorized Officer Signature Date y OI. 3 0 Pg -!'-"J- .APPLICATION FOR TAX•WILIND ;_ ... Collecting Office Name . Brazos County Tax Office 4151 County Park Court Bryan; Texas 77802 • Ph. 979.775-9930 OWNER'S NAME AND ADDRESS SCARMARDO INVESTMENTS LTD %PARTYTIME 1816 PONDEROSA DR COLLEGE STATION TX 7.7845-5814 PROPERTY DESCRIPTION Legal: PONDEROSA PLACE PH 1, BLOCK I9, LOTS Address: 3205 LONGMIRE DR, Account# 37906 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2020 Taxpayer's reason for refund: OP -Overpayment REFUND TO: FEDEX TAX -DEPARTMENT - 3630 HACKS CROSS ROAD BUILDING Ciao FLOOR MEMPHIS -TN 38125 Collecting Fox for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan iSD, College Station ISD, F1, F2, F3, F4,. City of Kurten, Navasota ISD Payment Date Amount Paid RefundAmount Requested 01/31/2021 $8853.29 $88331129' Sign below and return form to the Brazos County. Tax Office. "I hereby apply for the refund of the above-described taxes and certify that'the Information on thts•form is•true and correct" Digitally signed by Diane S. Diane S. Patton�on % D_a e: 2021.03.0317:23:59 -06'00' 'S g azure 43�Y ,Date . If you make a false statement on this appllcatiod, you'could b'e found guilty of a Class &misdemeanor ora state jail felony underTexas Penal Code Section 37.10. - TAX REFUND DETERMINATION e n-nd is [ _Approved Disapproved /� / 6Z21 Authorized Officer Signature Da Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date E . P9• j g ( APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS GUNIA RON PAUL & SHANNON RENEE 14638 PENSHAM DR FRISCO TX 75035-7284 Legal: EDGEWATER PH 1, BLOCK 8, LOT 7 Address: 2112 DUMFRIES DR , Account# 395314 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2020 Taxpayer's reason for refund: OP -Overpayment REFUND TO: GONIA RON PAUL & SHANNON RENEE 14638 PENSHAM DR FRISCO TX 75035-7284 Collecting Toxfor: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 01/31/2021 $5043.13 $9.00 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the Information on this form is true and correct." 2,1 Sigp re If you .make a false statement on this application, you could be found guilty bf a Class A misdemeanor ora state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION he tax re is I Approve [ ] Disapproved // 'I / / � Authorized Officer Signature Dat Authorized Officer of taxing unit for refund applications over amount required under Section 31.12 Tax Code Authorized Officer Signature Date Vol. 33� P9. APPLICATION FOR TA 'REFU Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS JOE W FLY CO INC 12700 STATE HIGHWAY 30 COLLEGE STATION TX 77845-7755 Collecting Tax for: (taxing entitles) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: • BUSINESS -PERSONAL PROPERTY Address: 12700 SH -30 200, Account# 364097 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid • Refund Amount Requested 2REFUND 2020 12/31/2020 $1323.35 12.71 Taxpayer's reason for refund: OP -Overpayment REFUND T0: JOE W FLY CO INC 8814 GAUGE OR COLLEGE STATION TX 77845 Sign below and return form to the Brazos County Tax Office. "1 hereby apply for the LifiaW of the above-described taxes and certify that the information on this form Is true and correct." V.3 i D, ale TAX REFUND DETER ATION �,axrefunj [ A roved [ D' approved Authorized Officer Signature Dat Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. 50 Pg. �� 2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2020-2021 BUDGET YEAR NO. 20/21 23.1— 23.6 On this the 16th day of March 2021 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. Russ Ford, 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 16th day of March 2021 the Court heard and approved a budget amendment(s) for the 2020-2021 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 8 September 2020, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 16th day of March 2021. THE COMMISSIO.NERS COURT OF BRAZOS COU�'TY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget vol. Pg -113- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 23.1 311612021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Risk %lanagement Departmental Support 1,000.00 General Fund Risk Management Repairs and %taint 1,000.00 Risk iltanagement Reallocation of funds to the appropriate department's account to cover gasoline expense for vehicle that has been assigned to Risk Management. F 1 J U{ My ij;,-: ll i entApprovat �z`i..t_'.'=' _Date— Cou ;Ju geA royalLIM vof.33o pg.1�� _J FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 12500100 60600000 CR Office Supplies 1,000.00 01000 12500100 65350000 DR Gasoline 1,000.00 vof.33o pg.1�� _J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 23.2 311612021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Road and Bridge Repairs and %taint 1200.00 General Fund Road and Bridge Departmental Support 1.200.00 Road and Bridge Reallocation of funds to the appropriate departments account to cover upcoming virtual conferences. 31912021. Lf 1T 1. De artmentApprov 5.... _. ._,--.--Date_ 1c° - - Approval .',x t...?' ..........- -Date _ • �.. _. �A� 33 �. s . - I .sem_. �', ?3,.: $a it sza �_,- FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 56001000 65300000 CR Grounds Maintenance 100.00 01000 56001000 61110000 DR Conference & SeminarFecs 1,200.00 P9. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 23.3 3/16/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Grant Fund JAG 2020 Departmental Support 6,064.95 Grant Fund JAG 2020 Discretionary Spending 6,06495 Edward Bvrne Justice Assistance Grant Reallocation of funds to the appropriate department's account to correct FY 21 Budget Amendment 22.5 that was approved on 3/9121. The correct amount should be 56,064.95, instead of 56.094.95. s 9QPa— tQPProv_aI _ s...h 4 Date.-- �sl,'.i ;Co a Approva Date r r E 30 gig. 1�_ ..r�N, :* '-1`=.*"..P"t,l.�.zs., ` W'. �q5l!_r±t: iSA�"�= FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 30000 239400 60500000 CR Equipment and IT Enhancements 6,064.95 30000 239400 59100000 DR DDEA 6,064.95 E 30 gig. 1�_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 22.5 slont»1 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Grant Fund JAG 2019 Departmental Support 300_25 Grant Fund JAG 2019 Discretionary Spending 30025 Grant Fund JAG 2020 Departmental Support 6,093.95 Grant Fund JAG 2020 Discretionary Spending 6.093.95 Increase Decrease 30000 289300 60500000 CR Equipment and IT Enhancements 20025 30000 289300 59100000 DR DDE4 200-25 30000 289300 60500000 CR Equipment and IT Enhancements 6,093.95 30000 289300 59100000 DR DDM 6.093.95 Edward Byrne Justice Assistance Grant (JAG 2019 and JAG 2020) Reallocation of funds to the appropriate department's account to correct FY 21 Budget Amendment 19.3 and 19.3 that uas budget process. approved on February 9, 2021. The funds were accounted for during the FY 21 nnp Qate - 913!2021` t. { Department APP_ v21`:. -I..< ICS t" �Y go!; _ - __ 9e p - yal Vol. 330 ego In FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 30000 289300 60500000 CR Equipment and IT Enhancements 20025 30000 289300 59100000 DR DDE4 200-25 30000 289300 60500000 CR Equipment and IT Enhancements 6,093.95 30000 289300 59100000 DR DDM 6.093.95 i Vol. 330 ego In BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 23.4 'f11912n21 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Court tion- Capital Fund Information Technology - Non -Capital Departmental Support 135,390.00 Conumssioners' Court Non- Capital Fund Shcriff Administration - tion Capital Departmental S port 73,875.00 Cotmnissionere Court Non- Capital Fund Sheriff Administration -)ail - Non Capital Departmental Support 9,700.00 Cormnissioners' Court Non - Capital Fund Constable Pct =1 Departmental Support 8,840.00 Commissioners' Court Non - Capital Fund Constable Pct=-' Departmental Support 17,495.00 Commissioners' CourtNon- Capital Fund Constable Pct =3 Departmental Support 10,175.00 Commissioners Court Non - Capital Fund Constable Pct 4 Departmental Support 14,305.00 06000 38003006 60500000 DR Equipment andlT Enhancements 9,700.00 06000 30100006 60500000 DR Equipment and IT Enhancements 8.840.00 06000 30300006 60500000 DR EquipmentandlT Enhancements 17,495.00 06000 30300006 60500000 DR EquipmentandlT Enhancements 10,175.00 06000 30.100006 60500000 DR Equipment and IT Enhancements 13,305.00 Information Tecbnol •, Sheriff Administration, Sheriff Administration - Jail, Constable Pet #1. Constable Pct i13, Constable Pct 523, and Constable Pct 554 Reallocation of funds to the appropriate department's account to purchase replacement Touehbook's in patrol vehicles. (CIP :31.579) t t f177p 311012021 Department Approgal; IiS IFtl��li if,fi ..� 1}Y iP 'SI i� Co my ._ 9e Approval _'_ ' _. _ "... .: `i. Date _._.. .ar �ccaintinpPur'osesOnl� _at.'__. r'.� .�-�_�.,w. _ ,. ,:.,�> k,.a�'. ��`e�+�f�sTt`:f���3, �'�x`�. ;, s•. FUND DIV ACCT DRSCR ACCOUNT NAME Increase Decrease 06000 14000006 60500000 CR Equipment and IT Enhancements 135,390.00 06000 38000006 60500000 DR Equipment and IT Enhancements 74,875.00 06000 38003006 60500000 DR Equipment andlT Enhancements 9,700.00 06000 30100006 60500000 DR Equipment and IT Enhancements 8.840.00 06000 30300006 60500000 DR EquipmentandlT Enhancements 17,495.00 06000 30300006 60500000 DR EquipmentandlT Enhancements 10,175.00 06000 30.100006 60500000 DR Equipment and IT Enhancements 13,305.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 23.5 3H6/7Mi FUND DEPARTMENT DPJISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency Departmental Support 513,901.00 General Fund Justice of the Peace Pct 93 Repair and Maintenance 173,434.00 General Fund Constable Pct N3 Repair and Maintenance 63 067.00 General Fund Juvenile Administration Repair and Maintenance 177,400.00 General Fund Exposition Center Repair and Maintenance 100 000.00 CR Contingency 513.901.00' 01000 24301100 65010000 DR Accidents & Claims 173 434.00 01000 30301100 65010000 DR Accidents & Claims 63,067.00 01000 31000100 65010000 DR Accidents & Claims 177 400.00 01000 36000100 65010000 DR Accidents & Claims 100 000.00 Commissioners' CourtJuvenile Administration Constable Pet. N 3, Justice of the Peace Pet H3 and Exposition Center Reallocation of funds to the appropriate department's account for water mitigation regarding the Juvenile Administration Building, and Constable and Justice of the Peace and the Exposition Center, Pct 43 Building, due to the Winter Weather Storm during the week of February 14 2021_ Due to the freezing weather, pipes broke and flooded areas in the buildings. 77.t Mpilt 3!10/2021; x- - - - - — - y3 Department Approve f Co _ _ ._.e 9e Appro+ial_ A ... _ w _ FoeAeceuntin �3?d oses On �..'. � ��;=a��ss�a�i,Y �:�� _.� ,J.,.,,z�, �� ?�., r�'t ... i '-"~3�$h. r4fiVENRUM ME FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 513.901.00' 01000 24301100 65010000 DR Accidents & Claims 173 434.00 01000 30301100 65010000 DR Accidents & Claims 63,067.00 01000 31000100 65010000 DR Accidents & Claims 177 400.00 01000 36000100 65010000 DR Accidents & Claims 100 000.00 V0 I. 330 1 PgJ81 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 23.6 3116!2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency Departmental Support 2341.05 General Fund Other Financing Sources 2,331.05 Commissionere Court Non - Capital Fund Other Financing Sources 2,341.05 Commissioners' Court Non- Associate Judge rl -Non Capital Fund Capital Departmental Support 2341.05 Increase Decrease 01000 11001500 61130000 CR Contingency 2,341.05 01000 00000000 91126000 DR Transfer to Comm Court - Non Capital 2,341.05 06000 00000000 49023000 CR Transfer from General Fund 2,341.05 06000 22600006 60500000 DR Equipment & IT Enhancement 2341.05 Commissioners' Court and Associato Judne HI Reallocation of funds to the appropriate department's account to purchase a replacement Laser for the Bailiff. S Inp, Date 3110!2021 -wra. r r'- De artrnentApprovat_;, a;. ` 2..,;1Date : < f b :; Coun> JuApproval Ra _. voa.350 pg� �°lo i x.3r,4.q,'J.`SFe.�ii�.: 71"J'fee3"aC:'-&u.'.iGe±:die FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 2,341.05 01000 00000000 91126000 DR Transfer to Comm Court - Non Capital 2,341.05 06000 00000000 49023000 CR Transfer from General Fund 2,341.05 06000 22600006 60500000 DR Equipment & IT Enhancement 2341.05 voa.350 pg� �°lo PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 03/16/2021 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney S.O. — Administration S.O.- CSISD School Security S.O. — Jail Administration Sifuentez-Chavarria, Maritza Basey, Jerry House, Garrett Foltermann, Scott Green, Tera Jackson, Randy McClure, William Sever, Eric Approved in Commissioners' Court 03/16/2021: )S County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 330 pg. Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Personnel Change of Status Commissioners' Court Date: Department Submitting Information Purpose of Submissions: (Mar 10, 2021) 03-16-2021 Human Resources Consider and Take Action on Change Employment Department Name Employee Name - Juvenile Services - Residential Mental McCann, Chelsea County Attorney - Administration Morse, Thomas Exposition Center - Administration Ritter, Christopher Sheriff Office - Jail Administration Wiedecker, Amanda Separations Department Name. Employee Name, Tax Assessor - Collector - Administration Blair, Tinya Juvenile Services - Detention Bums, Pamela Road & Bridge - Administration Cervantez, Alberto Sheriff Office - Jail Administration Divin, Brandon Approved in Commissioners' Court: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. ?.�o pg. I�Z