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HomeMy WebLinkAbout2021-04-27 10:00AM REGULAR MEETING i NI E 0r Y OF MINUTES APRIL 27, 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, April 27, 2021 with the following members of the Court present: Duane Peters, County Judge, Present by Teleconference; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3, Presiding; Irma Cauley, Commissioner of Precinct 4, Present by Teleconference; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Ford 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items: 3-28 3. Proclamation 21-006 declaring the week of May 2-8, 2021 as National Correctional Officers and Employees Week. 1i�lm E33Pg 1 . 2 : The Court approved a Proclamation designating May 2, 2021 through May 8, 2021 as "National Correctional Officers and Employees Week". Commissioner Berry read aloud the proclamation recognizing the Correctional Officers and employees working in Brazos County. Sheriff Wayne Dicky thanked the officers recognizing the challenging job they do especially during this past year. He noted that 226 officers have died in the line of duty as a result of COVID-19. Speaking next was Hamilton Unit Warden Robert Herrera. He thanked the Court and asked everyone to keep officers in their thoughts and prayers as they do their jobs. He said they honor those who have made the ultimate sacrifice, including Lt. Treva Preston, who died during the pandemic. Next to speak was Chris Coffey with the Brazos County Juvenile Detention Center. Mr. Coffey also thanked the officers who work in detention. He said not one youth had COVI D-19 in the detention center thanks to the officers and staff. Pictures were taken of the Court with the Correctional Officers in attendance.A copy of the proclamation is attached. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 4. Proclamation 21-007 declaring May 6-12, 2021 as National Nurses Recognition Week. The Court approved a Proclamation designating May 6, 2021 through May 12, 2021 as "National Nursing Recognition Week" in Brazos County. Commissioner Berry read aloud the proclamation and thanked nurses for the incredible job they do. Sheriff Dicky also thanked the nurses and medical staff for all they do to keep everyone at the Sheriff's Office safe and especially during the pandemic. Members of the nursing staff took pictures with the Court.A copy of the proclamation is attached. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 5. Proclamation 21-008 declaring May 2021 as Mental Health Awareness Month. The Court approved a proclamation recognizing May 2021 as "Mental Health Awareness Month". A copy of the proclamation is attached. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 6. Approval of the following reappointments to the Brazos County Emergency Service District#3 with terms to expire 12/31/2022. • a. Jerry Merker • b. Bill Milberger • c. Rusty Lewis • d. Doug Weedon • e. Martin Riley Vol. Pg. �,� Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 7. Approval of donated or unclaimed property items left by inmates leaving the Brazos County Jail. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 8. Approval of the following Job Description: • a. Temporary Attendant (Exposition Complex) 1040 hours (Class Code 0832) A copy of the job description is attached. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 9. Request from the Sheriff's Office to increase Diner's Club credit card limit from $10,000.00 to $15,000.00 to meet the needs of the Sheriff's Office. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 10. Request form the Jail Administrator to increase Diner's Club credit card limit from $1,000.00 to $15,000.00 to accommodate upcoming conference expenses and to meet the needs of the Brazos County Detention Center. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 11. Award of RFP#21-618 Brazos County Bridge Repairs. Recommended Award: Fuqua Construction Co., Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP#21-618 Brazos County Bridge Repairs to Fuqua Construction Co., I nc.A copy of the bid tabulation and agreement is attached. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 12. Award of RFP#21-625 Dick Elliott Road Reconstruction. Recommended Award: Lary Young Paving. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP#21-625 Dick Elliott Road Reconstruction to Larry Young Paving Inc. A copy of the bid tabulation and agreement is attached. VOL 33 P9. ��� Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 13. Award of BID #21-118 Janitorial Trash Liners. Recommended Award: Competitive Choice Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid #21-118 Janitorial Trash Liners to Competitive Choice Inc.A copy of the bid tabulation is attached. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 14. Approval of No Award for IQ 21-119 Herbicides and Surfactants due to receiving one incomplete bid. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of No Award for RFP#CI P 21-569 Jail Shower Renovations due to limited responses. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of Extension of Contract#20-105R for Jury Summons with USI O Output Solutions from April 25, 2021 through June 30, 2021. A copy of the contract extension is attached. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 17. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 2 inch water line crossing under Hopes Creek Road and to lay 1,200 feet of longitudinal line within the right of way of River Oaks Drive. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 18. Consider and take action on the Suddenlink Communications utility permit to construct 3 road bores under Wallis Road and Lantem Lane for the installation of a fiber optic communication cable for intemet services in the Lantem Cove Subdivision. Sites are located in Precinct 2. voi. 331 Pcj. '219 Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 19. Consider and take action on the Apache Corporation utility permit to construct a road bore for a 3 inch and a 6 inch pipeline crossing under Tonkaway Lake Road 5,055 feet southeast of Bird Pond Road. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 20. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line crossing under Oak Lake Road and Democrat Road. Project will provide water to an oil well. Site is located in Precinct 2. Commissioner Ford thanked the Road and the Bridge Department for their hard work. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 21. Approval of the Final Plat of the Kuttler Subdivision, Block 1, Lots 1-3; 8.999 Acres; Stephen Jones Survey,A-27; College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 22. Request for Tax Refunds for the following due to errors by BCAD and/or USPS: • a. Sadie Properties, LLC.-$78.76 - BCAD error • b. Gabrielle Vandercook Chandler-$124.68 - BCAD error • c. Robert& Sally Koestler-$32.26 - BCAD error • d. Peter& Deborah Napoli-$240.14 - USPS error • e. Richard Mundee, Jr.-$220.62 - BCAD error • f. Kenneth &Vickie Williamson-$141.51 - BCAD error Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 23. Tax Refund Applications for the following: Overpayments • a. Jackie & George Warren -$38.97 • b. Patricia Garcia Rodriguez-$43.15 F Of. 331 pg. 2$0 Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 24. Budget Amendments. Budget Amendments FY 20/21 29.1 -29.4 29.1 Transfer funds from Contingency Fund to Justice of the Peace, Precinct 3 and Constable, Precinct 3. 29.2 Transfer funds from Commissioners' Court to Sheriff's Office. 29.3 Reallocate funds for Health and Wellness Clinic. 29.4 Transferfunds from Contingency Fund to County Treasurer. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 25. Personnel Change of Status. • a. Personnel Action Forms • b. Employment& Separations A copy of the Personnel Change of Status requests is attached. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 26. Payment of Claims. Claims 810-7051 -8107182 9001730 -9001777 Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 27. Convene into Executive Session pursuant to Texas Government Code §551.087 of the Texas Government Code for deliberation regarding economic development negotiations. At this point, Commissioner Berry announced that the Court would consider items 29 through 34 then return to convene into Executive Session to deliberate economic development negotiations pursuant to Texas Government Code 551.087. Having considered the previously noted agenda items, at 10:40 a.m. Commissioner Berry stated the Court would convene into Executive Session as stated above. The following individuals were asked to stay for the meeting. Cheryl Coffman,Administrative Assistant Irene Jett, Budget Officer Bruce Erratt, Civil Counsel Ed Bull, Chief of Staff/Civil Counsel 28. Consider and possible action on Executive Session. At 10:59 a.m.Commissioner Berry announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 29. Acknowledgement of Brazos County Emergency Services District No. 3 Independent Auditors Report and Financial Statements for the year ended September 30, 2020. The Court acknowledged receipt of the Brazos County Emergency Services District No. 3 Auditor's Report and Financial Statements for the year ended September, 30, 2020. 30. Acknowledgement of monthly reports submitted in April 2021. The Court acknowledged receipt of the Extension Service reports submitted in April 2021 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Constable Precinct 2 Veterans Services 31. Juvenile Director's report on detention population. Juvenile Director Linda Rickets stated the Juvenile Detention Center has been without a nurse for two months and would like to thank the Sheriff for allowing their medical staff to help them along with Julie Anderson and Dr. Richards. Ms. Ricketson reported there are 27 juveniles in the detention center, 24 are male and 3 are female, and 23 have electronic monitor and 2 are pending for monitors. There are 10 youth in isolation as per medical protocol for new intakes. 32. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 561 inmates in jail, 520 inmates are male and 41 are female, 34 have electronic monitors and 4 are pending for monitors. There are no inmates positive for COVI D-19 and there are 4 staff members in quarantine protocols. Sheriff Dicky added that the State Inspector is at the Detention Center today and will have a report soon. 33. Announcement of interest items and possible future agenda topics. Commissioner Aid rich said on behalf of the A&M Club he would like to thank Constable Jeff Reeves and the Constable, Precinct 3 Deputies for providing security at the Aggie Muster Ceremony. 34. Call for Citizen input and/or concerns Jim Stewart updated the Court on the Vaccination Hub. He said that after this week they will have given out 90,000 doses of the vaccine. He explained that the demand for the first dose has declined and they will stop giving the first dose after next Tuesday. He vol. 351Pg. 2 _ added that the Hub will continue to operate and will administer the second doses of the vaccine. Mr. Stewart said he would like to thank Risk Manager Leslie Contreras, the Purchasing Department, the Budget Office, the Auditor, Information Technology, the Brazos Center and Chief of Staff Ed Bull for all their assistance in getting the Hub up and running. Commissioner Berry thanked Mr. Stewart and Commissioner Ford echoed his appreciation for Mr. Stewart and also for all the volunteers at the Hub. Speaking next was Bryan Jones to give an update on the Emergency Rental Assistance Program (ERAP). Mr. Jones said they were up and running on April 12, 2021 and had many people reach out to them but it has slowed down a bit. He said they will be advertising to get information out to those who are in need of assistance. Mr. Jones stated that both landlords and tenants will need to apply for the funding. He said that people can find the ERAP portal by scrolling down to the bottom of the home page on the Brazos County website. Mr. Bull added there are 6.9 million dollars available to assist people and people can reach the ERAP Office at phone number(979)-361-4666. Commissioner Aid rich asked if any of the restrictions had been lifted so that businesses could also be included to receive assistance. Mr. Jones answered that it does not include businesses. 35. Adjourn. 0/d. Pg. 9 3 The foregoing minutes of the Conunissioners Court Meeting held Apri1.27, 2021 have been examined and are:approved in open: Court this 4th day of May 2021,-in Bryan, Brazos County,Texas. ON- Duane eters Steve Aldrich County Judge Commissioner, Precinct 1 Russ Ford Nancy Berr.'� Commissioner, Precinct 2 Commissioner,Precinct 3 Irma Call Commissioner, t'reci ict 4 Attest: Karen McQueen County Clerk Vol. 331 p9. a$ r N't E 0r ADD 2 3 A vonti JZ) BRAZOS COUNTY BRYAN, EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 27, 2021 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag -Commissioner Ford 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3-28 3. Proclamation 21-006 declaring the week of May 2-8, 2021 as National Correctional Officers and Employees Week. 4. Proclamation 21-007 declaring May 6-12, 2021 as National Nurses Recognition Week. 5. Proclamation 21-008 declaring May 2021 as Mental Health Awareness Month. 6. Approval of the following reappointments to the Brazos County Emergency Service District#3 with terms to expire 12/31/2022. • a. Jerry Merker • b. Bill Milberger • c. Rusty Lewis • d. Doug Weedon • e. Martin Riley 7. Approval of donated or unclaimed property items left by inmates leaving the Brazos County Jail. 8. Approval of the following Job Description: * a. Temporary Attendant(Exposition Complex) 1040 hours (Class Code 0832) 9. Request from the Sheriff's Office to increase Diner's Club credit card limit from Vol. Pg. $10,000.00 to$15,000.00 to meet the needs of the Sheriffs Office. 10. Request form the Jail Administrator to increase Diner's Club credit card limit from $1,000.00 to $15,000.00 to accommodate upcoming conference expenses and to meet the needs of the Brazos County Detention Center. 11. Award of RFP#21-618 Brazos County Bridge Repairs. Recommended Award: Fuqua Construction Co., Inc. 12. Award of RFP#21-625 Dick Elliott Road Reconstruction. Recommended Award: Larry Young Paving. 13. Award of BID #21-118 Janitorial Trash Liners. Recommended Award: Competitive Choice Inc. 14. Approval of No Award for IQ 21-119 Herbicides and Surfactants due to receiving one incomplete bid. 15. Approval of No Award for RFP#CI P 21-569 Jail Shower Renovations due to limited responses. 16. Approval of Extension of Contract#20-105R for Jury Summons with USIO Output Solutions from April 25, 2021 through June 30, 2021. 17. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 2 inch water line crossing under Hopes Creek Road and to lay 1,200 feet of longitudinal line within the right of way of River Oaks Drive. Site is located in Precinct 1. 18. Consider and take action on the Suddenlink Communications utility permit to construct 3 road bores under Wallis Road and Lantern Lane for the installation of a fiber optic communication cable for intemet services in the Lantern Cove Subdivision. Sites are located in Precinct 2. 19. Consider and take action on the Apache Corporation utility permit to construct a road bore for a 3 inch and a 6 inch pipeline crossing under Tonkaway Lake Road 5,055 feet southeast of Bird Pond Road. Site is located in Precinct 2. 20. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line crossing under Oak Lake Road and Democrat Road. Project will provide water to an oil well. Site is located in Precinct 2. 21. Approval of the Final Plat of the Kuttler Subdivision, Block 1, Lots 1-3; 8.999 Acres; Stephen Jones Survey,A-27; College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. 22. Request for Tax Refunds for the following due to errors by BCAD and/or USPS: • a. Sadie Properties, LLC.-$78.76 - BCAD error • b. Gabrielle Vandercook Chandler-$124.68 - BCAD error • c. Robert& Sally Koestler-$32.26 - BCAD error • d. Peter& Deborah Napoli-$240.14- USPS error • e. Richard Mundee, Jr.-$220.62- BCAD error • f. Kenneth&Vickie Williamson-$141.51 - BCAD error 23. Tax Refund Applications for the following: Overpayments • a. Jackie & George Warren-$38.97 • b. Patricia Garcia Rodriguez-$43.15 vie r. t 24. Budget Amendments. Budget Amendments FY 20/21 29.1 -29.4 25. Personnel Change of Status. • a. Personnel Action Forms • b. Employment& Separations 26. Payment of Claims. 27. Convene into Executive Session pursuant to Texas Government Code §551.087 of the Texas Government Code for deliberation regarding economic development negotiations. 28. Consider and possible action on Executive Session. 29. Acknowledgement of Brazos County Emergency Services District No. 3 Independent Auditor's Report and Financial Statements for the year ended September 30, 2020. 30. Acknowledgement of monthly reports submitted in April 2021. 31. Juvenile Director's report on detention population. 32. Sheriffs report on inmate population. 33. Announcement of interest items and possible future agenda topics. 34. Call for Citizen input and/or concerns 35. Adjourn. E\1013pgo 931 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. vol. 331 pg. 'M Pg ! of. BRAZOS COUNTY COMMISSIONER' S COURT DAY OFd4j �'d , 20 a l AM/PM, l� Name Organization (PLEASE PRINT) (PLEASE PRINT) /jam. ... -TDCJ -i Ln j, PC v®o. Pg. a� Pg hof BR.AZOS COUNTY COMMISSIONER' S COURT �7 -DAY OF , 20�_ c� AM/PM, Name Organization (PLEASE PRINT) (PLEASE PRINT) ®C �Po, Stva/,v i h 1-0-0k(4 otsk0XIAC &vv�q Quw cb �a�on Casf;l� 1Jen�e��:®� ceh�k-eF -- C���SpJZ CA* A l7d voi. 331_ pg. 9c) 0 'r Pg of y BRAZOS COUNTY COMMISSIONER' S COURT DAY OF , 20 ,�2 Vis` o AM/ , . Name Organization (PLEASE PRINT) (PLEASE PRINT) WWI (4 AN ho Muo-�914� e EelcL L✓� L �G� 1.�� I �-�'�� COMrh • COU��t vbpg. .ante oF.T o � e PROCLAMATION National Correctional Officers and Employees Week WHEREAS,National Correctional Officers and Employees Week was first proclaimed on May 5,1984,by President Ronald Reagan when he signed Proclamation 5187 creating"National Correctional Officers Week,"to recognize the men and women who work in jails,prisons,and community corrections across the country;and WHEREAS,National Correctional Officers and Employees Week became the official name the first week in May when,in 1986,the U.S.Senate officially changed the name from"National Correctional Officers Week"; and WHEREAS,National Correctional Officers and Employees Week has been designated as the week of May 02,2021,through May 08,2021,by the U.S.Department of Justice and the Federal Bureau of Prisons; and WHEREAS,National Correctional Officers and Employee Week honors the work of Correctional Officers and Correctional Personnel for their service with honor,respect,and integrity;and raises the awareness of the duties,hazards,and sacrifices made by the Correctional employees;and WHEREAS,National Correctional Officers and Employees week in Brazos County recognizes Correctional officers and employees for their role in safeguarding the citizens of Brazos County by providing safe,secure,and humane incarceration of offenders within their custody; WHEREAS,National Correctional Officers and Employees week in Brazos County this year wants to recognize all Correctional officers and employees for their acts of heroism,dedication to duty and commitment to our community during the COVID19 outbreak of 2020; NOW THEREFORE,BE IT RESOLVED that the Commissioners Court of Brazos County,does hereby proclaim the week of May 02,2021 through May 08,2021,as"National Correctional Officers and Employees Week."All citizens are encouraged to pay tribute to all the many Correctional Employees working in Brazos County for the vital public service they provide. PROCLAIMED this day of ,2021. Duane Peters, County Judge Commissioner Steve Aldrich Pct. 1 Commissioner uss Ford Pct. 2 f 1` L- *r Commissioner Nancy Berry Pct. 3 Commissioner Itma auley Pct. 4 V01. 33 Pg. 0�a RONALD_ REAGAN _. . - __. XLPresident of the United States. 1981-1989 Proclamation 5187—National Correctional Officers Week, 1984 May 5, 1984 By the President of'the United States of America A Proclamation Correctional officers have the difficult and often dangerous assignment of ensuring the custody, safety and well-being of the over 600,000 inmates in our Nation's prisons and jails. Their position is essential to the day-to-day operations of these institutions; without them it would be impossible to achieve the foremost institutional goals of security and control. Historically, correctional officers have been viewed as "guards," occupying isolated and misunderstood positions in prisons and jails. In recent years, the duties of these officers have become increasingly complex and demanding. They are called upon to fill, simultaneously, custodial, supervisory and counseling roles. The professionalism, dedication and courage exhibited by these officers throughout the performance of these demanding and often conflicting roles deserve our utmost respect. The important work of correctional Officers often does not receive the recognition from the public it deserves. It is appropriate that we honor the many contributions and accomplishments of these men and women who are a vital component of the field of corrections. In recognition of the contributions of correctional officers to our Nation, the Congress, by Senate Joint Resolution 132, has designated the week beginning May 6, 1984, as "National Correctional Officers Week," and authorized and requested the President to issue an appropriate proclamation. Now, Therefore, 1, Ronald Reagan, President of the United States of America, do hereby proclaim the week beginning May 6, 1984, as National Correctional Officers Week. I call upon officials of State and local governments and the people of the United States to observe this week with appropriate ceremonies and activities. In Witness Whereof, I have hereunto set my hand this fifth day of May, in the year of our Lord nineteen hundred and eighty-four, and of the Independence of the United States of America the two hundred and eighth. (Zov� ao�6� RONALD REAGAN Vole 331 Pg.- Q°I5 WCE Op T6 .�4 .yTY.tiF egr PROCLAMATION National Nurses Recognition WHEREAS National Nurses Day is a day we celebrate nurses and raise awareness of the importance in their contributions to society. This day, May 6th is part of National Nurses Week—a week that ends on May 12th and marks the birthday of Florence Nightingale; and WHEREAS President Ronald Reagan signed Proclamation 4913 on March 25, 1932 a proclaiming"National Recognition Day for Nurses" to be May 6, and WHEREAS Nursing has a variety of different level of skills as well as areas in which they contribute with each playing an important role which facilities to maintain doctor-patient care; and WHEREAS Nurses are one of the most integral parts of a medical team, fulfilling a crucial role in providing patients and their families the highest level of care,as well as a key means of emotional support,significantly contributing to improved patient and family outcomes; and WHEREAS Brazos County this year wants to recognize all Nurses in the Community as well as in Corrections for their acts of heroism, compassion, dedication to duty and commitment to our community during the COVID 19 outbreak of 2020-2021 NOW, THEREFORE,BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim May 6,through May 12 as National Nursing Recognition Week in Brazos County to increase the public's awareness of the importance the role Nurses play to improve and promote health and wellness to their patients. PR0CLA]MED this a Iyday of ,2021 Duane Peters County Judge L-G- Commissioner Steve Aldrich Commissioner Russ Ford Precinct 1 Precinct 2 Commissi erNancyBerry U Commissioer -m Cauley Precinct 3 Preci t 4 v®ia 331 Pg. RONALD _REAGAN . . . XL President of the United States: 1981-1989 Proclamation 4913—National Recognition Day for Nurses, 1982 March 24, 9982 By the President of the United States of America A Proclamation Scientific advancements in recent years have dramatically expanded the role of nurses in our health care system, and their knowledge and skills have increased to keep pace with new technologies and methods of treatments. Yet,the very core of nursing—caring for patients at the bedside—remains unchanged. Nurses bring a special compassion and concern for the patient and for the patient's family. Nurses play a vital role in educating people in how to avoid illness and promote good health. Nurses are essential to every health care setting—in hospitals, nursing homes, ambulatory care centers, and patients' homes. Cardiac, post-surgical, trauma, and burn units require intensive nursing care around the clock. Community health nurses enable the elderly to receive needed care in their own homes. Nurses trained in maternal and child health provide much of the care in urban and rural clinics. Nurses with specialized training treat cancer patients,stroke victims, and psychiatric patients. Nurse researchers are developing new and better ways to improve nursing practice, reduce patient stress, and help patients and their families cope with illness. The nurses of this country deserve our gratitude for their personal and professional contributions to the improved health of American citizens. The Congress has, by House Joint Resolution 263, Public Law 97-57, demonstrated its commitment by requesting me to designate May 6, 1982,as National Recognition Day for Nurses. Now, Therefore, 1, Ronald Reagan, President of the United States of America, do hereby proclaim May 6, 1982, as National Recognition Day for Nurses. In Witness Whereof I have hereunto set my hand this 24th day of March, in the year of our Lord nineteen hundred and eighty two, and of the Independence of the United States of America the two hundred and sixth. RONALD REAGAN v®ia 33 A°15 Pg. 5��'f E OF T �N OF PROCLAMATION Mental Health Awareness Month WHEREAS, Mental illness is a treatable health condition involving distress or functional impairment related to thinking, emotion, or behavior; and WHEREAS, Mental health affects how we think, feel and act, and homer we handle stress, relate to others, and make choices; and WHEREAS, Half of all mental health conditions manifest by age 14 and 75 percent of lifetime cases present by young adulthood; and WHEREAS, more than 3.3 million Texans are living with a mental illness; and WHEREAS,Nearly 4,000 Texans lost their lives to suicide in 2019; and WHEREAS, Suicide is the second leading cause of death amongst people between the ages of 10 and 34 and the I Oth leading cause of death in the United States: and WHEREAS, The COVID-19 pandemic has significantly contributed to declining mental health in children, teens, and adults in the state of Texas; and WHEREAS, From mid-March through October 2020, the proportion of mental health-related ER visits nationally increased 24% among children age 5 to I 1 and 31% among adolescents age 12 to 17; and y WHEREAS,during the pandemic, about four in ten adults in the United States have reported symptoms of anxiety or depressive disorder, up from one in ten adults who reported these symptoms in 2019; and WHEREAS,the Texas Statewide Behavioral Health Coordinating Council has established MentalHealthTX.org as a resource to assist Texans in accessing mental health care; and WHEREAS, individuals can learn to manage their mental health conditions and often fully recover if they receive access to the right care at the right tune, and WHEREAS, the Texas Legislature has passed significant mental health legislation and made increased mental health appropriations a priority in successive biennia; and WHEREAS, a lack of mental health awareness leads to devastating impacts on the wellbeing of individuals and society; and 01, �'OI. _s7✓ t f'g R o� �.0 Now,Therefore, Be It Proclaimed that the Brazos County Commissioners Court hereby recognizes May 2021 as Mental Health Awareness Month and encourages all Texans to raise mental health awareness and help Texans live longer, healthier lives. 1toClCdimedthis, day of C� ' n Brazos County, Texas. Duane Peters, County Judge Commissioner Steve Aldrich Commissioner Russ Ford Precinct 1 Precinct 2 Commissi er Nancy Berry Commissioner Ir na X, auley Precinct 3 Precir d 4 � � 331� a � E O p �� 7 Cli oV Ty OF 3 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Jemmy McYker to the Brazos County Emergency Service District 3 The term of this appointment ends December 31,2022. LL Duane Peters Date County Judge Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 332 • Bryan,Texas 77803 • Fax:(979)361-4503 — �a.. P . aot r � E OpT� 7 � to O� �w QTY of $gA BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Bill MilbeYgeY to the Brazos County Emergency Service District 3 The term of this appointment ends December 31, 2022. Duane Peters Date County Judge Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 332 • B an Texas 77803 • Fac(979)361-4503 Vol., 3..,0.,� ego a OF �� o� OFlg BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Rusty Lewis to the Brazos County Emergency Service District 3 The term of this appointment ends December 31, 2022. Duane Peters Date County Judge Brazos County AdministratIon Bldg. • 200 S.Texas Ave. • Suite 332 • Bryan,Texas 77803 • Fax:(979)361-4503 ;d . —M—) pg. oO 1 OFr� 1' OF $ BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Doug Weedon to the Brazos County Emergency Service District 3 The term of this appointment ends December 31, 2022. uane Peters Date County Judge Brazos County Administration Bldg. 200 S.Texas Ave. • Suite 332 Bryan,Texas 77803 . Fax:(979)361-4503 �P 0 0 �T Y Of BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Martin Riley to the Brazos County Emergency Service District 3 The term of this appointment ends December 31, 2022. Duane Peters Date County Judge Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 332 • Bryan.Texas 77803 • Fax:(979)361-4503 vol. 331.__ Pg. 30 $RAZOS COUNTY;TEXAS :..: ;. ACCEPTANCE OF DONATEDIAWARDED PROPERTY. DONATION OF.COUNTY PROPERTY :.Date:•Q09121:... Q Accepiancc 6f Doi atcdlAwaided Pioperty Q Donation,of County Properly. .. (Awarded 04ciit regWics signed courtdocumentation) Acceptance of Donated Inmate Property .. �. . ..(R quires,sirncd iiimatc documentation-.NO VALUE ASSESSED) Itcm Dcscri0on: . Pleiii6 priivide all inforination requgsted below as applicable to:the property being accepted.or donated.�Forms contalni: .siiy b' IAnk or comp e, on. = -.. -.:ce s w ._ ere, me Matte: Model: Year: SNNIN#: II U-61 on- lona xp ain..,: on•,unc.tona Additional..Description/Information::-Clothing;Jewelry;ELectmmcg and other inisc:iteins left7iy.:inniates :• : . .. .ieaving:the,Detentidn'Center on the month of February 2021. Estimated Value: Acceptance of Donated Property Donation oCCoun'.. Pio. r Ciicck the appiopriatc accountbascd on Chcck:ihc upproprintc_entity propertytieing: . . estimated valucofprdperty being-accepted: donated to: 61335000(Donation-Other)* GDVcmnv t Entity: .- :... Brazos Couri Sheriffs 600IODCO(NO Assct.Tag Un6cr$500) don No 67010000(Minor hrocit r_5500.44999).:` 'Other Due io Statuato 13:4,091000 (Cqpital Pro-C4-Overss000) requirements prior apptvval is rc wired b Purchashi c'_:'. q Y S ftant2ttion Norrie;: .. *Doi anon_.-;Other accouht'61235000 is to be used ONLY for eash/check funds doriafed 10'Brajos,Coant}: I cc:.i :that the above=mentioned. tem has been donated or.aw.. ;d.to Brazos County:;:This'item has-bedn received.sn..good faith.and upon iipprovol by Commissioner's Court will become n pArt of the GeneraLFixed-Asset Account of Brazoi.Counry:'Tlie determination to accept or.;, reject the:donaiion-will be made.at the sole discretions of Commis3ioners Court based-:upon siich,things as usefulness;pioj"6d operetcng, =...-maintenance and insurance costs. .. Requesting Dcpartmegt: Brazos County 5herifi's Office . .. . . Dcpartment:Naritc .::-Authorized Sigriaturc': O;ganization Receiving Donated Property:: :. iitb .A.. ..-- -rized Sigiiiiturc : :day Appro Co nussioners rr n'this 6f .. ......:.:. Vol. J -6 -01 its Court Approv it::: —�� 79 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION"FORM : . ..' Date Inmate.Left Facility JAIL ID#:318174 -SO#: 60012753 This is to advise you,RAY, DONALD EUGENE, 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 tlh�eriffQf bra_ So M eXhs_ Your prop 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 17803.To avoid loniwait times schedule the aickup('24 hours n'advance). LIST OF PROPERTY qQf 6)7) ', 3) 8) 4)• 9) 5) 10) .Signature of Inmate: f '' Date: Time :.lfg Signature ofJailer: ���atS�ZlTime:; Property disposed by: Date:... Time: Person'designated to pick•up-property:- Name: i ' :. Address: PC ar - Telephone: : l '- ° I Signature of Officer Releasitie Property- _ Date::_ =r Signature of Person Pick up�Property = Date: .,(Include a copy of the person'sIdentification that is'picking up the-property)sal . .fttrrti:2825 Inmate Property Dispcsttion . b 6,� . ._ •. _. ... , :. " ..: . .. ®i. 331 - • � . so � - g 2 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY"DISPOSITION FORM : Date Inmate Left Facility JAIL ID#:316993 SO& 125996 This is to advise you, JAMES, GEORGE STEPHEN;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 tinie incarcerated. in the Brazos County Detention Center. .In the event:that no one bas 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 disposed, of to the p ison(s) or oraanization':of choice by°order rif"thd_-:-9hce if_:df=R6j2hg C-on:+j�t'-TP or 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 Cenfer 1835 Sandy-Point Rd. ;B,ryan,TX 77803.To avoid long wait times schedule the ickfi 2Q hours in advance LIST OF PROPERTY l) �rt� slci r� 6) 2) lie arra �n ,} 3} rotJn S o�L$ g) ^ 4) 1 fle. 9) 5} y Ga i k faun 6k 10) Signature of Inmate: Date: Time=: Signature of Jailer: Date: Time: l Prppgrty disposed by: t Date: Trine:- Person desig,n"AIA,d to pic p Name: Address: ,Telephone: Sinature of:Officer Releasing Property • . aga f Signature of Person Pick up Property Date:'. a (Include copy of the person's identification that is picking up:the property) Forrti:IM Inmate Property Disposition Vol. Pg. .. a-1 BR.AZOS COUNTY DETENTION CENTER INMATE PROPERTY.DIS OSITION FORM Date Inmate Left Facility JAIL ID#:3i4093 -"80#::1.11046 This is to advise you, SANCHEZ,•MICHAEL JOSEPH, that the Brazos County Office of the Sheriff will , grant you a period of one week (five working days) to have ariyane 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 Sheiiff.of Brazos Coun ,.Texas. 'Your. property.W .not.be r ease •to any one'other than-the person you designate to pick it up,*and cane 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 nickuu(24 hours in advance) LIST OF PROPERTY _.. " ) 6) IM kaon . .sl f 2) x �.� . ��'Cr 7 S�� r ) . : 3) -6 G 8 4 y - SGCt,M✓ r:�l& 9} s} x 6 l(4 Q��k 10). Signature of Inmate: �' _ f/ ,,�. Date•. Z/23- Time• - Signature of Jailer: y�`a Date: Time: " Property disposed by Date: :' Time: Person deli ated to pick.up property: Name: ✓���c�. (�.,r;�.� ' r�.2 Address: & :-LO JI L144 I�l� Telephone:_ ? GI Signature of Officer Releasing Property : -:Date: . Signature of Person Pick up Property Date: (Include a co.PY of theperson's identification that is picking u the property) Form:1825Inmale Property Disposition 30� SOI. 331 Pg. BRAZOS COUNTY DETENTION CENTER INMATE'PROPERTY DISPOSITIO_ N FORM Date Inmate Left Facility JAIL ID#:315200 SO#• 101997 This is to advise you, MIKESKA, SKYELER DANE, 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 aiid disposed of to the persons) or organization of choice by order of the Sheriff of Brazos 'Coup� - Texas. You r- property W11.1 nor be reicased to any one other than the person you designate to pick it up, and can 6e 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 olcktig(24 hours'in'-advance)..: LIST OF PROPERTY ) 7) t 3) 8) 9) :. o IU Signature of Inmate: - Date: Time: Signature of Jailer: - QS Date: T1me: Propertydisposedby: Date: : ,Time: :.:r_.-.. :.. . Person designated to pick up.properly: Name: .Address: x--1. r(-Loyn-.y:Rd. Telephone:_ 4-2 2 "` 1=39 L - . 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 = = BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility :2ljb(-L -JAIL ID#:315762 SO#: 61085 ..This is to advise you, JOHNSON,NAKESHIA SHENALL, that the Brazos County Office•of.ihe.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 a!1 property. thaE.you have accumulated during your time incarcerated 'in-the Brazos 'Coun Detention Center:.In the event'that no one hats, ick ed u ty, p p your.property:after the expiration of one week(five working days),any and all property will:be donated 16 the Brazos County Sheriff end disposed of to the pe'rs'on(s) or organization of-choice by order-of the'Sheriff of Brazos County;:'Texas.. Your props •..w>L .no ere cas o any one o er an .fie person you designate to picK it up,an. .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 nickun 24 hours in advance), LIST OF PROPERTY ;.1) l Pftii Y bG glnorls 6)_ :. 2) t 61w� st+r+�rk 3) 1 bYQ 8)�' b01LS S 4) 1 udgrt agx 9)Z t r' or► QCs 5)l u14u-k th3va 10) v &Kvelz ryn a 5 . Signature'of Inmate: = te: Time: :.:Signature of Jailer. i ". Date: j8/Z Time:932�' Property disposed by: =- Date: Time' . = ppopery::Persdtdnut ..... .. Name: .- • : •:�6 - .. Address: 450-7. W '�- %� `•';�1. CIS Telephone: _ �� +1 - 7S� .7 -I Signature of Officer Releasing Property: Date: . Signature of Person Pick up:Property Date: _ C• / (Include a copy of the person's identification that is picking up the property) .: orm.282S Inmate Property Dispositioq vol. 3319. 30 BRAZOS-COUNTY DETENTION.;CEIVTER I TE,.PROPERTY:DISPOSITION FORM. , .. Date. nmate Left FaciG.ty . .2(..: z . JAILIDN:318195 ..• : SO#:91395`:._ • - .:. This is to:advise you,PRICE,°JASON.:ALAN,that the Brdzos County Office;:of the:Sheri.ff wil[gant,you a period of ane week(five workins'days)to have aayone of your choi'e to pickup and/or_recetve any and. : :•. . all property that you'have:accamulate'd during'your time incarcerated in-.the:Brazos County Detention Center; In the.event.that no one has picked'up property after the expiration of :one::week (five your. working days), any and all property will be.donated to:.the Brazos;Cdu' ' •Sheriff and disposed.of to the.... persons)or organization of choice by order of the Sl enff of Brazos Count .;Texas..'Your. ro g e'r u. no- ere eus.•. o any one other t_ah the person-you desigpate.:to:pick;it,up,and can'be:picked_un :: . . from the Release Lobby.of the Brazos County Detentioa:Center 1835 Sandy:Point R' Bryan, %. 03.To avoid lonk wait times schedule'the picku6(24 hours in advance) ::' LIST OF PROPERTY::: _: . • 6 2) I ltyt .rW' Aa- MIA . . . . :;: >:3) l ��ur 101 ,'•:gm�;�. --.. g) .. ---- . . - - - ;. - s)_1�Q �olcc 10) S� afore of Inmate ,, v R r _ Date.: . .. 3 :.T'nrie: - 9 gnatur&df Jailer: ' Date: Z j • ��Turie: Property disposed by: .Date:-'- . Time:::.:.�::,�.. Person designated to'pick;up Name P Address: IN, :; a.r•. Telephone: S> nature of Officer Relea§in Pro ect .. .. ..g . p Y - ... ... .Date::::::. : -. :: := . : -- - .-.__•__:-:_: .. In 4)1 Signafore of Person Pick u Pro e < (Inctude.i ,od'.' f the'pecson's identif cation that is:piclung up the property) . .: : • :Fo�m:1825InriiatePropeny Disposition . . Vof. : 33 Pg :BRAZOS-COUNTY:DETENTION.:CENTER - INMATE.:MOPERTY.DISPOSITION FORM:: Date Inmate Left FaMi JAIL ID# 307263 :.. $U#:'60599 This is to advise you,.:BROWN,30SI-iUA, that th"e Brazos Couity:Office'of the Sheaff"will brant yoti a: pofiod of one:week (five°warking'days)"to have'anyone_of your choice to.pickup and/or receive:any and all.: foe that ou have accuinulated dune p p,rry y g your hme incarcerated:i :the Brazos Courity Detention'- Center.. In the::event that.no".one has•picked up;.your-progerty:after:the.e.htiori of oiie:weel. (five workingdays),'any and all property-.will"be donated to the Brazos,County.Shei iff and;-disposed of to the person(s) ergam7atinn of chpire hyrnriPr of the Sheriff of Romps Cp�n uipFO cF it -• not:be released to.any one.other.th�an the.person-you designate ao:pick,it_up,and can be picked up from the Release Lobby of the:Brazos County':Detention Center 1835 Sandy Point Rd Bryan;TX- . . _ 77803:To ovoid lona wait times schedule the oickup(24 hours"in advance). LIST OF:PROPERTY:. 3 8) �b :. 10) 5`1 Signature of_hmate: . s Pate: ::Time:::: . r, Signature ofJailer: Date. 2: "Z :... Property disposed by: ::. Date: Person-designated.to pick-up pro ettyc - Address. : : 'Telephone. Sigriature.of:Offcer Releasing Property. : Date: Si nature of Person Piek-u Pro ert •: :.. .$:.:..: ." :-- ".-::: :.: .: .Date;:...:..: :..:.. :� - .. :.....(Include a copy of the identification :: .e. ::: ., ..: ::.:` :.... : : . E01rri3825:Iomate Aro{ierty Disposition: _ - Vol. 311 BRAZOS COUNTY DETENTION CENTER INMATE-PROPERTY.DISPOSITION FORM Date Inmate Left Facility JAIL ID#:318327 SO#:48408 . This is to advise you, GREEN, MELODY MICHELLE, that the'Brazos County.Office of the_.Sheriff will grant you a period of orie 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' pro wtu not be re ease . o any one other than 1he person you aesi,gnate 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 nickun"(24 hours'in-advance). : LIST OF PROPERTY 6)1 PaS lr Sock. .'2) ( Dair WA4,L g M�-.:: 7) 1 Wr0. 3) 1�T28) bl� iaClt 4).. sxndie�rQ 9) :5)�thit..11YlLt�l•- Xl 10)tYil�C Q(A.t�� • - . - Signature of Inmate: Date: Time: Signature of Jailer: 2SI G Date:z 1$16'l Ti P Property disposed by: Dater Time: Person desi"nated.to.-pick up property:. Name: Address: :r� ::t(y�= -r��n%•.- Telephone : i� nature of Officer Releasin �:.S..g. 8 Property.-' . Date: .:.. ,. Signature of Person Pick up'Property Date:.: (Include.a' copy of the person's identification that is.picking up theproperty) :- Form:18251nmate Propeity 0isposklon VOI. pg: 31 COMMISSIONER COURT MINUTES OF APRIL 27, 2021 ARE CONTINUED FROM VOLUME 331 ;� ' �,.�•1!' Brazos County Template Revision 1.2 0817512012 Job Description Fr F Last Updated:-April 2021 Class Number: j 80832 Title: Temporary Attendants Pay Group: 09 Department: j Exposition Complex FLSA Status: Non-Exempt , Reports-To: ' Event Supervisor, Event Coordinator&All Managers Approved Date: EEOC Category: Service/Maintenance Position End Temporary (((( Date: Employee Signature: General Summary-�-_.___.___—.__ Performs and monitors daily operational responsibilities including janitorial duties,responsibilities and maintenance of the Brazos County Exposition Complex Including setting-up,cleaning and tearing-down events. Essential Duties: Cleans meeting and event rooms,including sweeping,vacuuming and taking out trash;Cleans restrooms,including using commercial chemicals to remove stains/odors and keeps them free of litter.Strips,waxes,buffs and scrubs floors as needed and instructed.Keeps all floors dusted,mopped, and vacuumed;Assist in painting and other maintenance projects as necessary;Operates a vacuum cleaner and hand cleaning materials,supplies and equipment;Cleans windows,doors,floors,water fountains,and furniture;Empties and cleans waste receptacles and properly disposes of trash; Assists visitors In a polite manner during events at the Exposition Complex;Keeps janitorial and storage areas dean and organized;Must be willing to work various hours as needed including nights,weekends,holidays,etc.;Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory;Assists as necessary in inventory control including equipment and consumables;Sets up/tears down meeting and event rooms,Including stages,dance floors,tables,chairs and equipment and assists setup and/or tear down;Ability to operate light to moderate equipment such as tractors with Implements,forklifts and skid steer loaders is a plus;Sets up/tears down rodeo equipment, horse stalls,cattle ties,panels and pens;experience operating a cash register is a plus. Other Duties as assigned. _ .Su envision T Received: i Event Supervisor,Event Coordinator&All Managers - Given: This is a non-supervisory position. Education _ Required: High school graduation or its equivalent;or any equivalent combination of education and experience that provides the required knowledge,skills and abilities. _ _Experience _ �– Required: I At least one year of related work experience. �- Preferred: Some experience In operating a tractor and/or related equipment is preferred j Certificates, Licenses, J C—APPRO r Registrations ! Required: None. Preferred: nr,:�ne_P-eters__ i bite Physical Demands _ 1_.'-aunty ud_ge`T V0 Typical; The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee is regularly required to sit;use hand to finger,handle,or to feel;reach with hands and awns;bend and kneel;and talk and hear.The employee frequently is required to stand and walk.The employee must frequently lift and/or move objects weighing up to 100 pounds,such as bags of mulch and rocks.Specific vision abilities required for this job include close vision,distance vision,and the ability to adjust focus. Knowledge, Skills, & II Abilities Typical: Safe operation of custodial and maintenance equipment,including the safe use of commercial cleaning chemicals.Ability to follow oral and written instructions;ability to learn the proper use of janitorial equipment and supplies;ability to make minor repairs;ability to communicate and work effectively with co-workers;ability to perform physical and strenuous work;and an ability to understand and follow Brazos County safety policies. I Work Environment ~ Typical: I The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is frequently loud.The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously,and switch from one task to another.The employee is frequently required to work under time pressures and meet deadlines.The employee may be exposed to extreme weather conditions. V®i. 3�'a Pg,_ 3 Item C;oversheet r agc i vi 1 SSB Op T}'OF 9� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 4/27/2021 ITEM: Permission to increase Diners Club credit card limit from$10,000.00 to$15,000.00 under Sheriff Wayne Dickey.Increase would be used to meet the needs of the Brazos County Office of the Sheriff. TO: Commissioners Court FROM: Summer Dubec DATE: 04/22/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Deseriation Type Wayne Dicky.odf Increase request Wayne Dickey Cover Memo RO -ev, Duane Peters Date County Judge vol. 33")0 - Pg. httnc-//hra7nc_nnvucasrenda_cem/agendaweb/CoverSheet.asnx?ItemID=23942 4/22/2021 �= BRAZOS COUNTY OFFICE OF THE SHERIFF WAYNE DICKY, SHERIFF PAUL MARTINEZ, CHIEF DEPUTY OF ENFORCEMENT 1700 WEST STATE HIGHWAY 21 KEVIN STUART, CHIEF DEPUTY OF CORRECTIONS BRYAN, TEXAS 77803-1300 April 15, 2021 To Whom It May Concern Re: Diners Club Please increase the limit on my County issued Diners Club Credit Card to help reserve rooms for various Conferences, Hotel reservations and other needs the Brazos County Office of the Sheriff may need. I would like to increase my limit from$10,000.00 to$15,000.00. Thank you for your consideration in this matter, L�? She Wa a Dicky Brazos County Office of the Sheriff 1700 West State Highway 21 Bryan,Texas 77803 979-361-4990 rg OFFICE(979)361-4900 ADmiNISTRATION(979)361-4992 FAX(979)361-4999 Vol. 3n pg. b item coversneet s'���r a,firs w y % o � { j BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 4/27/2021 ITEM: Permission to increase Diner's Club credit card limit from$1,000.00 to$15,000.00 under Chief Kevin Stuart.Increase would be used to for upcoming conferences and help meet the needs of the Brazos County Detention Center. TO: Commissioners Court FROM: Summer Dubec DATE: 04/22/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Kevin Stuart.pdf Increase request Kevin Stuart Backup Material "PRO D Duane Peters Date County Judge V0 I. 33', Pg.-u httns://hrazos•novusagenda-com/aaendaweb/CoverSheet.asnx?ItemlD=23943 4/22/2021 w BRAZOS COUNTY OFFICE OF THE SHERIFF WAYNE DICKY, SHERIFF PAUL MARTINEZ, CHIEF DEPUTY OF ENFORCEMENT 1700 WEST STATE HIGHWAY 21 KEVIN STUART, CHIEF DEPUTY OF CORRECTIONS BRYAN, TEXAS 77803-1300 April 15,2021 To Whom It May Concern Re: Diners Club Please increase the limit on my County issued Diners Club Credit Card to help reserve rooms for various Conferences, Hotel reservations and other needs the Brazos County Detention Center may need. I would like to increase my limit from$1,000.00 to$15,000.00 as we have several Conferences coming up in the near future. Thank you tc r your consideration in this matter, �cvS Chief Kevin Stuart Brazos County Office of the Sheriff—Detention Center 1835 Sandy Point Rd. Bryan,TX 77807 979-361-4996 Ic s � OFFICE(979)361-4900 ADNIMSTRATION(979)361-4992 FAX(979)361-4999 RFP#CIP 21-618 BRAZOS COUNTY BRIDGE REPAIR Max Points Knife Rivermcamon Available Corp.-South Texcon 1 Total Cost including the contingency and addenda $1,416,109.40 x$733,927,27 $1,256,585.35 Points for Cost 40 20.73 Nj40.00 23.36 2 Completion Time 210 ZZ8 150 Points for Time 15 10.71 9.87 15.00 3 Past performance on similar projects of size and scope 10 10 10 5 4 Overall experience of Project Manager&Superintendent 20 20 20 15 5 Resource availability 15 15 15 15 Technical Proposal Total 100 76.45 94.87 73.36 Committee Recommended Award: Fuqua Construction Co.,Inc. A roved b on is Court on this day of _,2021 by holding the position of v c Vol. _ 3'NIN Pg AGREEMENT FOR BRAZOS COUNTY BRIDGE REPAIRS RFP # CIP 21 -618 BRAZOS COUNTY, TEXAS Vol. Pg. Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 1 TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Vol. Pg. l� Agreement for Construction—Brazos County Bridge Repairs RFP C1P 21-618 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the BRAZOS COUNTY BRIDGE REPAIRS, Brazos County, Texas, in the amount of SEVEN HUNDRED THIRTY THREE THOUSAND, NINE HUNDRED TWENTY SEVEN DOLLARS, TWENTY SEVEN CENTS ($ 733,927.27) is entered into this 20 day of April 2021 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and FUQUA CONSTRUCTION CO., INC., (hereinafter referred to as "Contractor"). The BRAZOS COUNTY BRIDGE REPAIRS 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 21-618 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, materials, equipment and services provided or to be provided by the Contractor to fulfill Agreement for Construction—Brazos County Bridge Repairs RPP CIP 21-618 Page 3 Vol. Pg. � l 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 BRAZOS COUNTY BRIDGE REPAIR 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 multiple bridges in the Brazos County along with the rehabilitation of Dilly Shaw Tap up to the bridge. 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—Brazos County Brid a Repairs RFP CIP 21-6I8_ _ Page 4 .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury, sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not—In—Contract( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall-be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .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—Brazos County Bridge Repairs RFP CIP 21-618 II Page 5 [Vol.. 33/;, p9..J� .18 Agreement/Contract:Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .26 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Agreement for Construction—Brazos County Bridge Re P rrn -�� Page 6 31? ti v 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) specifically defined; (2) the titles of numbered articles and identified references to Agreement for Construction—Brazos County Bridge Re airs RFP CTP Page 7 3 vol. Pg. (� Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s)to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner— Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub—subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC Agreement for Construction—Brazos County Bridge apairs- ° :°gib Gly Page 8 ' 9. _ 3�J(-,z_ Pg. l LP 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. 1.6.2.6 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub- subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. ARTICLE 2 Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 9 Vol.�, 9 pg. �.►_ 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 of the Owner to exercise this right for the benefit of the Contractor or any other person Agreement for Construction—Brazos County Bridge RepairsfiC-I1 l .. _ Page 10 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 Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. Agreement for Construction—Brazos County Bridge Page 11 Vol. 3 � Pg. F 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the-Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely Request For Information (RFI) in such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. Agreement for Construction—Brazos County BridgeZ_fflFFre!P 212618 Page.12 ToV"( i. 33'� P9. a o 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. 3.3.6 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Layouttgrades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. Agreement for Construction—Brazos County Bridge RT RFP C1P 21 618 Page 13 �; Pg. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 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 enforceable directly by Owner, if he so elects, and shall run concurrently with Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 14 vol. 31 Pg• . Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for.such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion.of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub-subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements Agreement far Construction—Brazos County Bridge Repairs C P 21-618 Page 15 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 allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs Agreement for Construction—Brazos County Bridge R Vp eH,N. Page 16 under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $70,500.00 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 schedules submitted to the Owner and Engineer. Agreement for Construction—Brazos County Bridge -Q4"-!4M— Page 17 tea. 339 Pg. 5 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub-contractor represent to the Owner and Engineer that the Contractor and Sub-contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the Agreement for Construction—Brazos County Bridge Rrpaior,,RFP CIP 21-61 Page 18 . 33a P9. �-- requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all,revisions made in addition to those requested by Engineer on previous submissions, if any. . 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re-submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's.responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required ,of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other -submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10,the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 19 I aII. 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. 3.17 ROYALTIES AND PATENTS Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 20 Fv0J. 3Pg. 8 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE `INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF),INCLUDING THE LOSS OF USE THEREOF IN ANYWAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A)A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES;(2)MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION Agreement for Construction—Brazos County Bridge Re airs —-- Page 21 V0i. pg. 2 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—Brazos County Bridge -- 21418. _a _ Page 22 vo.33 Pg. 3� �. 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 228: Contractor attains Substantial Completion Day 258: 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"Engineers'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 appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner Agreement for Construction—Brazos County Bridge Repairs RFP CIP 2I-6I8 Page 23 vol. 33g, P9. 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 or failure 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 necessary by such failure, including those of repeated procedures shall be at Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 24 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—Brazos County Bridge Rei tairs RFP CIP 21-618 Page 25 va. 3.2 pg. 33 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 Surb, 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 Contractor shall proceed diligently with performance of the Contract and the Owner shall Agreement for Construction—Brazos County Bridge Re airs RFP CIP 21-618 Page 26 Vol. 332 - Pg. 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 for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 27 Va. 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 e 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 any attachments. Agreement for Construction—Brazos County Bridge Re airs RFP CIP 21-618 Page 28 V0.1. 3 P9. . 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed)or litigation of all Claims.between the Contractor and Owner arising prior to the date final payment is due, unless thirty(30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The-Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer'that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 if a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be,required to submit his decision to the Brazos County Commissioners Court for final approval. If there is a surety and there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 Agreement for Construction—Brazos County Bridg Page 29 vol. D J Pg. 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 for any portion of the work shall not constitute reason for an increase in the Contract Agreement for Construction—Brazos County Bridge Re 1=�;7 Page 30 Vol. pg. �.. 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. ARTICLE 6 Agreement for Construction—Brazos County Bridge Page 31 old. ® Pg. r3� - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable'for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Agreement for Construction—Brazos County Bridge Repairs RFP CIP 251,R Page 32 Vol. 3 Pg. _...t Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the, Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change.in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and .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—Brazos County Bridge Repairs RFP CJP 21-618 Page 33 Vol. 5 Pg. �.P 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work 'involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and Agreement for Construction—Brazos County Bridge Rcpa�irs RFP CIP 21-618 Page 34 VOL — �_ o. .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 two hundred and twenty-eight (228) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. Agreement for Construction—Brazos County Bridge RepaiPage 35 rvo w 12Pg. 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. 8.2.6 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially Agreement for Construction—Brazos County Bridge Repairs RFPFVCA. Page 36 33a P9• —!�-- 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 or re-execution of defective work, or extent of number of Engineer's interpretations or Agreement for Construction—Brazos County Bridge Repai RFP Or 21-618 Page 37 Vol. Pg. "5 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 SEVEN HUNDRED THIRTY THREE THOUSAND, NINE HUNDRED TWENTY SEVEN DOLLARS, TWENTY SEVEN CENTS ($ 733,927.27) 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. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Agreement for Construction—Brazos County Bri 'u UP W-x.1- - I Page 38 V0I. Pg. `� Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason . of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and. 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. if the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment Agreement for Construction—Brazos County Bri gc Repairs RFP C1P 21-6 18 Page 39 Pg Vol• previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub-contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub-contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub-contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub-contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Agreement for Construction--Brazos County Bridge Re airs RFP CIP 2 -6t S —__._ -- Page 40 Vol. 3,59% pg. L= 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 shutdown, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. Agreement for Construction—Brazos County Bride Repairs RFP CIP 21-618 Page 41 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 Notice of Final Completion written notice certifying that the Work is sufficiently complete WNW Agreement for Construction—Brazos County Bridg Dqaim& 119Page 42 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 paid by Owner to Contractor within thirty (30)days after final Certificate for Payment has Agreement for Construction—Brazos County Brid a Re airs RFP CIP 21-618 Page 43 Vol. 22 Pg. been issued by Engineer. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non-conforming, faulty or defective Work appearing at or after final payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND-PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a' manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub—subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 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—Brazos County Bridge Repairs RFP CIP 21-618 Page 44 V& 33� Pg.�...- 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. 10.2.6 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 all parts of Work having been completed and as such, the methods of performance of Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 45 Vol. Pa. �3 each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project.and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos.or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing,with a copy to the Engineer. 10.3.1.1 The term "hazardous materials or substance" also includes, but is not 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—Brazos County Bridge Repairs RFP CIP 21-618 Page 46 dol, , Pg. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner 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. 10.3.6 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 arising out of, or in connection with, the performance of the Work, whether on or off the Agreement for Construction—Brazos County Brid Page 47 Vol. 3 Pg. cJ� site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non-owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Agreement for Construction Brazos County Bridge Repairs RFP CIP 21-618 Page 48 vol. 3�6 pg. lJlp 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 Subpatagtaph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability:$ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises- Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate Agreement for Construction—Brazos County Bridge Repairs RFP C1P 21-618 Page 49 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. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent Agreement for Construction—Brazos County Bridge Repairs RFP C1P 21-618 Page SO FV . 3 �9 _0 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 a" Payment Bond,"each in a penal sum equal to 100% of the Contract Sum. The Bonds Agreement for Construction—Brazos County Bridge cpalo. Page 51 Vol. 3?J�` P9. 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 Agreement for Construction—Brazos County Bridge H 6 i a Page 52 vol. Pg. U0 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion arid 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 Agreement for Construction—Brazos County Bridge Repairs RFP CIg;_Jl_ Page 53 Vol. '� Pg. LE[ Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County, Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is 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; forpayment of all laborers and mechanics for labor performed; for Agreement.for Construction—Brazos County Bridge Rep Page 54 Vol. 2 Q. Pg. �0 d0 payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, 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 andinspections 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 Agreement for Construction—Brazos County Bridge airs RFP CIF 21-618 Page 55 Vol. 339 Pg. l03 required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.5.5 If the Engineer, Owner or Project inspector(if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work'or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agreement for Construction—Brazos County Bridge R Page 56 TV01.mg, Pg. �-P L Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading, demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub— subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons 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 Agreement for Construction—Brazos County Bridge Rrairrs P C1P 21-618 Page 57 Pg. � Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper'materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 . persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action; the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 58 Vol. Pg. lQ�P 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 Construction—Brazos County Bridge Repairs RFP C1P 21-618 Page 59 F�. 33� Pg. �� ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 Agreement for Construction—Brazos County BridgeI. ZT-Urcr— Page 60 TvoiNJ .-332 Pg. Lo 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 , 2021, 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 COU s Date: q—An- M Brazos County Judge 330 South Texas Ave., Suite 332 Brazos,Texas 77803 CONTRACTOR: ` FUQUA CONSTRUCTION CO., INC. ,Lih IL,klzv j iDate: hL Fuqua Constructi Co.,. Inc. Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21-618 Page 61 ATTACHMENT "A" BRAZOS COUNTY BRIDGE REPAIR REQUEST FOR PROPOSAL CIP 21-618 Agreement for Construction—Brazos County Bridge Repairs RFP CIP 21.618 Page 62 Iva 339 -1� RFP#CIP 21-625 Dick Elliott Road Reconstruction Max Points Brazos Paving LartyYoung Knife River Texcon Available IncPavfn- 1 Total Cost including the contingency $4,755,435.70 [$3T837L0 A3U $4,168,653.40 $5,764,303.20 Points for Cost 40 32.27 1111rAQ—TO—OM 36.82 26.63 2 Completion Time 290 150 210 540 Points for Time 15 7.76 I5.00 10.71 4.17 3 Past performance on similar projects of size and scope 10 8 ® 30 8 4 Overall experience of Project Manager&Superintendent 1 20 20 ZO 20 18 5 Resource availability I 15 15 0 15 15 Technical Proposal Total 100 83.03 99.00 92.53 71.79 Committee Recommended Award: Larry Young Paving AMC Com issione ourt on this �� day of 2021 by holding the position of -711 Vol. 3;9 Pg. { { i AGREEMENT FOR DICK ELLIOTT ROAD RECONSTRUCTION RFP # CIP 21 -625 BRAZOS COUNTY, TEXAS Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 2 voi. 330( pg. TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11 . Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 2 Vol. 3 pg.,�_ AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the DICK ELLIOTT ROAD RECONSTRUCTION, Brazos County,Texas, in the amount of THREE MILLION, EIGHT HUNDRED THIRTY SEVEN THOUSAND, FORTY ONE DOLLARS AND THIRTY CENTS ($ 3,837.041.30) is entered into this 27 day of April 2021 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and LARRY YOUNG PAVING., (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 21-625 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—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 3 Vol. 339 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 DICK ELLIOTT 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 Dick Elliott 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—Dick Elliott Road Reconstruction RFP CIP_21-625__._ Page 4 Pg. .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—Dick Elliott Road Reconstruction RFP C1P 21-625 Page 5 Vol. 22pg. .18 Agreement/Contract:Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and.any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials,- equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb,with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 6 va. 33q pg. 11 - 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is.to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub-contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. 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—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 7 specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 in the interest of brevity the Contract Documents frequently omit modifying words such as"all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall_be enumerated on attachment(s)to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner— Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer,,and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub—subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rig hts. Agreement for Construction—Dick Elliott Road ReconstructionRFP C[P 21-625 Page 8 Fv0,. �3a pg, 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM , 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub-subcontractor, and material and equipment supplier, or other 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—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 9 vol. 3 P9• 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 I 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 fumished, 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; Agreement for Construction—Dick Elliott Road Re ^-Dom.^ Page 10 Vol. 3 Pg. _ al— however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled to be done subsequent to the Date of Substantial Completion 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. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 11 Vol. 33� pg. g� ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is,the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in, number. The term "Contractor' means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the 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. j 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information fumished by the Owner pursuant to Subparagraph 2.2.1, shall take field-measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating. construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall-be reported promptly to the Engineer as a properly prepared, timely Request For Information (RFI) in such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable.to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, Agreement for Construction—Dick Elliott Road Reconstruction 3� Page 12 pg. omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform' the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 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 Wofk 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 layout/grades; will be per plans. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 _ Page 13 Vol. Pg. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 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 Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 14 Voi. 332 pg. 85 Contract, whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same,shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. . 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of,the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 15 vol, 33� lag. 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 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 Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 16 va 339 Pg._L_1 discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $150,000.00 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 Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 2I-625 Page 17 Vol. Pg. schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12..4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to,conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 0� Page 18 Iva 3� Pg. � I Contract Documents and approved by the Contractor may be returned by the Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub-contractor represent to the Owner and Engineer that the Contractor and Sub-contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing, or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re-submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services-in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. - The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other Agreement for Construction—Dick Elliott Road Recons a-R3rP C Page 19 vol. P9. . t o_ submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, The 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. 3.16.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof Agreement for Construction—Dick Elliott Road Recons Page 20 shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall 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- fumished to the Engineer. 3.18 INDEMNIFICATION 3.98.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE `INDEMNITEES') FROM AND AGAINST ANY AND ALL CLAIMS, LIABIL/TES, 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 THEREOFIN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR 1N CONNECTION WITH: (A)A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, . SUB-CONTRACTORS, SUB-SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF' NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (9) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES;(2)MEANS,METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER Agreement for Construction—Dick Elliott Road Reconsup rT " ^s Page 21 F.VOI. 33a Pg. THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 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, Agreement for Construction—Dick Elliott Road Recons 22 Page 22 Iva Pg. qq 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. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK (at a maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 150: Contractor attains Substantial Completion Day 180: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term"Engineer"means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 �, Page 23 Vol. Pg. 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. ' S 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods,techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection With the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule.The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for Agreement for Construction—Dick Elliott Road Reco 'nRFP CTP 21-625 Page 24 TTa. 33a pg; 3� implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority.of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at 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, Agreement for Construction—Dick Elliott Road Reconstruction RFP C 2 - .._ ._.-- Page 25 Vol. 33dZ Pg. 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. 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 Agreement for Construction—Dick Elliott Road Rc Page 26 19®1. X39 Pg. �� recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub-paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall 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, Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 27 'i✓�. 33a pg. 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. 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 properly 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. Agreement for Construction—Dick Elliott Road Reconstru " �,. _ i Page 28 Vol. 31;k Pg. 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 any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed)or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty(30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any,the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there Agreement for Construction—Dick Elliott Road RecoPage 29 ,v®!. a pg• -fiL 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. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. '-The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub-subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including, those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of.the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. Agreement for Construction—Dick Elliott Road Reconstruc' Page 30 Vol. 3�� - Pg. F 5.2.4 The Contractor shall not change a .Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. 5.3.1 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 Contracfi 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 willbe 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. Agreement for Construction—Dick Elliott Road Reconstruct ' ' 25 Page 31 va. S W Pg. 0� 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. '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, wlio shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including,without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to'report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21.625 Page 32 [ 1 vao33�? Pg. 103 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and 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. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 33 F OI. -33 Pg. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be-based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor.does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditutes 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; Agreement for Construction—Dick Elliott Road Recons a _ Page 34 V�.3� Pg. �5 .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following,schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than one hundred and fifty (150) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-62 �_ Page 35 Vol_ .3Pg. Imo. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in. the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. . 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.6 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, Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 `` Page 36 Vol. 33�z Pg. working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by.Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. Agreement for Construction—Dick Elliott Road Reconsi=tion BETCIP 21-625 Page 37 V®!. Pg. _ 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is THREE MILLION, EIGHT HUNDRED THIRTY SEVEN THOUSAND, FORTY ONE DOLLARS AND THIRTY CENTS ($ 3,837,041.30) 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 Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 38 , Vol. Pg. a�_l and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and, 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in 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 Agreement for Construction—Dick Elliott Road Reconstruction RFP C1P 21-625 Page 39 Vol.3 Pg. Engineer is able to make such representations to the Owner. The Engineer may also decide not-to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for.Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of. .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub-contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion, to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub-contractor any due amounts in accordance with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. 9.6.3 The Engineer will, on request, furnish to a Sub-contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub-contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 2I-625 Page 40 1/0!. a Pg. I amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days'written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner ca_n 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 Agreement for Construction—Dick Elliott Road Reconstruction � Page 41 v�. 332 Pg. .�1--- the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time Within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, .utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the' Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 42 Vol.te ' 12� PQ• J inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate,with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or,allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to 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. Agreement for Construction—Dick Elliott Road Reconstructi ' �I "�! q Page 43 Vol. 3 Pg• 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10AThe 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. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities (including reference standards issued under the Occupation Safety Act and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and. maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 44 Voi. Pg• posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel -and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages;claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages,claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 45 vet. �31), Pg. IIC.o 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and .regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Docurpents 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 Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 46 Vol.�� pg. i i�_' waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities.who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attomeys' 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. 10.3.6 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. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 _._. Page 47 V®I. 33a pg. La . 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which}are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a.person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. Agreement for Construction—Dick Elliott Road ReconrructionRUFCIP21d325_.--.---- ---- -- - Page 48 ' (6) Owned, non-owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall.predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability:$ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises- Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 //���,� Page 49 Vol. 3 Pg. "..J. 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) "Texas Waiver of Our Right to Recover From Others Endorsement" " shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non-owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given.to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Ownee, 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—Dick Elliott Road Recons c'onBF�rIP_? �___ _____r �� _. Page 50 Vol. 33a Pg. 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 Agreement for Construction—Dick Elliott Road Recons tion CIP 21-625 Page 51 Vol. Pg. a�` Company of the Contractor's choice, generally referred to as a "Performance Bond" and a " Payment Bond,"each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to 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 fWork 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. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 52 Vol. 3a Pg. �3 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1)year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one(1)year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work-which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which Agreement for Construction—Dick Elliott Road Reconstruction RFP CiP 21-625 r Page 53 11of. 33a Pg. o�� proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers -to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. if the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County,Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal. representatives of such other party, in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is 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 Agreement for Construction—Dick Elliott Road Reconstruction RF - Page 54 services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, 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. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 55 V®I. 3_310_� P9• t �� 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.5.5 If the Engineer, Owner or Project inspector(if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.. Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 56 Vol. Pg. �- Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading,demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub— subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute.in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons 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 Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 57 FV(A. 29 P9 . 1 7 Documents with respect to matters important to the progress of the Work,the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2.- 14.2 4.1.2:14.2 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 Engineers 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—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 58 Vol. �3a Pg. 1-. 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 Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 59 voi. 339 pg. leo ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258,Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's , 20A. meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS Date: Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: LARRY YOU ING Date: 2 L rry Young Paving Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625. Page 60 voi. 339 pg. 1� ATTACHMENT "A" DICK ELLIOTT ROAD RECONSTRUCTION REQUEST FOR PROPOSAL CIP 21=626 Agreement for Construction—Dick Elliott Road Reconstruction RFP CIP 21-625 Page 61 ��_ ....».. _ .. !:`.�: �-�:.,_....I^-_.�._._j`_..e...�._ Imo:.`.._..-. _w:-.�.:•'-'--��-._._ - � '.. -...- .-wEF ISO ------------- Vol: 32 Pg I item t;oversneet 1"6%' 1 .,1 1 fl BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 4/2712021 ITEM: Approval of No Award for IQ 21-119 Herbicides and Surfactants due to receiving one incomplete bid. TO: Commissioners Court FROM: Kaitlyn Battles DATE: 04/21/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No AUachnen,sAvabble -A"ROWD 2:u Duane Peters Date County Judge E Pg. t,s+.,�•//4.,b�..�,,.,�n,oaRPnria [/�TYI/AQAt1(AWP.�I/C�(1VP1C�P.P.t_S�CI1XITtP.1T1tD—Z.797O 4/21/2021 item t;oversneet fl lb ri TY OF a BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 4/27/2021 ITEM: Approval of No Award for RFP#CIP 21-569 Jail Shower Renovations due to limited responses. TO: Commissioners Court FROM: Kaitlyn Battles DATE: 04/21/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvpe No Attachments Available "PRO�lE° � Duane Peters Date County Judge E j3 Pg. 136- l,ttt►c•�Ihravnc„��„icavPncfa.�nm/auendaweh/CoverSheet.asnx?ItemID=23932 4/21/2021 Brazos County Purchasing Department ore 200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)3614293 April 20,2021 Usio Output Solutions, Inc. 2416 Brockton St.,#105 San Antonio,TX 78217 Be.* EOenslon of Contract#20-105R for Jury Summons for Brazos County,previously known as #19-113R, #18-123R and#17-004. Brazos County appreciates the quality work your company has provided and would like to exercise the extension option for Jury Summons#20-105R,previously known as#19-113R,#18-123R and#17-004. All terms,conditions,and pricing shall remain the same,as Brazos County is utilizing the Travis County contract#4400003179,Printing and Mailing Services, Modification No. 8 and the Brazos County Service Contract.This extension term will be for two months from Apri125,2021 through June 30,2021. To accept the extension option, please fill out the information and sign below. Return the signed documents by email to Lmaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit an. updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions,I may be reached at(979)361-4284 Contact Name: Sy Green Title: Senior Vice President E-Mail:sv.greenQusio.com Fax: ?j 0 Z 7� U,1OUTPUT SOLUTIONS,INC. April 21,2021 Authorized i nature Date o AZO OUN Duane Peters,County Judge Date Voi. 3351A Pg. 13u -----.�.._.. -—r— - ---- --- - -- - ------- ---- -- V24.0 Page a MODIFICATION OF CONTRACT:4400003179,Printing and Mailing Services ISSUED BY: ISSUED TO: Travis County Purchasing Office Uslo,Inc dba Uslo Output Solutions,Inc. P.O.Box 1748 2416 Brockton Street,Suite 105 Austin,Texas 78767 San Antonio,TX 78217 Contact:Sara Kassem Attn:Sy Green Tel.No:(512)854-9882 MODIFICATION NO.:8 EXECUTED DATE OF ORIGINAL CONTRACT:February 21,2017 ORIGINAL CONTRACT TERM:February 25,2017 to February 24,2018 MODIFIED CONTRACT TEAM END DATE:April 24,2021 ORIGINAL CONTRACT AMOUNT:Estimated CUMULATIVE CONTRACT AMOUNT:Estimated Requirements MOD.8 AMOUNT:Not Applicable Requirements Note to Vendor. Court Approval Required? ❑ Complete and execute(sign)your portion of the signature block section as tagged below. ❑ Yes ® DO NOT execute. Retain for your records. ® No; DESCRIPTION OF CHANGES:Except as provided in this Modification 8,all terms,conditions and provisions of the Contract referenced above,as previously modified,remain unchanged and in full force and effect. A. The purpose of this Modification is to extend the Contract term for the final one(1)month extension period,in accordance with the"Special Provisions," Paragraph 3, "Option to Extend." 1. The contract period is changed from February 25, 2017 through April 24, 2021 to February 25, 2017 through May 24,2021,a 1-month extension. LEGAL BUSINESS NAME:Usio,Inc dba Usio Output Solutions,Inc. DATE: BY: SIGNATURE BY: PRINT NAME TITLE: ITS DULY AUTHORIZED AGENT TRAVIS COUNTY,TEXAS os 4/15/2021 BY: �°°`"w°°`°er: A.�•� DATE: pd1A AA it_C. ALM. J I BONNIE S.FLOYD,NWp0BZorM.a,T AVIS COUNTY PURCHASING AGENT TRAVIS COUNTY,TEXAS BY: Signature not required DATE: TRAVIS COUNTY JUDGE ' r JURY SUMMONS NOTICES CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S.Texas Ave.,Ste:-352 IQ Request N6.17-004 Rryan,Texas 77803 Pagel of6 Pages Telephone(979)3614294 GENERAL REQUIREMENT FOR CONTRACT 1, as a.duly authorized representative of.'' Informaiion Management Solutions "Contractor" 'willingly attests to perform (or.deliver) as.per 'Exhibit "A" Printing and Mailing Services Prices and Exhibit"B", Contract#14401.0003179 �ith'�'ravis County, for Brazos County,�Vith the term of March�7, 2017 to February 25, 2018. -I further agree to all of tltc provisions and specifications contained in this contract. ASSIGNMENT The-.successful offeror may not assign,sell or otherwise transfer1his contract%without written permission of Brazos County Commissioners:Court. -Should.therebe a change in ownership or-manu�ement; the contract shall be.terminated unless a mutual agreement is reached with-the new owner or manager to continue the contract with its present provisions and prices. AWARD. Brazos:County reserves the right to award this contract on the basis of LOWEST.AND BEST OFFER.in accordance with the laws of theState of Texas;to waive any:formality or irregularity,to make awards to more than one offeror,,to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County-Judge or other person authorized by Brazos Count} Commissioners Court must sign-the.contract before it becomes binding on Brazos County 'or-the offerors. Department'heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this .purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in.this contract are estimates.-only.' Brazos.County does not guarantee to purchase any minimum quantities or services other Phan those listed-on a purchase order. CONTRACT RENEWALS. Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non-response. vol. 331), Pg.-3'9- IQ Continuation Sheet IQ Request No.17-004 BRAZOS COUNTY,TEXAS Page 2 of 8 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate Iimits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS&TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by-Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropfiate 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 locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty(30)days in advance. INVOICES &PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty(30)days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Vol. Pg. 13��. IQ Continuation Sheet IQ Request No.17-004 BRAZOS COUNTY,TEXAS Page 3 of 8 Pages Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. Retainage of 5% will be withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete and receives all warranties, manuals, releases of.lien and other closeout documents. Upon acceptance by the County,retainage will be released to the contractor. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, &eight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ,unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be fiunished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. 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 tenons, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor;the terms of this contract shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and. regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. v®i. 33� IQ Continuation Sheet IQ Request No.17-004 BRAZOS COUNTY,TEXAS Page 4 of 8 Pages If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be-that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new,unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer fiunishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and.not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County, must fiunish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County)licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $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. (TLC Sec. 401.011) Vol. 3g Ing. t_.�- I i IQ Continuation Sheet IQ Request No.17-004 BRAZOS COUNTY,TEXAS Page 5 of 8 Pages (2) Commercial General Liability Insurance with a$2,000,000 Combined Single Limit. The policy shall be on.the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without yrior gpnroval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non-owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at_least 30 days priorwritten notice has been given to Brazos County. LIlMTATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for.the Contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials,logistical support,equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: Vol. 33,0_� Pg. l �-a IQ Continuation Sheet IQ Request No.17-004 BRAZOS COUNTY,TEXAS Page 6 of 8 Pages BRAZOSCOUNTY: Brazos County,Texas Duane Peters,Brazos County Judge 200 South Texas Avenue,Suite 332 Bryan,Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this conreact shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. i Vol. 3 Pg. � IQ Continuation Sheet IQ Request No.17-004 BRAZOS COUNTY,TEXAS Page 7 of 8 Pages AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving,replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision.of this contract. , The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend,indemnify and save harmless Brazos County and all its officers,agents,and employees from all suits, actions, or claims of any character,name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance,order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos .County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees.' Vol. Pg. ��� IQ Continuation ghek IQ 11q0dt No..17-004 BRAZOS COUNTY,TEXAS -Page 8 of A Pages CERTIFICATION OF BID AND NON-DEBARMENT Brazos County is federally mandated to adhere to the-direciiong.provfdod in the'Presiddrifs Executive Ordet--(130) 13224, Executive Order on. Terrorist Financing -.=Blocking Property and' Prohibiting Transactions Vith Persons Who Comm.-it, Threaten. to Corii'mit, Or *Support Terrorism, effective 9124/2001 and any-subsequent changes made to it via cross-referencing r0spPodents/VtOd ors With the :Federal General Services Administration's Ekc-lu4ed Parties List Syst6rii (EPLS, httVs*/A%;%,Nv.sam.P_ov). which is inclusive of the United States Treasury's Office.of Foreign Assets Control (OFAC) ­_ Specially Dcsign6ted NatlonW (SDN.) list. Respondent certifies that the responding.entity and .,its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment,, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is' in compliance with the State of Texas statutes And rules relating'to.Procure.in, en(afid that Respondent is not -listed on the federal government's terrorism Watch list as described in Executive Order 13224.. -Entities ineligible forfederal procurement are listed at h'Ms:1/%%w%,.9am.gov. The undersigned further affirms the non-debarment statement above, that they are-duly authorized execute this contract,that this-bid'has not been prppared in collusion with - ' any other vendor,and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Title: V,ce pp, Typed'Name: X e t-Lt-Phone No. .010 4— q"-.T q- Company Name: K6A44'a 'Email Address: Ke 4-0. r7-e Mailing Address: 2 4-1 G k-0 C-.r tOA, 5-4 il/6 51',f.,14--,Aa e,4*, 7P2/'7 P.O.Box or Street city Ste Zip Employer identification Number. :Z -2 7 Social Security Number: r t App ed b Commission s Courto 0 wr,_ day of A lft1 2017 by 'A�11. L4�2102 "Ing thepositionof Vol. Ing._Lt5 ti • • IR r Charge Per Item Per Item Laser Printing: Front Side -Laser print variable data and all static content in black toner on the front of a page of 20#. 8.5"x11",white bond paper. 1/0 Summons 50.035 Laser Printing: Back Side -Laser print static content in black toner on the back side of the page of white paper. 011Summons 50.018 File Preparation Summons S0.010 CASS& PAVE: Address and mail certification and presorting to provide the lowest resort rate offered bV the USPS. Address 50.025 Folding- Auto fold each summons prior to inserting. Summons 50.010 Inserting: Auto insert the summons in a No. 10 envelope- Summons $0.010 Charge Per Item Per Item NCOA Addressing Correction: Brazos County(County)has the option to NCOA process the addresses in its print data file montly at the"Charge Per Item". Should the County wish to NCOA process sill of the addresses in its complete Jury Pool address file,it may require custom programming for IMS to be able to provide the addresses changed to the County in a format in which they can be easily imported back into the County's Jury Pool database. Should custom programming be required,IMS would first provide the County a firm price for programming the data so .that it can be imported back into the Count' s data management system. Address 50.0100 E' f 1 Volume Per Charge Per Extended Item Per Month Item Total Envelopes: Standard No. 10, single window(or double window)white envelope.diagonal seam with an inside security tint, Offset print in red ink text that is supplied by the County. (2/1) Envelope 1 25,000 1 S0.0295 5737.50 Postage: All postage required by the United States Postal System(USPS)must be paid in advance of its use. IMS will bill the County for the estimated amount of postage required to mail the number of items being mailed. Each mail piece will be processed according to USPS standards for First Class Letter Mail to provide the lowest postage rate offered for this category of mail. The process is commonly referred to as CASS&PAVE.The CASS &PAVE process presorts each mail piece to USPS standards and certifies the presorting process to the USPS. Any mail that does not quality as"presorted mail"will be mailed out at the full First Class Letter postage rate. Vol. 3 Pg. 1��0 Item Coversheet Page 1 of 1 pT B Op oG�rr of 84`rryo BRAZOS COUNTY BRYANJEXAS DEPARTMENT: CC 2021-utility Permit-Wellborn Road and Bridge NUMBER: SUD-River Oaks Dr&Hopes Cree Rd-Water line crossing&1, DATE OF COURT MEETING: 4127/2021 ITEM: Consider and take action on the Wellborn Special Utility District utility permit to construct a roa bore for a 2 inch water line crossing under Hopes Creek Road and to lay 1,200 feet r longitudinal line within the right of way of River Oaks Drive. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 04121/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit- Wellborn SUD-River Oaks Dr& UtTN Permit- Wellborn SUD - River Oaks Dr Hopes Creek Rd - Water rine crossing 1 200 feet of longltudinal line.odf Hopes Creek Backup Rd-Water Materla line crossing &1,200 feet of longitudinal line APPRO 23 -2 Duane Peters Date County Judge Vol. 3 Pg. ILkrl APPLICATION'FOR WATER UTILITY PERM]T_: ; DESIGNATING PLACEMENT OF-UTILITY IN COUNTY-.RIGHT OF.WAY TO: ..THE COUNTY ENGINEER OF:BRAZOS COUNTY,TEXAS . . Pursuant to'tI" Texas,Utility Code, Section- 181.024, comes now Weilbom'SUD' hereinafter_referrM to as"Company"a Texas Corporation, with authoritya0 transact:business`in:Texas, acting by and.through its duly authorized•repcesentative,`and hereby petitions iiia County Engineer.for the right to lay, . construct, maintain; repair andlor.operate a gas facility tinder;over, across:and/or?along:certain County Roads*:' s :. . shown.ori drawings and diagrams attached hereto and said Ideation described-as follows: Facility'to:.Cross.Road.':: ?' Length of .,TYPE.OF.CONSTRUCTION. Road Name's Black Number.. CrossniCHECK ONE . . ...w. . .: Bored.;. Jacked :. .. -'Driven Cased Hopes Crock . s0'. : .. rscili to Parallel Count Road Within Ri Way and$lock- ; Number From .. . To De... h. ..... DisEance River Oaks Drive :: 3t;":: 1200' - CONMUCTiON TYPE. 2 Diameter .10 Will Thlckness Materiel Specification PVC Pipe Maximum operation Pressure 200 p51' The location'end description of the proposed installation and appurtenances.must_befully ahorvi.::on:aha attached :`:detailed drawings: The Com an shall commence actual-construction/work.in good faith within 60:da s:froin.the' 'date,:of said Penn it,'and_. `shell complete said construction/work within :15 .working''days.-;(COMPANY MUST-ML:IN). If such,. -: construction is not begun by the 60U!Aay;Company will lie required to:apply for a new:p6ftWt. Company.declaies that prior to fling this:application,:rt has ascertaine'dahe.loct3tion-of All existm .utilities .both'aerial and.underground;:and the.f ling of this'applil.cation'is prima facie evidence.that the proposed installation will not: conflicfwit 1 any existing utility.- Acopy 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 perrti' 'ye use:onl and That the lacjng.of faailtiesAu Qn .' Y.':: .. , . ... ...P asst public property pursuant to:this perrnit shall riot operate to OtOate or vest any pidoe4yykig4t in said Bolder mq ... Itis understood,and agreed,tliat the rights:and privileges herein set out,a" granted drily-to the eXtent of:the County's`,. right,title and interest rn the;land to be entered upon and used by the holder and the holder-will at all.tirries assumeiisk :: ... . .. .... of and.trtdemni ' , :defend aiid save.harmless Brazos County:from and against any and:all Goss 'datriages, cost or ' fY expense arising m any manner on account of the 6xerctse.or attempted exercise by said holder of the aforesaid rights : .: . . and rrvtle es :. .. :: t :: •: v �. _.. . " :'..'..: am . .. ........ .. ....... ..... '..:':'::::'::::::..::, tuoa pnsula911?nn B.In: a qty . w. PPV 05 �a. us aua .. ...... :. ..:... ' .......... ... ... ........ .... auigH'�tut;dw00. U[IS.UJOq ... . .. ......... . 'jluuad s�y�u�.papTiloul'suoislnoidjsuola[puo0 saai�ti�tusdiCid � dar o;piziopUMjuron .9u �s f - u ; ua $ :.:. . .'::'. rrol-J,arllJs:'u.o�-p.8-:u'•�r� :. : :. _ ..:.: ,• . 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P JCVA �O'SJ.H 'I2i K.MO�'SOZtl�ig.'I�I Q�l1Qhi00"3iHOM ZI03 S,LI�I�IAI�2IIf1�?�: RIOIlava .X,L�B QN\r Sdav"": $:NPISIQ-A Lmaoo S:0-2va-se .01009 payos0s uolisllmsui pies a iioi�a suoo in. aamiiu luno:: 'a:' iTs:'slau0tssTuiwa fano `a 'o'sa cu:' e'' ini it duioa 0� same�U dd M P::'.; •pantaoat s<UOgBatiddg_aja[dut0D 1a T::S.mm ON se�UO S8 a tai ItEliLa3l S Ja2tt1S �tjuno:..o tinoTdd .. Blti�iSa S .. 1g:a�j O s�iaa:.:a gD..pppg �Cq panoldds, aq Isntu:suo>>eo3iaadS.asay; utoi J.iioi�T:Ii►ap:lCuy' ..' WATER UTILITY APPROVAL Brazos County offers no objection to theproposed location of the utility.in the County.right of way as shown:by w accompanying drawings and notice dated except as noted below: (MonthMay/Year) EXCEPTIONS: o► Brazos County Engineer : Ri `�l,F• :fi.. r L fir,\ r4 �r ^ - �`,. !, j 9 oe Aid I Al 40 600 Jt oPg. BRAZOS'COUNTY ROADWAY SAFETYAND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF:WAY A. General Reauiremeirls I. 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 BMPp)to minimize'erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property.-.All County Right' f 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. . S. 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 permitlee's plans shall inconvenience the public.: If itis determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an'ahernative exists_so as not to inconvenience'the public: B. Safely Reguirenrenls 1. Proper traffic control_measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic ; Control Devices(TMUTCD)."See Traffic Control Requirements below. 2. " Duri6g 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, may be necessary,in order to safely conduct the public through theproject area.'Company;shiffprovide 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,'mainiained and/or repaired so as to constitute " . a danger or hazard of any-kind io 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. Ecceptions may be appcoved� : by the County Engineer. C. Traffic Control Plam 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'ovemight,requires specific nighttime traffic control measures pursuant to.the TMUTCD;. i/oL 3 ego i b.'._ If construction.is within ten(10)feet of the roadway; or C. Any work performed in the road right-of--way; . I Plan must be-attached to the permit and kept at the job site anytime work is:being performed. I. Plan most set forth the tini 'of completion for th6 j6b. : :.:.D .Design Standards. l. All overhead installations shall conform to clearance standards of the Te.�as Depaitmgtif.of Transportation:`:' ;... f the* . .... .-and.the pole.be"plac:ed in the designated area for power specified asset forth in'the Teras i t es."Code, Sectlon781.045... : . 2. ; All pole instillation.(' cluding lighting)shall be placed at the liackside.oFthe:Right of:Way fo ensure'` safetytoahe public. Anypole placed in violation.of this requirement will be required to 6 itioved appropriate location.at the company's expense.. Exceptions maybe approved by the County Engineer:=' .. ... ..... ... 3.- All"under ouud installations shall these are minimum de the _iitil 1 .,.� P. .— . tymay place deeper)::::'.::'; a, :be placed at a minimum depth"of forty-eight(48)inches below the:top.:of the Pavement, b. beat least thirty six(36)inches below ditch flow'iine when.installation:is within the,area measured ::firqnf.t6O of bank to t6p of bank; c: :lie at feast fo : ity=eight(48) inches below ditch-flow line if low pressure gas or petroieum:Iines.=For high pressure gas and petroleiim:.lines,aee.High Pressure Pipelines requirements listed.below; d.'. .not be closer than ten(10)feetfroin m the edge of pavement.Exceptions ay apply'in rights of wayof: :-ie et: ..than 60 fe :. ... 4. Watef Lines: All water lines must be a minimum 36-inches'below.the ditch flow line and cased. Waterlines shall be cased if crossing tinder the roadway. - 5. Utilities in:all new.developments:th'it have 60 feO'or greater of right of way shalt be installed.within'.' ::designated locations based upon tlie.type of utility. The locations shall be as follows:.(measured from,: bacl.6f right-of:way). Power--0 to 1feet,nominally:l' Phone=2 to 4 feet,nominally T Gas 4.to 6 feet, nominally 5'. :Cable_6 to 8 feet,:nominally:7.'.. 6. Utilities.with lessah'an 60 feetri t-of-wa in all:tiew develo ni&its'shall ins::Wl'the ufili ' :. .l;h Y P ty:in a similar manner as referenced in No.-3 above• however,:the County Ei.ngineer or its designated representative .._.- .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`4t}0' if left;o en over.nt ht or unattended pe g- 8. Crossings under.a countyroad shall: a.,:,.b bored or jacked.ABSOLUTELY,NO OPEN CUTS.WITHIN COUNTY 1ZOA`D.PAVEMENT b: be pressure rooted for the full len of the erossin .f the annular's ace between 6t a and cairn and s b' Z;. .: P. PSP. ..g.: ...soil.excee.s one(1)inch. Brazos'Coun must be given 2'l_hours notiee.of pressure groytiiig :operations and have the opportunity to have an inspeetor'on site to observe pressure grouting . operations;... : . :. c. __TxDOT Standard S ecilication Item 476 shall be followed for all boring,jackin ,tunnelin and Dints :. : :.::... ..._' 9: Bore:Pits: . .._• . .- . ..: . . . pits:shall.remain open longer.than 2.days; b.: all pits shall have proper traffie_control measures in place:See Traffic Control Plan.listed-above.::.:.:.;:.:::: c.; 'pits shall NOT be located within ten(10)feet from the ed a of avement.without rior.a roval from the County Engineer or his representative; - - d, when pits are to remain open for more than 8 hours,due Bili ence will be.used in rvtecfin the s oil' - pile to prevent drainage problems; ` C. based upon soil,conditions;the Count .En"i' er or his re P_reseatative 'may.re uireshotr'm p to p rotecf . .. : q 8 avement rote i f.,:::based upon soil condition§ the Coun En Aineer.or his re resentative'ina require pi-6- ,... tY ; g P Y q , p. P further from the edge:.ofroad. 10.- Ari installation within ten 10 feet of edge'of avement shell meet the followin . Y (:. ) P g -. a. . lacation:must be approved by_the County Engineer or his'representative b, backfilled with`cement stabilized material.:: c.-,;based upon soil•conditions,the Coun En ineer or his re resentative'ma ie uire shorin to tY:: .g p:.. Y q .. g .. - ro tect avement inte i F•... P tY; d.:: all'excess water-and mud shall be removed from'the trench prior to backfilling::Any backfill placed:, Burin arainy period or at other.times.where excess*water:caiinot be preiiented from,enten g.the g. -trench will be considered TEMPORARY'and.shall be re laced with PERMANENT.cement stabilized material as soon as weather permits; _ e. :ali:disturbed base and paveinent materials-shall be removed and restored to;the satisfaction=ofttie` ; `` County Engineer or his representatives.: E no side or lateral tamping'to .fill voids under the base and pavement'niaterials 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 an`'other. ortion of the ri t-of wa ,Cam an will.be Y P. gh Y P Y responsible for repairing the daniage.and replacing the eight=of-:�qay to the condition it was prior to commencing construction; I!' eration of comftction.and/or maintenance.e: ui nient-on die.traveled surface.of any im roved Coun - road Will'not be' permitted,except in an insiance'whereby the.laying,construction,maintenance and/or repair of cables,conduits and/or pole lines"tannot be accomplished by any.other method and,in this event all such equipment shall be of the rubber tire vane A ro riate traffic.control shall be' rovide3 ..ti, . . tY• PP.. P.. F . meetmg;;TMUTCD requirements.. 13.. In the event said construction and/or maintenance.arid/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 securm _neces5ary repairs. Said bond amount will be determined liy the County Engineer: .:. . . : . 14..The applicant shall submit a letter,of _No..Objectton• from the-:Army Corps:of.Engineers for all i des . . grated wetlands and environmentally:sensitive la"rids.. '_.E --Enierpemcc work 1. :In the event Company:isreyuired to perform emergency services,that requires:escavation in:d County Right of Wa ,and unable to noti the.Coun En ineer riot-to cdtiductiii eme enc :re airs;Coin an' g . . y �' : h'.. g P. .... 8 Y P shall notify County Engineer within 24 hours of beginning construction/repairs. This willallow the County.Engineer's Office an opportunity to inspect the site to ensiire the integrity of the County Right of Way:and traffic safety controls used. .. F.•:Repairs to eristinn 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 apermit has been obtained.. G Relocation of utilities .1. When And,ifthe County Engineer determines that it is necessary for the construction,'i'epair; 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,anti 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 inforination 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 iriforination is to be•supplied . for both the carrier pipe and the easing. .. .3. Assurance'must also•be given that tlic.installation material and designmeet the minimum Federal Safety`::. Standards for Liquid and Gas Pipe.Lines. Assurance must be:provided on company'letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grader 'Special Requirements Encased:Pipe.. Less than 10' : Must be covered with concrete pad at least 36"deep . Encased.-Pipe Greater than 10.' No concrete pad required : - Non-Cased Pipe Less than 14'. 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"•11inimum. 5. Under no circumstances will a pipeline be installed parallel to.a.County Road within the Right-o.& Way. Transmission lines have beer'.determined to be petroleum pipelines(which includes natural gas lines)and shall not be,parallel to a County Road. 6. NaturaTGas Distribution is a line that serves the .ficial custgmer.:. v�: 332: gig.. 3 LEGEND rr 1 _ t7J.a llgrlona, ■a�ao�attxuq Itn,cae I.•,. fiY. I I rs rRom�c: — it sWi", sums �i.r`»rne�,ao i• 4'� _ .- - �• AIdID - I � -: �ttnite,�antaa - 5 Kr1mh ao9mh cr m,o a n naatm um rva u>e.ma stm'vam a . ROAR d =a•. V I v .ADIM 1. stn;: 7tmftc na. a gg _a, aa I Alaao ( slm�vh n• 6 Q naa flp rlaoper j' 920-2 gE� so.x raea. :.La0$o'0w `SIM tPEa•ro nNUO I .-.' •' .a�y `li .. I 1�° rim m!wo' :7?' g g CO rr . IS rsae roe.a4.. F._ •u'z IT ... : .. - �:b I" Isr,fia• 1` a7 m TLY.. . 04! vlaYi yb:S : _ 39 l• �S•2t3•:.s• 35•. T7• Isw 1 iTp b 6 ho 'I' -1.. •o '0 xes'as•m• a• a z1o• Iss•- �yr8' I5 ef7 19s 570 Is .gp am IIS ri. I I so sm coo 57 Itw wr za S57 105.aw 'SS•' '110•.. SCO•. `•: Y: :: a c. - - - `:1 w. t S; 607 M'720• •6 rTO: p00•• ]SO• s�. :,'-b I:: 'I`. • • y Ila' � ,. b a� "� •Y �'.�: 45D'715'T60• 45' •1]0•:'..107 . . .� Tao'770'067 77 110• 100• IrQ11.o• 75 7'4'.m"900• is• ISO• 9J0' SIO•.- - "' .F,;,;,i ISia tla� W net forOml. N Cm.mrt•,Ol t::.,mtr .'. . Oi1�aR .fm nTana 1.4f1 r—b au,0la.afr_ modDI. L•lepafi oxr ■•qam m Ofrarml 5•Ibsrm saaA,WO & - '.•�..: .rc.mon rm•la.'!` - :."b d' I.:.. TIP1UL USAGE as a eJtisa II mlar.mhaffte by'. . D o. 30- m �` m al l e W eri7ao --- - �� . mamali 1 .'I. .. . `mni owtta mteNur eIn nmtlis: _. t=wuu7 _— GEPx7"PUTS ' �i5 N3 Ifn meas 1 1 57 � I- � -Yi •1•fltm aNaxad b.Wa rtffa.eaiM1 o.�7tl3 .. . .. - IS-'AN U'7, ... - ii - ,I. .i i `I� =0.Oloq Qtr.eau.arlal.vlp.9i,rm�,,,y 6'/6d G0y.L? '. - II - sSIWlim�1 O6.oUm0eMa9uarA fof o .-. .... u - .. ..4 pEmr RYtla.,obaa MW ltlogeryrWM,c,laffiq," �•ii7 • — ISn roraali5 I mill,e10xf.ma.IlWrt'19os.IWd..IrDal71 aCa0b 'I. ,a00 aetitra It m,m pattIMSS a,to im fmr h m oa er I, *o I-.- 4 - to vw c ap.cccsrf.tray o:wnty mrc+eo Sm,, paiarmm at Oatlh N go vR 7f q7a.ar ro tact a.sett. I. m/�vatoxtiMar rgdnf ptfMnasdml ra,•gW N.., . .. .. arItm o1 fY�Ybi s�on'fa�u`w m14q m.ka an d II Yb'sS" I ' • 1 ".LemmmIsas.fwraln.tnmearrwnraaerre.wen: 50 RFa-U!Q dWO.with°°`aaaba ti l' I :b b a�. I s r tr�a•.t•.v, mt pa�i.7 w rh�e°'�'a yr - • .• E 8 ROAD : I 1' L6RIa-9,SLOR/03•'flaa mm.W faux.of W1:17 . ..� I•" � S .' �` y 'I. pun ttf3 uw•:dw Im aaAar at m mnmtprot rc+p74 . 3 ._ A6rJt� _ FliO ROAD .. -. _" IDAD VDA! ROZS .. I' far tmarracf m"aScmm { . . I _ASCAD _ _ volrcT faatlr�rls'1n acmr r, al ao to fa m m.. �It 21•'. OroTaG>WE1LLl 107k:(C Ira SR... . IM i.M O.o rote 21� .. [RD 80A0 -' I ' ka0ra,Stan ora imftl0 Opatltl'O. Vn 14 r4mmean LIQ . trocu; • E�AOOOAR : I:Q Ri1dR i:.. . 3c? 11Il dr 1 - - AtGAO . I r—mf.2jk cwaa 7NG74d rima. 7RAFFIC`CONTROL:-PLAN. .. . - . : . . " so.roti t6:.. . :..." .•..' ; .-. _.:.: CON VENTIONAC ROAD;..::` SHOULDER ViORK TCP lZ-1 at TCP (2-1b) -TCP (2-1c) TCP(2-1)-12 •WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER. WORK .VEHICLES ON-SHOULDER -- CmventionaS'Rands: ConventionaVRoads Cornentional_.:RDada. - r•u .m. . wn vol. Pg. 168 Item Coversheet Page 1 of 1 t� aI 8°fir r GN,4 f.0 Ty of s� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2021 -Utility Permit- Road and Bridge NUMBER: Suddenlink Communications- Lantem Lane and Wallis Road-2 crossings fo DATE OF COURT MEETING: 4/27/2021 ITEM: Consider and take action on the Suddenlink Communications utility permit to conduct 3 road bores under Wallis Road and Lantern Lane for the installation of a fiber optic communication cable for intemet services in the Lantern Cove Subdivision. Sites are located in Precinct 2. TO: Commissioners Court FROM: Darrell Koiwes DATE: 04/21/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit- Suddenlink Utility - Backup ity Permit - Suddenlink Communications - Lantern Lane and Wallis Road - 2 crossings for intemet services.adf Lantern Lane and Material Wallis Road-3 crossings for intemet services APPR Duane Peters Date County Judge V®I. 39- Pg. ) 5-,� NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT.OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Suddenlink Commuications ' [company name],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 notifies the County Engineer of its intent to -.:lay,construct,maintain,repair and/or operate a telephone facility under,over;-across and/or-along certain County Roads_ as shown on drawings and diagrams attached hereto and said location described as follows: Suddenlink Communications will install a fiber optic cable for internet services to LanternCove Subdivision. Suddenlink will bore under Wallis Road 50 feet southwest of the intersection of Lantern Lane and,Wallis Road a distance of 80 feet under Wallis Road and then run northeast 50 feet within 5 feet of the right of way of Wallis Road on the northwest side:' Then bore under Lantern Lane a distance of 70 feet at the intersection with Wallis Road to a Public Utility Easement. Suddenlink will also.bore under Lantern Lane a distance of 70 feet located 370 feet- northwest of Wallis Road. All depths will be a minimum of 36 inches below the ditch flowline.:. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual constructionAvork in goodfaith within 60 days from th'e date of -said permit and shall complete said construction hrork within 160 working days..(COMPANY - MUST FILL IN).If such construction'.is not begun.by the 60th day,Company will be required to provide a neW notice. - - Company declares that prior:to filing this application, it has ascertained the location of all existing utilities,both aerial and underground, and the filing bf this application is prima facie evidence that the proposed installation will-not conflict with any existing utility. A copy of this;notice shall be kept at the:job site any time work is being performed. in'the event-of deviation fro this notice, the Brazos County Engineer's Office or its designated -representative.will be notified as soon as practicable. ..Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to.notify the County Engineer's Office.within 24 hours of beginning construction shall constitute grounds for job shutdown: By signing below, i certify that I am authorized io,represent the Company listed below,and that the Company agrees to the donditions/provisions included in this notification. ; Suddenlink Communications Company Name Carol Picard By: Signature Construction SUpervisbr " Title . 4114 E. 29th St. Bryan,TX 77802 Address Phone Number 979/80714224 Email: Carol.Plcafdt'AlticeUSA.com 9 .�.:. Pg � . :� : :- :;. ; ...::..:..� :. . �•°: ACCEPTANCE,OF NOTIFICATION Brazos County offers no:objection to the proposed.]: ation of the utility in the:County right of way as shown by accompanying dI'awiIlgS and notice dated ' ' off-'c2{ except as rioted below:(Month/Day/Year) EXCEPTIONS: 4„-Brazos County Engineer - VOID. Pg : City of Bryan Geographic Information Services Web Map 4248 ,�. :-f, •.eta : . . _ .. .. • l/W7 5057ww . 1,. �.+. '• -�., - ... - 5130 .'BTU pole PROJECT:9611495LCOAX Lantem Cove.,BRYAN,TXa _�`n. Vatbe controlled based on,the stan ards' define SUDDENLINK CONTACT:.Cerol Picard-979.807.4224=CaFoi.Plcard@alNoousa.eom the MIJTCl7 published by the FHWA. . - All roads and streets to be kept open to traffic and adequate r' flag men,signs and signals to provide complete safety.tc the h I. ,s e :. public wilt be implemented VOL- :.- 33 fig..::JUS U BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCT19D IN :. BRAZOS COUNTY RIGHTS OF WAY A. General Reuuirentents 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,.i'n 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 Aght 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 perimittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such :. project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements . 1. Proper traffic control measures must be put in place prior to beginning work and remain in.place during the duration of the job. All traffic control measures must follow the Texas Maffi nual of Uniform Trac Control Devices.(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. ' 3. Pensiittee 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 io cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line;shalI 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 Controi Plan 1. A tra" Mc 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 conirol measures pursuant to the TMUTCD; Pg b. If.construction is within ten{10)feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being'performed. 3. Plan must set forth the time of completion for the job. D. 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 Texas Utilities Code, Section 181.045. 2. All 'ole 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. beat least thirty-six(36) inches below ditch flow_ line when installation iswithin 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.: riot 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,nomidally l' 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'Pndevelopments shalt 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 io be opened in advance of the pipe;conduit or ducts may not be longer than 400' .. , if le'ft,open over night or unattended. . -.8. Crossings under acounty 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)tours notice of pressure grouting operations and have.the opportunity to have an inspector on site to observe pressure grouting operations; V�,6 . 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 listed above. C. pits shall NOT be located within ten(10)feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be,used in protecting the spoil .._: pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed fiirther 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 mayrequire 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 till 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 reguired'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. Eniewatcy work 1. In the event Company is required to perform emergency seryices,that requires'excavation in a County Right of Way,and unable to notify the County Engineer prior to'conducting emergency repairs, Company: 0 . pq . shall notify County.Engineer within 24 hours of beginning construction/repairs. This willallow 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 I. 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 beenapproved by the ounty Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities I. 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 I. 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 ofthe 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 deenest ditch eradO Special Requirements Encased Pipe Less than 10' Must be_covered with concrete pad at least 36"deep . Encased Pipe -Greater than 10' No concrete pad required . Non-Cased Pipe -:`Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3"thick and width shall be pipe diameter plus 18"minimum. - 5. Under.no.circumstances will a pipeline be installed parallel to a County Road within the Right=of-, Way. 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 tliat serves the final.customer:' �•yya EE. - LEGFJm. . • _ _ acr�iht_ry Oer • 1. TT7.Slv.ipa. ', �Y. Iq. �• Egg ikm7il.rY rruole't' �: r he11.e MIN: Ib•ImH ttarXeDq. . l ii n0.1 o t rn.xa s. 8 Ylr/p slv troal At y 1 _ �M PIfa21�r: _ �`I!'. MDQ {A� iT Tr¢ffla i i - so m»n as x Flm UM Ira.,c10• tan,0 AarAD .I � Y E!5. 1 I .. io 219. M mAo. _ � �°tdl.xap ' CrSO.10 AHEJ10 'i. .... .. {� ]p, t �I20 11•x.0' f:o IO'190 >o f0' 9S Q I7 I - 205 723 xri: 39 IW 1W i9p• r - • _ ♦S Cr f13'8.0' 1q' 193'. }b• I e. C. r' .. Se •.: See•530' fW ,tw 210•. • -: I' ' : 'tq}}. ::I • - 31. •L�.S ssr Sas i60' 33' e0• Sir M. ,.•,. - ^} -n .-- xee'630 TSv 9G' •.ISO':.PoO• Ife' .. .. - .. - qq p*. }• ISr ler a0• 70 "r no to m 100• aw es• ".1or1'au Tsa/a•xo rs 1x »r S40. • }`. 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Pg. 4ILS1ZUZI IICUI VVVCL111CC1 'C AK$0F1 .< o YOF� BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC 2021 -Utility Permit-Apache Road and Bridge NUMBER: Corporation-Tonkaway Lake Road -3"and 6"pipeline crossings 5, DATE OF COURT MEETING: 4/27/2021 ITEM: Consider and take action on the Apache Corporation utility permit to construct a road bore for a 3 inch and a 6 inch pipeline crossing under Tonkaway Lake Road 5,055 feet southeast of Bird Pond Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Koiwes DATE: 04/21/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Elie Name Descrip'on Type Utility Permit-Apache Corporation- Utility Permit - Apache Corporation - Tonkaway Lake Road - Tonkaway Lake Road-3"pipeline Backup Material 3 Inch pipeline crossing 5 055 feet southeast of Bird Pond Road.pdf crossings 5,055 feet southeast of Bird Pond Road WililyPermit - Apache Corporation - Tonkaway Lake Road - Utility Permit-Apache Corporation- 6 inch pipeline crossing 5 055 feet southeast of Bird Pond Road.pdf Tonkaway Lake Road-6"pipeline crossing Backup Material 5,055 feet southeast of Bird Pond Road APPRO ru Duane Peters Date County Judge Volo Pg-�-�s ;. _.APPLICATION.FOR PIPELINE UTILITY PERMIT,, IDESIGNATINGTLACEMENT OF UTILITY IN COUNTYRIGHT OF'WAY ? TO: THE COUNTY ENGINEER OF BRAZOS.COUNTY,TEXAS' Comes now.• A 'ache Corporation cont ail nmre hereinafter. .. P referred to as"Company":a _Delaware �slateJ;Corporation, ,*Yith'authority ao.[ransact.business:•'.: in Texas,.actin b .and throw its dui authorized"te"res0tative, and hereby etitions•the:�Count •En Aineer for the n' g Y ? Y • . • . . P .. . ..Y P Y:. g g .to lay, construct, maintmn;.repair.and/or'operate equipment,under,•over, across:,and/or°along certain"County Roads"as shom on drawings and dtagraih attached hereto and said location described.as follows . ... acility tri Cross Rciad F MEWCONS77tUG'I7ON _. .. :Road Natne&Block Number Crossin :.' = : . {Ct iECK ON[)s: ; Bared Jacked .. Driven 'Cased Tonkaway Lake Rd 70 X':: :: : . Lticility to Pomllel County Road Within Righi-Of-Wav :-Rood Name Md DIoc:Ntiber . . Distance- :. CONSTRUC770N TYPE 3" Diameter 0.300":wall Th,cl;itcss.. ® ':I1igh PressiireUnderground ;® Lois Tressu�c.UailePground :.. Pipclinc,(60.psi or grcmcr ." :Pipeline(60 psi operating ' s Motorial Specification Grade B'Carbon Stccl FBFJARO opera[iiig pr istirc) pros.... nimum Yield Strength= 135.000 esi Maetmum Opcmtion Pressure:-:• IJdO.Psi : :The location and,description of the proposed:installation.and:appurtenances°must be fullyahown pn'the:.attached detailed: ..�:.. •• : - : . ;_The Company shall commence;actual.cunst�uction/work in good faith within.60.days:from the dace`ofaaid:permit:a td shall.cbrri ete said construction/work within 9t) ` working days::(COMPANY MUSTiF1LL:Ili;" If".such " . .. .. Y = eonstruction is not be n b�-the 60 ,day,Company will"be required to apply;for a new.pertnit,:..-. " ': 'Company declares that:prior ii filing•this.a lication it has ascertained the;location of all...W... utilities;both aeriatand :• "under round,and rid tlte..flling'of this:application is puma fairte`evidence that the proposed insiallatidh will'notcbnflict with - any'existing utility. :•..' co of this Permit shall,be l:e tat the"ob site an time work is bein erfoimed. -:• S P.:.. .. n . If is expressly stipulated,thatthis:=Perintt:is.ti license for.pertnissiVe.use 6 N and that._th.... ing of:fad'ilities upon put arc .... ;. : .. _ : roe tirsuant to this etmitshail nolo a to create or vest.an ro e property P.;.. A..:..-.::..: Pte.... Y P...P:.rty light to saidiolder It is;understood_and agreed thafti e.rights and_privileges herein set out are granted only_to:the extent of the:County's:right; . .. title .and interest in the land.ao be.eritered.iipon 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;daritage§;,cost or expense ansing rnanner.on account of the exercise.or tittsinpted exercise bN said,holder of.the aforesaid rights and•privileges. : :: Any :deviation:from:these,:specifii ations niust'be approved''by Brazos; County:Engineer's Office;or•its.designated , " representative. . ... .......... VOL Approval of County Engineer's Office may take as long as two weeks after complete application is received. . . = Applicant agrees to comply with all rules of the County Commissioners and the Courity Engineer in constuction of said .installation attached .hereto as .BRAZOS COUNTY DESIGN STANDARDS'AND" SAFETY::PRECAUTION REQUIREMENTS FOR-WORK CONDUCTED.IN BRAZOS COUNTY RIGHTS."OF WAY' and incorporated. herein for reference. " In ilia event Company fails to obtain a permit prior to lire installation"or'does not-install utilities in compliance rvltlt installation requirements set forth herein (Z. depth, location,etc), Company assumes all financial responsibillo,for damages andlor destruction oflines,cables,etc.based upon its failure to comply with Brazos County requiremeltts Applicant agrees that if Brazos County demonstrates a violation.of he terns of this policy,Applicant stipulates that requisites for injunctive relief exist and that Brazos•Caunty is entitled torelief enjoining'any conduct by dppli�ant which is contrary to Ilia policies This permit 4s a-revocable permit.. Bratos County,reserves the right-lo revoke this permit at any._tiirre;'.0 the sole discretion of Brazos County,for interests of public health,safety or welfare,-o_rfor failure to repair uni damages upon demand,orfor any other reason deemed sufficient by Brazos County. - In the event Company fails to comply with any'or all of the requirements asset forth herein,t/:e County nrny take such action as it deems appropriate to compel compliance The County Engineer further retains the right t" revoke tlils Permit by-verbal notification to theApplicant%Companiy. . Failure to obtain this permit and/or notify-the.'Coulity&g'hreer's Offce:within 24 hours of begiuirr irg construct oiu_. shall constitute geoundsfotJob shutdown:By signing below, l certify that [ am authorized toyepresent the Company.listed below, and that the Company agrees t' ' the conditions/provisions included in this permit.,.. _Apache Corporation Company Name Ch tis McDaniel py ��lc,T>aru.Q2. Signature Surface Landman Senior:..:.... :--Title _.2000 Post"Oak-Blvd,Suite 100 Address rHouston.:°:: .:: . 77056 City ' S tate Zip .:;._J832)730-8162 . ,... _Phone Number chris.mcdat i'!$@apacheco' com � :.. - •. . . ;. ROAD:RGHT-OF4MY CENTER LW EOF COUNTY ROAD SNOW NO RTH AR ROW ROAD RGHT-0F�MV " PLANVIEW CENTER LINE" " z P D: TY" ICAL.SECTION'` • .. COUNTY ROA :1 IN CROSSING ROAD OR,GOING ALONG RIGHT"OF-WAY;SHOW DEPTHA LOCATION OF CONSTRUCTION"IN VPE"" SECTION i PLANw. 2 "-IN PLAN VIEWSHOW DISTANCE FROM YOUR:CONS,TRUCTION.TO NEAREST"INTERSECTION 3 tlF ABOVE PLFAN VIE1f1{ANDlOR TYPEySECTIONiS NOT}APALICABLE„THEN'SHOVN APPCIC+48LE PLAN,4ND1 , SECTION x ... .. .. .. .. .... .. ...... .. .. .. .. .. S q Vole oZ Pge PIPELINE UTILITY APPROVAL ' 'Brazos Coun offers no objection to the ro„ sed location af_the utili ry... p pa: ry in the County.rightof�vay as shown b Y accompanying drawings and notice dated `T`�+ ` oZ.( except as noted-below: .. (Month/Day/Year) EXCEPTIONS'..' 1/v Brazos County Engineer : :Nota :. BRAZOS COUNTY. -TEXAS 1.:BEARIi�GS..DISTANCES.A.NOAREAS IN ` PARENTHE515:ARE"FROLI RECORD INFORMATION. C " 2 .BEARRIG.BIISIS: GRID:NORTH'PER IERAS �$�' STATE PLANE'COORDINgTE_ESYSTElA {NA027).`::' jn .,,�,�� `; GEOID:128..CENTRAL.2ONE.-BASED ON GPS :.'E.:.. .. �. SOLUTIONS. COORDINATES-ARE GRID; a AUCOS.:.U.ASB.SRl1l HowvERa'DIsrArtEsuroaRFAs 8 :.r.....r. slao>rri .:' ' ..,HEREON ARE REPORTED AT SURFACE - ::..: VALUES.P.ASED.ON THE SURFACE :. ADJUSTMENT FACTOR OF E1:AQ0120DD. : . ...:....; . :.: ..... ' - APPROXfI ATED -.ARE 3:;.UNOERCROUNO UTILITIES 13ASED ONJASOVE,GROUND FEATURES, AVLABLE o» Q MAPS AND 43ARKINGS `V.-UTILITY PROVIOM. ADDITIONAL UTILITIES OWATER t�iHC MAY -EXIST THAT ARE NOT SHOV1hl;ON THIS : 4. THIS IS NOT A BOUNDARY.SURVEY. : Y ' r: 971 ••: .. :: . .: 5. STATIONING IS ROUNDED' LAT.- 37 sires H:; PROPOSED PIQEgl1E�� . TO THE NEAREST FOOT LDN;9 133.t,w ; ;'-• W N/1/TOtafaWAY WCE'RfYtD .-. - .... .. LA 7=3TOi9 5-N '.. :. 5� .. .. .. POS •TiQV OF AN UNDERGROUND ORD nem Fitt wiz C1 (870.94 ACRES) .. - Rci m cio 4F.: . .... ...... .. VOL-3357 PO 130 6R3CT�:: . .... " . i"-: DOfe1:FAWLY LI1h1E0 PAM ER$H!P X • ... ... .. .. .. (1RACi.FCHE--.1�A.92-ACRES}'•... ...: - ;' ` ....':::"� ::`�::� .. ... -... VO6.54 PD 531 DAECT - - - P.S.MEN e . .(13&92 ACRES). PLAN_ HORZ. SCALE::I"'� 5O. ! it .... .. .:. pi my . .. r • i.i • .. .. .. m v � u :: .. ... :...'.. ..' .. '' . 270_;:.....:•.... .. ..i .- .o �. :. ..,•. . :.,260 ' :2 •2 5.. b :..F.. a .` . .. .::•,;::.:•.., .. .- PROPOSFQ PtPEtJNE�.: tt0rt>n::. ,.PROPI E EDDYING EAST ':::::;a..;' aBeei .:,_DEED RECoeas aF tiPAZ05 covm.'7nvs'. _.': HOR2._SCALE:`i.:'..:='Sd'..::` :. ORB& ;;OFFICYL''i1ECORDS•o�.E;iWos COutjfi;Tour....-VERT. .SCALL•`-:T` =.:20''': ':' .. ... •. ":: .: ... -anu-�-3 '"im1n Pa1E,c�rwefiaD'uau1Y u++E,c1ir.:•-- . .. ' ' .. .. ... .. 'PROPOSED : .. M....LIKE.ROD .. - ... WATEd IDLE.';:.., Oiml-,FIBER.mic U1.� - i.... :ru7uau.ceau.i �F.:.�n CORPORAV APACHE` PROPOSED P.tPELt.^fE-LR0558. :: . ... .. : .108-NU119Ef1 1115=009':•:' :i::;-::. "[ - ... .:-AtiGUSfUS U1 u15 URVL -99 eruzos=CC1R7t/:TExAs .:.•::,::, r s t� 6064 DA , ! Q __.. •.,E88t ••L o. �:=. ':: :.:PAY S E: . . ... NO,6084 . FM::NO:l02 i 37 E e. 1A Saa:Oc2v..:nt 7a666' . - 302 8 Itc .5[ ,.. (97u 007-1300-. .o x'rnt-leemw r✓ K� l r� 0231�Ci)ogt BRAZOS COUNTY ROADWAY SAFETY_ AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED BRAZOS COUNTY RIGHTS OF WAY A. General Regairemeuts 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 insiallation. = 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 piiblic. If if is determined that inconvenience to the public exists;then the.County Engineer:will decide whether such : project will be allow.ed'or ifan alternative exists so as not to inconvenience thepublic, B. Safe&Requirements : 1. Proper traffic control measures must be put in palace prior to beginning work and remain in place during - the duration of the job. All traffic 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, includin lacin and dis laying saf devices" g P g dY 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 crust be made to cause minimum inconveniences to traffic and adjacent property owners. S. No cable,conduit and/or pole line shall be lar constructed,maintained and/or re _ .. -. _ d,- paired so°as to.constitute A danger or hazard ofany.kind to persons or vehicles using such road. ;Any poles'placed in.the:Right of-;;::;::: NVay for future installation shall be placed at the back of the•Riht of Way: Exceptions may be:approved :.:0. by the County Engineer: C. Trairc Confrol 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 nihg ttime'traffic :. control measures pursuant to the TMUTCD;: b. leconstruction is within ten(1:0)feet of the roadway;or C. Any-work performed in the road right-of-way; :::.:. 2. Plan must be attached to the permit and kept at the job site any time work'is being performed:`•.'.' 3. Plan must set forth the time of completion for the job. ' D. Desmi: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 ilie Texai Uifflties Code,- ecti6n 181.015. 2, All pole installation(including lighting)shall be placed at the backside of the Right of Way td=ensure .-- safety to the public. Any pole placed in violation of this requirement will be required-to.be-moved to-the appropriate Iocation 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,pf;forty-eight(48)inches below the top of the'pavemeni; b. be at least thirty- ,six(36) inches below ditch flow line when installation is within the area measured from top of batik to top of bank; == = c. beat least forty=eight(48)inches,below'ditch flow line if.low pressure gas"or.petroteum;lines. For- . high pressure gas and petroleum-iine_s,see High'Pressure'Pipelines requirements.listedbelow d. not be closer than'ten.(10)feet:from the edge of avement:Exce tions may apply in ri is of Way of . . g P P Y PP Y € . Y.. . .less than 60 feet. 4. Water Lines: All water linesmust be a minimum 36-inches below the ditch flow line and ca_sed.' 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 withiri 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 I' Phone—'2 to-4 feet,nominally 3' Gas - .4 to 6 feet,nom'inally 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 Ensineer 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 le@ open overnight or unattended 8. Crossings under a county road shall: . .._ a....be' bored or jacked.ABSOLUTELY NO OPEN CUTS WITHIN.COUNTY ROAD•PAVEME fT; b..- bepiessure grouted for the full.length of the.crossing fthe annular space between pipe and casing and" soilexceedsone(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,groutirig. operations; . . C. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and"oints. 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 lisied:,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. 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 peimits; e, all disturbed base and pavement materials shall be removed:and restored to the satisfaction.of the County Engineer or his representatives. E no side or lateral tamping to fill voids under the base and pavement materials is allowed. . 11. Company must be careful to notjeopardize the-slope.or integrity-of the'shoulder of the road.An 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 Cdtihoy:.< ., road will not be permitted,except instance whereby the laying,construction;mainte_nance'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 aperformance bond-or letter of credit securing necessary repairs:;Said bond amount will be determined by the County Engineer. l4. The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E Emergency work 1. In the.event Company is required 4o"'perform emergency serviees,that requires excavation in a'County Right of-%Vay,and unable to notify the.County Engineer prior to conducting-emergency repairs,Company: Vol.. 33 : ..:. shall.notify County Engineer within 24 hours of beginning construction/repMrs.'Mis witl allow the:: :County Engineer's,Office.an opportunity to inspect thetite to ensuie the integrity of the;County Right of: `Way and,traffic safety controls.used.' _ .: �'..: ReAQIrS l0�SISl11l�1QCilltieS :.• -• ::..':.:- - _ .. . -::I.: 'Maintenance and/or'repair fo existing cables;conduits;and/or pole'linas ivhich re uire.disturbanee ofahe'<< soil,shall.not be"performed until plans describing such rriainfenance and/orrepair have been-approved by. . .. the'County Engineer or.its designated representative.arid-apermit has 6cen obtained. : : Relacalion of rtlilllles When and if the County Engineer.determine's,tfiat it:it riecessa �fbfthe construction Te Ir lm roVemen rY.' .,. alteration oT.re[ocation of all or,anyportion of said road,any:or all poles,:. res;pipes;cables or other , facilities and appurtenances'authoriied hereunder;shall be.removed.from'said road,or reset'or relocated.,; thereon,as required by the County Engineer within.a reasonable time as determine_d byahe Comity -. : :. . Engineer and Utility Company,and at the expense ofthe Utility:Company. :........ ....... H_'Ni li Pressure Pipelines : 1:.: All utilityPermits for hi ressure i:elines enerall 60 P$1 or p g 1' P. .. .:..:.. P P. . .,fig.:,. . ..Y :..I greater),whether ertainin to controlled access ornon=controlled.access'installations,should contain the follotving'addiiional information in'themdescription of thepehnit. <<, diameter,.:. . «±al -. ..l thicJcness - material sp_ eclfication Mimmum yield strep- ;in operation pressure:of the pipeline,..:: 2..:::-With the exce tionof the maximum o eratibii..ressure. f.. e ' Y :. .,. P ::.. ..... .....: P.. :.P..' :. o..th.;.ptpehne,this information is.to fie.supplied.:;; 'for both the carrier pipe and the:c'asing. 3 Assurance must also:be given thafthe installation material and- :design meet:ahe minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be_-provided on:coiripany letterhead and signed by an.authorized representauve of the company_. ': ` .- Petroleum Pipelines:" -Tyne of Piaeline : (below deepest ditch Qradel Saecit..Rcawremeats End Pipe Less casethan 10 Must,be`covered,with concrete pad at..least=36"'dee Encased Pipe Greater than 1.0' tJo concrete'pad required f? ... -- Non'Cased Pie Less than:l0 Musf:be':covered with co increte.pad a'dWhst 48" eep:::::; ?:: P . ; . N16 Pipe :Greater than 10' No""il;"ete pad`reyuired = Conere-te pad shall be minimum of 3"thick and:width-shall be 'i .'diameter : lus 1$"iiiin muiri:: :5. Under no circumstances°witl:a pipeline:be installed parallel to a CountyRoad witl inthe Right-o.f -.. 'IVa` Transmission lines have been determmed:t0 be • leurn • i elines{which includes:natural:, .. .-.. y... :... .. . . -- ..._._. ..... .: petro.. ..'..PSR.. . ........... s Ines and shall:h6t be arallel to a Coupty.Ro A...:::_ :° : : . .......... . :: :`6: Natural Gas Distribution is a.lineahat serves•th':'fioal'custo'` "" ........... 9� :.. _ F;Vl: :. APPLICATION FOR PIPELINE UTILITY PERMIT -DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENO.INEER OF BRAZOS COUNTY,TEXAS Comes now Apache Corporation "[company' nvniq, .hereinafter.. referred to as"Company"a .. Delaware [slate] Corporation,"with"authority to'"transact business in Texas,acting by and throtighAts'duly.authorized representative, and hereby petitions the`County Engineer for the right to lay; construct, maintain, repair and%r operate equipment:under, over;•.across andlor along certain.County Roads'.as . . shown on drawings and diagrams,attached hereio and said location described as follows:. facility'to Cross Road : Length of TYPE OF CONSTRUCTION Road Name&Block Number -Crossing :.:. :::'(CHECK ONE) Bored .: Jacked : .Dnvcn 'Cased " Tonkaway Lake Rd 70'-' X : Facility to Parallel CountwRoad Within Richt-OC Wav Road blame and Block Number ftrom TO, Distance:.".' CONSTRUCTION,'IYPE 6" Diameter 0.43211 wall Thickness ® high Pressure Underground13 ' Low Pressure Undo rgroitntl " Pipeline(60 psi or re Pipeline 6 psi , g mer. ::. ( 0operating': Material Specification__Grade B Carton Steel FBrJARO . operating pressure) - pressu're),-': Minimum Yield Strength_ 35,000 nsi Maeimum Opermion Pressure 1446 6j ... The location anti description of the proposed-installation and appurtenances::niust be fully shown on the attached detailed'-:. " drawings. The Company shall commence.4ctual construction/work in*good faith within 60 days.from the date of,-s an shall complete said construction.1work:within' 90 working days,.(COMPANY-.MUST FILL IN).' If such construction is not begun b the 60' day, an will be r. aired to a 1­.for anew permit;':. . .: y : . y F Y Fp.y. Company declares that priorto'fiiing this application,it has ascertained the Iodation of existing utilities;both aerial and underground,and the filing of Phis application is prima facie evidenct 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 perfoimed.' s Itis expressly stipulated that this Permit is-a license for p y. F permissive use only and that.the placing of.facilities upon-public property pursuant to this permitshall not operate to create or vest any property right in said holder. ' It is,undecstood,and agreed thai.the rights.and privileges hdre n.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"holderand the holder"will'at all times assume"risk"'f 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 afocesaid.rights and privileges: . ::. . Any deviation from these specifications must be approved:,by Brazos:County Engineer's Office• or:its. designated representative. V61 a pg. 1. al Approval of County Engineer's Office may take as long as two weeks atter complete application is received. . Applicant agrees to comply with all rules of the County Commissioners:and-the County Engineer in construction,of said ..installation.attached hereto .as BRAZOS COUNTY DESIGN..STANDARDS _AND SAFETY :PRECAUTION REQUIREMENTS FOR WORK• CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and'incorporated ' herein for reference. In the.event Company falls-to obtain a permit prior-to the installation or does not install utilities in-complhance svitlu installs on'requiremems set forth herein (ie. depth, location, etc), Company assumes al!financial respty for damages and/or destruction of lines,cables,eta-based upon its failure.to comply with Brazos County requirements.' Applicant agrees that if Brazos County demonstrates a violation of.Oie.terms of this policy,Applicant stipulates that requisites for injunctive relief exist and that'Brazos County is entitled.to relief enjoining any conduct by applicant = which is contrary to the policies This permit is.a revocable permit. Brazos County reserves the righi 6'.revoke this permlt at any.4nie,.iii the sole discretion of Brrizos County;for Interests of public health,safety or iveifare,or for f rilrure to repair any damages upon demand,or for any other reason deemed sufficient b}►Brazos County. In the event Company failt to comply with any or all of the requirements asset fortlu herein,the County may take such " action as it deems appropriate to compel compliance.- The County Engigeer jurther retains the right to revoke this Permit by verbal notiJleation to the ApplicanflCompany. Failure to obrahi this permit and/or notes tlae County Engineer's Offce ivithin 24 hours of beginriiirg constrr-rction shall constitute.groundsforJob'shutdown: By signing below, I certify that I am authorized to represent the Company listed below, and that the'Company agrees to the conditions/provisions included in this permit'. _Apache Corporation Company Name Chris McDaniel By Signature _Surface Landman Senior .Title 2000 Post Oak.Blvd,;Suite.100" - ••Address. . . ::. =_Houston 77056. . City State•.. _.. ZiP .. . ... 4(832)730-8162 Phone Number ,chris.mcdaniel@apachecorp,com Email: g PIPELINE UTILITY 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 '..: '.'T`��''�e2 except as rioted below: (Month/Day/Year) EXCEPTIONS: ;-J,r Brazos County Engineer Vol. •.BRAZOS COUNTY, TEXAS 1. BEARINGS, DISTANCES AVD AREAS IN PARENTHESIS ARE FROM RECORD J 2. BEARING BASE: GRID NORTH PER TEXAS STATE,PLANE COORDINATE SYSTEM (NAD27). Yr+ J GEOID 128. CENTRAL ZONE, BASED ON GPS .. ^ 1LR�grvS vltrluYs SURvBY SOLUTIONS. COORDINATES ARE GRID a ABSFRACF 58 HOWEVER. DISTANCES.AND.AREAS.SHOWN HEREON'ARE REPORTED AT SURFACE -" VALUES BASED ON THE SURFACE : ADJUSTMENT FACTOR OF 1.00012000. a -3. UNDERGROUND UTILITIES ARE APPROXIMATED BASED•ON ABOVE GROUND FEATURES. AVAILABLE MAPS AND MARKINGS � � POSSIBLE LOCATION BY UTILITY PROVIDERS. ADDITIONAL UTILITIES c OF WATER LINE MAY EXIST THAT ARE NOT SHOWN ON THIS 'x ri EXHIBIT, n 4. THIS IS NOT A BOUNDARY SURVEY. '� E R//yy��iO7tKAWAY LAkE ROAD Y469713.59 ' XJ28985T.90 . 5. STATIONING IS ROUNDED PROPOSED WPEUi±E LAsac37'0+.2Y M ' TO THE NEAREST FOOT. LON:98'1SS4.44•W Pl PL .. w.R/w TOHXAWAY.UutE ROAD O x :... • rs89700A4 ... LAT:3D'37 u4.15'N' LMSIV13'S4.88•W ` .. F . POSE LIC LOCCAMN OF AN UNOERCROUAO VOL 3731 FC 702 ORBCF Fi6ER OPRC LwE - .' ? Jul s1EPRLH x (820.94 Aou3) . REUADW OF: tc VOL 3957 PO 136.OROCT - COEN FAWLY WIRED FAMERSLCP, x (1RLCi"E- 138.92 ACRES) CESCROMON - VCL 54 PC 531 CnCT P.S.CDEtt (13&92 Asa) PLAN WORZ. SCALE. 1, a 50- .39.70' •. - JH b W JJtV W ' W W 770. t . 6 255 - b b PROPOSEO PLPEUNE - - IEOM :: 'PROFILE LOOKING EAST ' .' bl1= --DEED RECCROS 0F`6RQOS`C0tRRY,TbcAS' HORZ. 'SCALE; 1.".a•50• oma .O"tAL Rmams OF RRAtos CDt1NTY.TErAs .° VERT. SCALE 1`# 20' URUTt'POLE,a'ERNFAD UTum UN$GN' .. . e . unLrrr rEOEsrr.L .' .. . p ueir iV uoX . EDGE OF ASPIULLT —X--. PARE FENCE FROPOSED P.PELOIC CROSSING TOIXAWAY LAXk:'AOAO . �W� WATEA UNE FOOTAGE:39.70 FLET-Z41 RODS..:' .. —UOQ CURIED FIBER OPi1C UNE ... ND MTURAL GROt7ND �•OFy APACHE CORPORATipN; PROPOSED PPEU#E CRGS54L0 TOMAWAY WIC ROAD JOB dLUEER: 1115-009 "..- O'•. •AUCUWM1WUS SOfa'EY•A-58. - CLIENT:APACHE ' PHIIUP Cµ-PAYNE' S7U5 BRAIDS CCU!.r.YOUS DATE: 4/0/2021' ,�t 9 �S4 i-- FIELD CREW;ZI3.L9 - 9tiOti«EMBL�fL-1v� :-.\L/ L�. .. . Y PAY — oFTUE:vP SUP` N'o U.. r a 1 'A:n._ . 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BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOSC.OUNTY RIGHTS OFWAY A. General Reuuiren:ents 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 precaution's to avoid damage to property.:.All County Right of Way and property sha11 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 ofsuch utility shall not interfere with the property or.rightsof 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: l t is ... .... determined that inconvenience to the public exists,then the Gounty:Engineer will decide whether such project will be allowed or-if ari'alteMAdve exists soas not to'inconvenience"the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Unifonn.Trafftc . Control Devices(TMUTCD). See"Traffic Control Requirements below. . - 2. During construction,all safety regulations of the Texas Department of Transportation shall be obseived. 3. Permittee must take such precautionsand measures,including placing and displaying safety devices, as '" may be.necessary,in order to safely.conduct the public through the project area. Compiny-shill provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made fo 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.toad.,Any poles placed in the Right of Way_for future installation shall be placed at the back of the.Right of. . Exceptions may be approved -by the County Engineer. C. Traffic Control Plmr 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 cific ni hftirne traffic- control measures pursuant to the TMUTCD; 9 b. If construction.is within ten(10)feet of the roadway;or . c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit.and kept at the job site any work.is:being performed. 3. Plan must set forth the time of coni p-letion for the job. D. Design Standards 1. All overhead installations shall"conforrn 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 Uhli[ies 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:'-oved to the appropriate location at the company's expense. Exceptions maybe,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 Iine when installation is within the area measured :from top of bank to top of.bank; c. beat least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum dines. For:' high pressure gas and petroleum'lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(10)feef 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." h.a back of right-of-way). :•• : " : Power--0 to 2 feet,nominally:l': - Phone-2 to*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'66 similar manner as referenced in No.3 above; however,the County Engineer or its designated representative will provide,final approval of each utility'[oeation. 7. The.length of any trench to be opened iii advance of the pipe,:conduit oir 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 Jthe annular space between pipe and casing and soil exceeds one(I)inch. Brazos-County must.be given 24 hours notice of pressuregrouting operations and have the opportunity to have an inspector on`site to observe pressure grouting operations; v 33.' Pg. 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 listed'above. c. pits shall NOT be located within ten(10)feet from the edge of pavement without prior approval from the County Engineer or his representative; . .- .- . d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems;- e. based upon soil conditions;the County Engineer or his representative may require shoring to protect- pavement integrity; 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 bacicfiti 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 weatherperinits; e, all disturbed base and pavement.. aterials 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 notjeopardize 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 consiruetion.and/or maintenance equipment on tE a 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 eve_nf-: all.such_equipment shall be of the rubber tire'variety.•ApprgpHat"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 anv section of the road(asphalt,'ceiment,road base;etc.),Company will be required to provide. a performan"ce bond_or letter of credit securing necessary repairs::Said bond amount will be determined bj► the County Engineer. .. . 14. TheaPPlicant'shall submit a,letter:of"No Objection"Trom'the"Army Corps of Engineers for all.. : designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services;that requires excavation in a County. Right of Way,and unable to notify the a County Engineer prior Jo, on_ ting emergency repairs,Company•- 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 eristi»g 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. Relocaliou of utilities I. 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 611 pbles,wires,pipes,cables or"other < faciilitie's and appurtenances authorized hereunder;shall be removed from said road,or reset,br 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. Hielr Pressure Pipelines I. 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 into be supplied, for both the carrier.pipe and the casing. 3. Assurance must also be giVenifiiifthelnstallati6n material and desi-n-rneet the'minimum Federal Safe Standards for Liquid and Gas'Pipc Lines. Assurance must be:provided on_c_ompany letterhead and sighed- by an authorized representative of the company. = - 4. Petroleum Pipelines: Depth Tyge'of Pipeline- (below deeoest ditch grade) Special Requirements Encased.Pipe Less than 10Must be covered with concrete pad at_least 36"deep Encased Pipe Greater than.10' No concrete:pad required Non=Cased Pipe Less than TO' Must lie:covered:with concrete pad.at least 48"deep` Non-Cased Pipe . Greater than 10' No concret6.pad required Concrete pad shall be minimum of-3".thick and width shall be'pipe_diameter plus 18"minimum.. S. Under'no circumstances will a pipeline be installed parallel to a County Road within the Right-6&:. Way. Transmission lines have been determined to be petroleum pipelines(which includes.nafural . gas lines)and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer:.:::: - . Ins 3 eTr oar t.,oaaralhlq OniM £•a� _ t _ - t- ... ROIIL •'�• - •tri rrltab'^.Qy .t�w+�miar'. - rwd lava M Ws.tWb710 Oamb- �^ 8. 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( I u •m•tm• .w a• rco• 167• u tso m sa u m• 70, isp 'Za I - I t � wa coo• sr itq• im• aw' �. . sw•ws•siw ss• ao• sm• -27s•• 712 eF to txw ss.•..q5 r 1 I: $ � • s csw ns•mM; ts•1ata• 70011 ao• 3 C 3 +a I I W W.na• n• too• em as• 3 I trtvNlelN rca .vk Mkb X: 7 IF v7.9cv i7• 7sa9W 1 $IY' is.Mal. r 1F e.M.niatW smw�r .. t • - cyt a7vt.l.ry I IHI L-aM iff t t a...vim � I " � - o-w�o.+a r�rrlm..uem a orrmllnl sawlN szm.rw' .. • avr.thlitlTTPtGL of 1 utt ..�' t7a la talet..it 1ti 1 Qawy7.rtmfa rnl'rin. ! ..mitt' ••-Yuu vo.Rm R wr TOY l..aNgo sYtlmnIf mot �oYir .ralaua '� r to inn ra a� iovsa tr.r-10.J. S• - .- £ �r g S I jc �I MERALTOM tfN I.iN.i 7/ IMta1 CftD.7 n as.tm-noF to®aim. L ul.e:vl.a.ral rafts Irlt...:70 tr• tcaaf r.a traor..icr�+o,nv.,a�ec• •• ts.ae.tn.isi I .._l' el M 7,taktiwd.M iaa.lvm.Nnmaa)7taetrn - ..Iw.� . i • C IS".10 t1 u i t0t111,h= Qaq�Ir ai9�PNW N�gow web umvrllm 11_t.Miltw n mlm ft"h w—a ` { te.trNaYv d9.e._k..fif AaMMa m. M row v..k fatllRn i4N.Wtn7rlc tool 1>mAh` i .a..r tlem121-v Err-to p. n.raarr tMr.iro1,vt,b.� 1 L Mmol.tv+e.mua..er wJm"an.o w t.r.a eta M b b oa I mw t a EON.— I, P tawW lm r nMl.tnm W.vat.v..a.Ia. ( I IM C7•t I w Pe.)rot I1m11m.i.1P Otamr rW.IN a fa0 tarn." Rta•lo M a Ir 1 M Ift.t.Mmf ciata..m rartr�wL- _ N•t N• I7w lift"A tar70Oi 71a+..0 Lffrle lNmltQ. 4 Is'.'arof.a �)Q n43- rG Q oast I son mi.Ir ®•t I > T 0dTitMdlw N t a. wo-l� 1 etI ti TRAFFIC COHTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP 12-1 a) TCP (2-1b) TCP (2-1a) y 7CPl2-11-12 WORK SPACE HEAR SHOULDER - WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER — s- Conventional Roads Convention) Roads Conventional Roods w*4 M Vol. Pg. �g� Item Coversheet Page 1 of 1 B 0'n,T a�Ptio BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2021-Utility Permit-FWP Road and Bridge NUMBER: Holdings,LLC-Oak Lake and Democrat Roads-Temporary Water Line DATE OF COURT MEETING: 4127/2021 ITEM: Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10' Polyurethane water line crossing under Oak Lake Road and Democrat Road. Project will provide water to an oil well. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 04/22/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name DescOntion Tvae Utility Permit-FWP Utility Permit - FWP Holdings LLC - Oak Lake and Democrat Roads - Temporary Water Linemdf Holdings,LLC-Oak Lake Backup and Democrat Roads- Material Temporary Water Line R Duane peters County Judge Date Vol. 3310'N Pg. APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BWOS COUNTY,TEXAS Pursuant to the,Texas Utility Code,Section 181.024,comes now -FWP Holdines. LLC [comp"any na»re), hereinafter referred to as"Company"'a •Texas • (state) Corporation, with authority to transact business in Texas, acting by and through its duly authorized.repre'sentative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over,"across and/or along certain:County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name&Biock Number Crossing (CFIECK ONE) Bored Jacked' Driven Cased Oak Lake Road 65' Democrat Road 50' Facility to Parallel County Road Within Riehl-Of-way Road Name and Block Number From To i.. Depth Distance CONSTRUCTION TYPE 10/12" Diameter Wall'Ihickncss Material Spccifcation TPU (Flat Hose) Maximum Operation Pressure 200 PSI The location'and.description of the proposed installation and appurtentances 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 •7' working days. (COMPANY MUST FILL JIM. If such construction is not begun by the 60i11 day,Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained.the location of all existing utilities, both aerial and underground, and the filing of this•application is prima facie evidence that the.proposed installation,•will.:not . conflict with.any existing utility. A copy of this permit shall be kept at the job site.any time work is being performed. It is expressly'stipulated that this Permit is:a"license for"permissive iise "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 Fight,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 indenn'ify, defend.and;save harmless Brazos County from and against aiiy;and-all loss':'damages,.cost.or . expense"arising in any manner-on account of the exercise or attempted exercise by said holder of:the afoiesaid'rights . and privile es.` : .. B : . Vie fig:: . ,gym deflation from thesespecifications mPP ust be a• r&id by Bratos Couriig N Engineer's its desi Haled .. . . representative. �pEngineer's Of(i-ce4bay1akc its lohe as;«a wv4ks after:cuinpleic application is lrcceiyed.; � licant agres to.comply with all rules of the CdUn Coitt_inission6rs mid the County Engncrr iin const •.•:. .-Applicant agrees - ruction.of, • • - said.installation attached-herein as DRAZOS COUIYi'Y'DESIGN-STANDARDS AND SAFETY::PRECAUTION REQUIREMENTS FUDR-WORK CONDUCTED,IN BRAZOS"COUNTY RIGH TS.4F WAYaiid incorporated herein for eefeirence: :.. .In-tire wehi Compaiii-fails.ro u6min a permit print M the:hiiidllatio r:nr does not Install Wililles incanrplinnce,wide a1sraUrrtioti. eyirrren{eutssei forthherein(i.a depth;/rirrrtlurr,eicj, Coiirpany assrirries dllJitancinl re poirsibilityfor.°. daurcipea nird/or deslructiurr ojlines,tables,etc. based ripon itsjailnre Ju carnplp rvtl/t Burros Cdriaty regpirements. JI - rtpplirairl rrgrees drat if Bros Corrnn,,#egtonstrates it rialadon ojthe ternu ojtlris policy,Applicant sllprelates tllut rcgr,isites for iitjuricrlie relief exist aud,khal Brazos Couirty is entitled io relief g joining any conduct by npplicriri�; : •. a i+Irirh is contrary to the policies = T1V prrnrit is'n rerijedble permit, :_BrnZrrS Cnttim"re.verres Ike rlghoo rcri ke this'pernrit at any aiirre;ill the sale -:. . :discrrMon of Bra=os Connor,.jor interests:of i ithllr.hv41111,'.cirjett!-.or:ive jue, or,for failure to repair tory darirri�er- _ . o rrpnir demntrd,ijrfnr au}i bitter reason deemed srrjficreirl bj-BfaZas CDJw iiilt}: _. In the event Cumpuir}jRils to conrpl} n+itlr on ar ull.pf the rye ufrem6di:as sat ordli herein, the Codd nrav^fake,'.. ` such arlian as it deems appropriate to carpel campliduce Tire County'En�ineer farther reMins plte riglrf to revoke .•::this Permit by t�erbpl rinlifrcalian'to McApplicaltt/Corrtprtiry._ . "• - Firilure la wbtaiu this peintlf andfar rratify the CaurtljEr�ghreers Ojfce rvithin 24.lroiirs of begintilotg cot�struclian :` . • -sholl cnristinrle grrurirds jar job slrirtdor�ii. .. . By signing o1►, I cera that 1 am authonied.to represent lhe.Cotitpany listed-below,and that the Company agrees._ to the conditionslpiovisions included in this:permit. :. Cornpany� -_ . ... .... .tet'.� Signa _ -:.. _ ... tures .. .. .. .. - - rd Wes9�{,p,- 6 p: :.. A _ – — OJ . . . . . . .Cite•.....::. - r State' Lip �:_ :.;�_.,,.�7-1� .��:�'�-�- ,x.33 •• -. ..., . . . .' ,•� ,:.': :.: . :. - Telepliiine Nuiribet::. ... - WATER UTILITY APPROVAL Brazos County'offers no objection to the:propos/ed location of the utility. in the County right.of�vay.as shown by. accompanying drawings and notice datedezeept as,noted.betoiv: (Month/Day/Year) -EXCEPTIONS: .77777 : . . . ,��Brazos County Engineer • �.- •-ROAD RIGNT-OF4U4Y :,'; .. :,-. :•. •:? °. D'g'o.`( � . - CENTER LIN EOF COUNTY ROAD •,.:;j: SHOW NORTH ARROW. .. .. . . . .: .. . .,:�.' RORD�FiIGHT-0F�fUAY . �:::� • .. .:PLAN:VIEW:'. . .. :: CENTER LINE ::, €.' ....: -: w. 00,�� . . TYPICAL..SE BOUNTY ...CONRa �. 1 IN CROSSING ROAD OR GOING ALONG RIGHT O>=-WA Y,SHOW:DEPTFi�I:OCATIOIV OF CONSTRUCTION'IN:TYPE ..SECTION::PLAN ..' _- :.. 2:-;IN:PLAN.VIL�IV SHOW D STANCE FROM YOUR.CONSTRUCTION TO NEAREST INTERSECTION-;.- 3 IF ABODE PLAN VIEtih!ANDIOR TYPE SECTION IS IVOi APPLICABLE;THEN SHOW APPLICABLE FLAN ANDI 4R SEC.TIQIV �;. �. - ter - x Vol. 33a pg.-A9-3 _ f 07 wi ROAD.RIGHT-;~ ..- .. AV enc : . CEN CR CINE0F;C0UNT1f ROAD .: SHODU NORTH ARROW • ROAD RGHT-0F�A1FtY '.,:; -"• -.:W. : . PLAN VIEW CE . : .; -. .. .... LATER CINE . :.. :. . T 0 N^ .':: ' '-a. TYPICAL SECl'10 ! Y ROAD :...1 IN CROSSING"ROAD•OR:GOWG ALONG.RIGHT. F-WAY;SHOW DEPTH t LOCATION OF.CONSTRUCTION W TYPE v SECTION$:PLAN . '`. ':' 2'. IN PLAAN,_VIEtiN:SH0gl4f.DI5TANCE FROM`YOUR:CONSTRUGTION TO NEARS T:INTERSECTI4N 3 IF'ABOVE PLAN VIEW ANDIOR TYPE SEGTION iS NOT APPLICABLE,THEN SHOW APPLICABLE PLAN ANDS OR.SEGTION ;= - • Vol. 3�1d Pg. Gl � f a� �S �« * \ate ,`+•'` .. , •.fT `ser 1 �%'�� . � t', y � , E n . . "�r� � ✓ �.- `•-rte .,, '., BRAZOS_.COUNTY ROADWAY SAFETY-AND ROAD PRESERVATION STANDARDS FOR WORK_CONDUCTED IN :BRAZOS COUNTY RIGHTS OMAY A. Geiteral Requirements 1. Adequate drainage shall be maintained in.ditches at all ...... Permittee will use.best manageinent.practices("BMP'.)(EPA;and TCEQ both_provide list s:of esaniples'of BMPs)to minimize erosion and sedimentation resulting from`the_proposed installation. :: ........ ... 3. The permittee shall take precautions to-avoid darrlage to property:.AlI County Right of Way Arid propeiiy.::;: ` shall be restored to its original condition,a'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:priory occupant. 5. Permittee shall not interfere with,other utilities:located in.the.right of.wa ' 'In the event damages occur, permittee will be.liable to the Countyor other utilities-running through'the.:right of-way.-: 6.- Cougty,Engineer shall determine Whether:be not petmittee's:plans shall inconvenience the;public:of itis determined that inconvenience to the public exists,-then the Gouiity.Engineer will decide whether such project will be allowed or if:aa alternative exists.so as.not.to inconvenience the public. B Safety Reriuireaients• • !. -Proper traffic control measures must be put in ,lace. rior to_be innn wort::and remain in: lace Burin P , P S S P g the duration of the job...All traffic control measures mustfollow:the Texas'.Maritial of Uniform Traffic",", .. . Control Devices(TMUTCD).-:'See.Traffic Control Rcquirem"ents.below. '' 2. During construction;all safetyregulations of.the Texas Departriient of Transpotatiori'shall be observed: :; 3. Aermtttee must take such precautions and measures;including placing:and displaying safety'deviees;`;as'::- ,.,.... MAY,be necessary,�n order to safely.conduct the public ihrou h the.project area Company shall provide g .. -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 ofany,kind to persons.or_vehicles-using such::road.:Any poles placed irtiahe Right of . - _ Way for future installation shall be at.the back�of the Right;of Way:`.Exceptions may be approved:- Y the Count Engineer. . C 9''rafTc Co�itro!Plah A:t-'Mc control plan;pursuantto the TMUTCD or Engineered Traffic Control Plan must 6e:provided for the following: .. .a. - A' Ari construction i.e, it,excavation,hole):1.f en overni ht,re u res s ecifc niehttime traffic:: Y (� . P P control measures pursuant,to the TMUTCD`.. ' . . -Vol 3 pg, �l C.P b. if construction-is within ten(10)feet of the roadway;or C. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any-time work-is being performed.. - 3. Plan must set forth the time of completion for the job. D. Des4en Standards i. 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 iii the Teras Utilities Code,• - Section 181.045. :. 2. All pole installation(including fighting)shall be placed at tiie backside of the Right of Way to ensure safety to the public. Any pole placed in violatiorff-of this,requirement will be required to be mbved 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 de ths:-�uWli may dace des , r 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 aces measured from top of bank to top of bank; c. be at least forty-eight(48)inches below ditch.flow line if IoW' pressure gas or petroleum fines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; . d. not be closer than.ten(l Q)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 eased. 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,utilitylocation. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts May not fie'longer tliar'40.0' 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 f the annular space between pipe and casing and soil exceeds 6 6(I) inch. Brazos County must be given 24.hoursnotice of-pressure grouting operations and have the opportunity to have an inspector onsife to observe pressure grouting operations; von. c. T,xDOT-Standard Specification Item'a76 shall be followed ftirall boring,jacking,tunde.lint 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.listed above. c, pits shall NOT be located within ten(10)feet from'the edge-of pavement without prior:approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in p'roteciing 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'ineet 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.hot be permitted,except in an.instance' whereby the I 'ingi-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 tiro variety. Appropriate traffic control I shall be provided meeting TMUTCD requirements. D. In the event said construction and/oi.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 detenminecl 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. Enlereency"work I. in the event Company is required to perform emergency services,that requires excavation ina' County Right.of Way,and unable to notify"the County Engineer prior to.conducting emergency repairs;Company Y OI. 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. Repalrs.to gKLhn facilities : . - _ 1. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbanthe 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 toad,anyor.all poles,wires,pipes,cables or oilier 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. Hwit 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 descriptiori 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 the carrier pipe and the casing'. 3. Assurance must also be given that the installation material and;de's n meet.the minimum Federal Safe Standards for Liquid and Gas Pipe Lines. Assurance must 6e provided on'company letterhead and signed by an authorized representative'of the'company: 4. Petroleum Pipelines: Depth Type-of Pipeline (below deenest ditch Qradel Special ReQuirements Encased Pipe Less than.l0'.'_ Must be covered with concrete pad at least 36°'deep Encased-Pipe' -Grcaterthan'10' No concrete..pad required ... ... -Cased Pipe. .` Less than-10 Must be covered with concrete ad at least.49 .dee Nor-Cased Pipe, Greater than 10 No-oncrete d re aired ` Concrete pad shall be minimum of-3.7 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 petrolcuith pipelines(which includes natural gas.lines)and shall not be parallel to a County Road. 6. 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':¢� .• rn "m.muly : illltaoor lmelN lcw OwafolrtaN'M4 . . -'b. - .. :` I' ewml.Qo.;.l'- `ca`'.-• buem a.rmrm/.wlm of wmlvn:bwti.l...Uw TiP(C/l 161f1E�.:..� usw - � m to mV1e 1/ . �r 1 �Ih�- ; �:. .: Sffl RW ..1a0aOYA lai lif+l.�.. e}r 00'ff:G iN ni 0�f1 lid ,- .6Fatm Shf10Yt. lOC Ca1tOLT. SLt[0491'�� c+ 1 SLE' olvct ba•OIOa J "I :j Ifb rol 1W— is. O Its - �..,LLatata0ts>IIal a4..ill la ...•:...: ;�,H. I _ f :.merorNrotrtricvi.amllvbatt.�n.°�mumtilnu. ` - 4 ILw mfi.1 a 9 i a �' :GTK+MYN NO tIY aQatW Lriflp m4f4G:Ila0f1. n.a If011G 1�6 '.eallt.11ye 6♦n.a llat{.'14ofs aCJ�Y 4qa TY ptlQ b . I -'2�6� I I. 9o-:e�eN,.emaewlbr9stotoroe'e.v.®a b ' - aQwill 0Nem¢tirwh cltslYq b'. ' .Nl fad a va rtY111aY faO4O'fll I.M.mtllal to fa.C9li'. • - 1 - _ _ .. ..NmajN M Mfaf 4Dsar rot X1+69 MkoO.q b.- _ yy¢ 1 J noel cv w prsul-1rn»aoas f:.utlirzfshrt.railnra�aa. good U.oG•war.rt . �.a.fafl,Itxlr lYr aenva.6ar _ .. _ ',I ..-.�����: i.s..ma•n.far rmur,an m u...�. ...:.eamaa.: feel q< I 1 S- �' r.arsaa.mwalo..orwlmn.olaawt.ama." - a 801b 4tr��•1 Isla' Iter E!m ¢ t' 3 wlo faMjG; _ _ _ aa I `: ': ffr cntfltdlmxDc ...- �. tR0•t .. mtNenm`,m+rk w m+�w t�ud1 Io a•1'ar. yr opaam . ....I,Y� Mo•ro� '6Mur1oM.7i W.en]iMM OaCllm.: . . .., I .a• ! _ u-ia6• t0A11 cO�IC. I.... AtldD ' Tams 2rafl�nlIf 7fa>:forrdloe I b cel..1.es rnrmasrw oaa I� TRAFFIC CONTROL PLAN s.'aedai.n - CONVENTIONAL.ROAD SHOUI:OFA'1tORK' TCP l2-f o) TCP;(2-1b) TCP (2-1x) TCP(E-1)-12 WORK SPACE NEAR SHOULOER WORK SPACE ON SHOULDERWORK VEHICLES ON-SHOULDER Corwentional Roads....:... . Corrvent)artaI,Roads Conventional'Roads IaI ZZ., - .. v®1. 33a pg. goo I Item Coversheet Page 1 of 1 Ty OF 9� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021-Final Plat of Kuttler Subd DATE OF COURT MEETING: 4/27/2021 ITEM: Approval of the Final Plat of the Kuttler Subdivision,Block 1,Lots 1-3;8.999 Acres; Stephen Jones Survey,A-27;College Station ETJ,Brazos County,Texas. Site is located in Precinct 4. TO: Commissioners Court FROM: Karen Tyler DATE: 04/20/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTESIEXCEPTIONS: Owner/Developer. Keith Hyde Kutner Engineer/Surveyor: Schultz Engineering/Kerr Surveying ATTACHMENTS: File Name Description Tvae 2021-03- Application for Development Backup Material 12 Final Plat Aoelication Kuttler Subdivision FIRST.odf KU77LER SUBDIVISION-FINAL PLAT.PDF Plat Backup Material APPRO Duane Peters Date County Judge Vol. 33-2—\ Pg. 0 Brazos County Road"&B ldge Office =2617 SH 29 West .13r -TX-77803 k , �,� Telephgne J979)822=2127 q Fax:,(979 77M.4 4rrapu��' Email:�platsCa}brazoscounfitic:gov� ' .PLAT-APPLICATION: 4ppdCAT!ON:DATE,';03/1'112621 RESUI§W TAL. 17'YES: D.NO PROJECT!.SUBDIVISION NAME;'Kuttlet:Subtlivision - PRdJE&6DDRESS OR`iOCAMON.t9515 RiVe"r Road. LEGAL otseR!PTioN;A0027Q0,;S.J0NES(OCL 1-TRACT 4 CS,9...ACRES: iFRESUBMITTAL .'PRO.IECT:FORMERLY:KNOWNAS: NUMBER,OF;LOTS:;2 TOTAL•ACREAaE 8.999 JURISDtGTION.t .O.•. . 61TY-,LIMRs- p Co �13:OUTSIDE ALL CITY;UMiTS AtaD ETJs ,Ndtifledtlou ot.Applicatiok'eddioleteriesiWlll be glven W11111640 days.ofApplfcatton,date. Al1,iflcdmplete,A'plTcatioris A[6e rejected." iThts Apptication`shaU expire fieri(5)years from the Appllcgdch date of theprojecf. OF APPLICATION �:{NASTER.PLAI�i SIMPLIFIED PLAT ❑PREL(MINARY_PCA1V .. Q,FIIAL P1AT ❑AMENDING PLAT ❑'REPEAT. MANUFACTURED HOME Q RESIDENTIAL OMME [� CREIAL REt+1TAL.COMPhUNITY .. . ;Q_OTHER.(P,Iease,b#lain): • •• ' AIN IS.ANY OF THE-PROP-ERTY_LOOCATED IN AFLOODPLAIN OR FLOOD HAZARD AREA?- -_- 13 YES ©MO Abtcnowleilgraent':The":Bood'FiazaN Boundary meps and other Ito i'data used by Br' .Count�i fn evafuafing hood,hazards to proposQd:. Developments!are-considered r@asonable and accurat6.for ragulatary pu►poes and are based%on the heat`eii,llahte scientific;and eng)neering`data On rare occasions greater floods can and wip o�ciu"and tfaod heights may tie tricrea$ed by dao-made or;pafural causes isseanc�.of a Floodpleiri Petildt In eccoNance with the Btazos County FlodB Damage Prevention Ordinance does not:unpiy that Deyelopmenkdutside.tlie areas of speeial. frdgd hazaiiiWil 1te tree from flooding o hood damage Issuance of:a�p66W'i§hall not-create tiabitity on:the pact.of`.BrazosCounty orany oTflceror emplo a of Brazoe'County iMhe eventfiloodin' of flood.damage does:occi n - Ye.. 9 � • 91f,WAY WtLLANY-CONSTR th6N OCCUR IN TxDOT.RIGHi.TrOFWAYS2. 3 YES + • COUNTI ENOINEF.R ap08E.'(.pdfM ) tj.AutoCAD,(ft:6le) (ErcallTaiPlets•@tirazoscounty6igov), 811'ADDRESSING [r]Al]OBE : df:fae )]AutoCAD.{.dw :fife 1 P ) ✓) -) (EmaSl To:A160lirazos6o6c6fx:&4 1 Vol. 3 Pg. goa FIRM NAME.-Mith Kuttler CONTACT:.Keith WHO ADDRESS:9515 River Raad crrv:CollegeStation 'SUTt:Texas Z1�77845 .PHONE:979=779-1900 FAX: E&IAIL'keithi*uttler@giina l.w'm 'J cPROPERTYO�f!►NFRJNFQRMATIO . _ _ .�ari--.... .;nl.`�s ., .f.;=+• ter.-.: ss�;_. _�. _-_._.a_ .:1.&�e,�a:�.z_, u.s �.,}vs. .•c�.„-.'f.w�. MRM NAME.*1Ce tFi,Kutner :CONTACT:Keith:Kuttler - • ADDRESS:95:15 River Road CITY:C0118ge.SfatlOn STATE:Texas; zIP:77845 PHONE:979=Z79-1.900: Fqx: EfviAiL:keithhkuttler@gmall.com ENGlHEEE;INFORMATION ^ t � s :, , ti rsrc t�+ tffR >✓ r :�rr+:>;t..-..�.:: rf.. ..�'�c..k_ ..t• , _ .s•aSS_ ? _ ,.s_ t3._.!. ._£...a.. ..�`e _sc S.,.t,,;y .:a r=t FIRM NwiL_.8chditz Engineering CONTACT.Joe`Schulti' ------------ ADDRESS:911 Southwest,Parkway CITY:College Station STATE:Teras zIP.77840 PHONE<979,_64.390.0 Fast ;EMAIL:joe@9bhu1tzehg.com_ rrSURVEYOR R-, � y�r.•..�-+sF._,W..,.:?.-�.•<. M.r:�,.. .c a�`�c± _ ...,s...`s�s.� �y..�+,..,,.. :.r' r z_ - �.-'Yi�xy t'� i..Y..ia. '..s.<re* _FIRM NMAE:Kerr.Surveying CONTACTt INatheTl Kerr ADDREss409 N Texas 4ye : :CITY;Bryan `STAT)=Texas Zier77803. PHONE979=268-3195 FAX EWIL:nathan@kerrsurveying:net tiSorHSRln .�.•mY:S� '� i-�1Y Rl <"h'+�. .s t�'! ��?'r.. ry r.�� 9N�;s t,r f.,kS. 9X 'fir�j, � s'S`{:2 � �4r'ti FIRM NAMES CONTACT:. ADDRESS CITY: STATE:. ZIP PHONE:. FAX EMA1L Vol. 3 Pg. X03 By thy signature,i hereby affirm,ittat I am the property Oi�vnerAo record,or,if ttie Applicanfis-an orgarilzatidri or buslgesd entitji Il tit authorization has been granted to represent tfie Pwner;organization or business in this Appilcation,t certify thof the preceding linfaimatioh Is complete and accurate'and It is:understood Ihat_I ag a to the Developmerift bdlvislon of Us•prdor li.: sldruiTilRE .Keith ,Kuttior DAT:- PRINTED,NAME:• SIGNATURE: PRINTED NAME: .DATE: By signing lMs,form,the-Cwner of the propartyi authorizes Brazos Carroty to:begin proiaedings to axardarice'with the process for this'1190-Of Appricatibn indcsted-pri'page one of this.Applicattgri.The Owner further-acknowedBes that'subniisston of ah Appltcakri does io(In-anyway.obllgate the; County 1`9'. apQrnve the Application-and'that allhdugh .County,sta# may'make certain iecomtnendatlons tegan ing this Appltratton, 'the Camint§siO 0'Court may.notfdiotiv that recommendation and may make a final dedsldn that does not canfaitn to the Staffs re mmerxla6on MASTER.PLAN;- No:charge -SIMPLIFIED PLAT: $100' -PRELIMINARY P!-'AN- 5150 -Alo per(bt FINAL PLAT: 5200#S20-per lot AMENDING PLAT: 510.0 REPIAT:. DATEAPPLiCAT10N RECENEDc• a !. 7DATE APPLIEATIOtJ 1�ECENEDlREdECTED: / ! r SIGNATURE SIGNATURE; '. Receipt of this Application by Brazos County does not provide confirmation or-acceptance of a complete ApOcaation, nor does it'Watve requtrernents for any addiliorial hrforinafton riot contained as partof this-A Icationwhich may also be needed as'a partof the revrew p ocess. ! Application Check List: Copres of.finished piatwith.corrections (if any): El Three.(3)hard copies to Brazos County' El One('t)-.pdfcopy_to.Brazos County O One{1.),dwg copy to Brazos.County O One,(1)hard copy io Brazos bounty Health Disfaet ❑ One(f hard copy to Brazos County 911 El One(1)hard copy"to local'Water District:or Company Letters'of approval(10 be serif Uy tits approving institution;directly to:Brazos County-,Engineering):: D Let#erfrom Brazos County Health•District-'ForOn-site sewage--evaivation. ❑ Letter frorn Ora" os:Gounty 911-Fpt Road names. O Letter from Water.District or Company-.-Stating water auaitability,-etc. If prdperty-i5-within am Extraterritorials Jurisdiction (ETJ)of:a City:- O Approval "notification frotii appropriate City: Applicant attests:#hat they:have.signed, this Application:in the capacity designated,If any, and further,aft that they,,have read document"and the statement corit'Mried.herein and 'any'attached:are trueand factual. All, Appi i is are eticpuraged to revie-ii the'Cotinty:Regulations prior to--any plat,s�tbinittal, It is"understood:that this,Applicatidih-is hdt-ifintsh&d or dated until alt:documents .listed 64ove ar_e. filed: at the Brazos Ctiuiity Engineering-Office'and:all applicable-blanks--are:flled in the Appiicatiort:above: Vol. Pg. Imo( SIMPLIFIE DFIN a • j • • EMENTS Every Simplified:Plat shall include all of the-following:' 0 Title Block with the following information: O Name, address, telephone and.email address of S.ubdivider, recorded Owner,,Engineer•and "surveyor. El Proposed name oft ubdivision. (Subd.ivision naive & Street names will be approved through the Brazos County.911..) (Replats need to.retain original Subdivision name.) .0 Date of prepardtlon..(Include.the date of;any revisions on the plat.) 0 Engineer's scale in feet. El 'Total area intended to be'developed. 0 Proposed numberof Lots-to:be developed. .0 •Re=plat&Amending Plat,:existing Lot and Block description or Abstract name and number. 0 North arrow. 0 Drawn on 24" x 36 sheet to scale of 100-feet per inch or larger. 0 Subdhnslon boundary indicated by-heavy lines-,.Boundary must include all of Parent Tract.. D All horizontal contedl_and vertical,elevations. depicted on-the plat-shall be tied io NAD83 and NAVD. 1988 Datum. :0 A vicinity map, drawn-at a scale.appropriate to show all nearby major Roadways�addi sufficient in detail to identify-the location of the proposed plat. 0 All adjacent property Owner's names, deed record, or Subdivision name, Block Band Lot number, and eicisting;use:. 17 All parcels within the-.tioundary of the Subdivision shall.have a Block and:Lot number shown on-the face of the-plat drawing. 0 County boundaries,. City limits; Extraterritorial Jurisdiction (ETJ) boundaries, school .district boundaries and Subdivision section and/or phase boundaries. D Road ria.mes and Rigtit-of-Way.width for all Roads. (Existing and proposeii) 0 All existing and proposed-plat boundary lines, phasefsection lines, and Lot lines-with beatings and dimensions. 0 Utility Sei'v_ices. (Water, wastewater, electrical;.natural gas,.cable, phone,:-etc.) 13 Pipelines; Label company with volume and page. .0 All certification language as found, in Appendix t. 0 Easements and rights-of-way shall be-dedicated .to the public. The dedication of all Easements and.rights-of-.way shall be.accomplished free-of liens. The.dedication_shall__be accompanied.6y the -Certificate of Ownership and Dedication language found. in Appendix C. The Owner's and any'lien holder's .ded.icailon; acid restrlct'ions :if any .duly ack'iowiedged in the manner required for acknowledgement-of deeds,:shall also be•provid•ed. 0. All, pe'oPosed Easements and existing Easements of, record •that have a designated route .shall be shown.on:the plat with bearingstard-dimensions_ The Owner shall be.responsible-for=o.rd nating with'all Utility Providers the-location of all utility•Easements that.are shown on the. Final Plat.. El Building Setback Lanes for :each proposed`Lot; as -defined herein. For Subdivisions located within -an Extraterritorial Jurisdiction(ETJ)• this maybe shown-n the drawing or included as a_plaf note. O •Metes :and bounds description:of the property to be .subdivIded shall:be,certlfied by a Registered. Professional Land -Surveyor (RP.LS), -describing a be point and reciting bearings :and Vol. 3 a Pg, �O�J distances to a corner.of the original land grant survey of which the Subdivision. is a O rlt,-according to the best available data. (Shown_on drawlIng;'not-separate;description) El All Subdivision :external corners, -angle points, points of curvature and points of tangency shall be s'et by .a Registered Professional Land Surveyor (RPLS) before the plat Is'recorded,-and shall-be a' fxDC?.T "Light Duty Setting" monument with an aluminum.or, bronze disk as specified in Appendix.C of the TxDOT Survey Manual of April 2011, Alternately;. Berhsten® Standard -Aluminum'Base monument (or equlvale, t -as -approved by the County Engineer) -embedded -and backfilled with compacted sand may be used. All Daughter Lots, Blocks:and rights-of=way within the,Subdiv..ision shall'be fully, monumented in compliance with the Texas Board of Professional Land Surveying Act and the .Board.;Rules -set by a Registered Professional Land Surveyor (RPLS} before the ,plat',is recorded. .M Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles., b'earings,,:Block-numbers, and sim_ Itar'data shall be referred. The plat-shall be.located With .respect to-a corner of the surveyor tract~, or an original corner-of the original survey of which it=is a part. All boundaries shall-be.tied to a County conirbl monument. 0 The ,plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained, in the Owner's dedication.. E) The On-site Sewage Facility (OSS-F) setback'as,required by the Brazos County Health-District.. M The location, zone classification and panel Effective Date of'theA 00-Year Floodplain.as dentified on the most current :Brazos County Flood insurance Rate-Map (FIRM), published by the. Federal Emergency Management Agency.(FEMA). O If there are any areas within the plat that Include. a. FEMA-mapped Floodplain.. with a Zone ,A classification., or if there exists within or adjacent to the within any water courses whose upstream drainage basin is -larger than 64 acres, the plat shall also show the extent of the 900-Year .Floodplain as determined by an engineering .study under the seal of a Registered .Professional Engineer. This 'study shall be sufficient in scope'to determine and establish a- BFE:for all-po'ints within"the plat, M BFE's shall be shown for all points within the plat,.as determined_by the results'of:an engiheering study. For plats where a FEMA-mapped Floodplain with a Zone'AE classification exists Within-the plat',the BFE.established by the accompanying FEMA- published flood'study may be substituted for the engineering study. El A minimum lowest finished floor elevation (FFE) -for B,uildlhp shallbe.established,for each .Lot- within `the plat; -This minimum FFE� shall, be twelve (12) inches higher than the 'highest spot elevation-that is,located within five .(.5) feet outsfde the perimeter of'the Building, or-two=feet above the. BFE, whichever is higher. 0. If any areas within -the plat include. a 90.0-Year Floodplain -(as determined by the results of an engineering study or as established by FEMA), a benchmark shall be e§tablished -by the Owner -within.or immediately adjacent to the boundary.of the plat. The location, description and elevation of the benchmark are required to be- identified: ion, the face of the plat. The 'elevation -of this benchmark shall utilize.the.same.vertical datum` that used in the engineering study to'determine the FEE. p A's-eparate drawing containing both' existing and proposed topographic information at 2-FT contour- `. intervals along with the plat boundaries, Easerrienf locations (eiiis.ting & proposed), and .culverts (existin;g & proposed),. 2 The ceetffication language-as found in Appendix:C for both.the Commissioner's Court approval.and the County Qlerk'.s filing certificate shall be located on the face of the plat. These signatures shall be obtained.after'approval by the Brazos County Commissioner's Court. O If any Lot within.'he plat will be sealed, by-a. well'or an On-site Sewage. Facility (OSSF), a letter must be provideby the Brazos'County Health District stating they havo examined the plat and that It is in compliance with the Brazos County On-slte. Sewage. Facility .(OSSF) Regulations, Construction Staridards for On-site,Sewage Facility (OSSF) Regulations as published by the Texas Corhiliissiori on Environmental.OuaUty (TCEQ). This letter must be signed by. a representa#ive of the'istrict prior to-Fina-I Plat,appraval. VAI.. Pg. El if the plot contains a. Water w@.II site, th0e., shOill 156; a depildflon '6F the TCE.0 separation -requI.re..m,en.ts,ppr THW 30, Part 1, pticipter'290,Subchdptqr D Rule:§290.41. El If rural route mailboxes are-proposed, the Olat."note as found in Appendix x%G..2-for placement Of such rhAilbi*d.s..shall b.6.shown on the face of the plat. .M if any areas of the Plat are located Outside of all incorporated areas, the plat note te as -found in Appendix 0;1 regarding -the reqUiremont.to obtain a, urflque DeVeloprheht- P ermit from the Brazos :County Floodplain AOmlrfistratbr prior to locating,or altering a structure or land-shill be the plat. placed on El It ;is the responsibility of the Owner,to assure that,the proposed name -Of-the Subdivision is not - u pIl`ca.tbd..'SJbdfVNIdhs with.diffi6rerit-6ectiohs.are considered urilque.'The-Ominer shall check with 'the'County Clerkis records for verification. brlyeWAqqlverts:for all.Lots shall be designed by q Licensed Professional Ehgifi6er: If entrances 'or driveways are proposed fronting "Texas- '13,60artment of Transportation on -(TxDOT) controlled highways, farm-to-market'Roads,-.o' r others,top'l6s of c6rredpqndence-with Tx.DOTare e r6qUited:to be submitted with the Preliminary Plan stating that.the-general entrance. or driveWa'y :configuration Is within TxDOT's 014611068. Formal. approval-of theApyout from Txl)OT,is required prior'tO.approval-of Final`Plat: El The diameter and length for each driveway quivert.shdi i I 'be shown on a table on' plat. This "I'dormation;shall also be placed in...the deed restrictions for the-Lots Ih the Subdivision. h u diviiiom El The. 6.wn.er.shall provide a letterwdf serviceability ftom an 'entity or entities providing-water service or-t letter stating that no service-Is available-withiti 300--fee't 'of the Subdivision and'certifying that the Lots"ire suitable for pri.yate Wells. M Any Improvements proposed within the Rlghtm.of-May Including, out Opt limited to,. irrigation, landscaping, -sidewalks, Subdivision identification. 'signs etc. shall be maintained in �acc&dance with an executed license agreement between.the Countyand the Owner. El This-check list along with the required Cbpi6S of the. plat shall be-submitted.to the County Engineer W approval; 0 Location and -.size of all existing and proposed subsurface andsur'face water.drainage.facilities, water bodies on or Immediately adjacent.to the.sUbjec, property and optqnt i6 , n basin if El All.existing and proposed watercourses-or Manmadd.drdlh 'e charfrf6lt 'shall be located-within-a a9 Coramon.Area�to be majinialned by(imeri Vol. Pg. 20-1 I"RY PLAN-REQUIREMENTS 31 MASTER PLAN.J. F�ELIM ev qry.MastetPlan/'Preliminary Plan'sh6h Include.all.cif theJolliJWing:, 0 Title Block with the-following Information: Ef Name, Address, telephone and erAEiil*add,ress of Subdivider, recorded -owner; Engineer` and surveyor. ❑ Pro osed-name of Subdivision. �8ubdlvlsion name � Street will be app' P rdvdd through the Brazos 60'u' niy 911 13 -Date of preparation. (Include the date of any revisions on lhe.plan..) 0 '8'ngipeersscale In'feet. 13 Total prea'ffitended to be I developed. M Proposed number of-Lots-to be developed. - 0 Abstract name.and number. [3 The Preliminary Plan -shall carry the legend -"PRELIMINARY PLAN"'POR. REVIEW- PURPOSES D North.arrow. '[1 Drawn ori 2'Vk x 36"-sheet to scaI6:0' f I 6046et p.br.'inch orlarger. 13 -Subdivision boundary indicated-by heaMy lines B66.hdafy must Include All of Parent Tract. 0 All horizontal control'and vertical elevations;depicted :on the 'pian. _ep dt_9,d -shall be,tiedlo NAD83drid NAVD 1988 'Datum.. Ej A,'Viclhity, map, drawn.at a scale.appropriate!to show All nearby major -Roadways-anal sufficient In detail to identify the.ldcati6n of the proposed plan.. p OP E3 All -adjacent property Owner's names, deed d record, or Subdivision: name, Block and -Lot. number, -and existing use. -01 All garce.1t,within th'd b.66ndary of the,Subdlvlslon shall have a.-Block .p.nd Lot number,shown 'on the 'face--bf the plan?&a'iwino. 13 -County s,lim C boundaries, City itEktrolartitoti'al,. .Jurlo'dlct!On (ETJ) bbOfidatl.6s, t6tfo' P - limits, l district boundaries- And Subdivision-see ndidr*phase.boundaries... 0 Road sanies and Road beii'griatt6n '(whetherlhe'Road will:'be public or pri.vately own-ed), PaVeffidnt width and Ridhtmof;.'Wdy Width 'for All' proposed Roads within and iii .eilitling Roads-.abutting the plan, (Pto.p.osdd.and existing) xi All existing.Ing and proposed plbn .6o.und'ary]in6s, p — .; . .- . haselsodfth lines, and Lot linds With bearings and dimensions. Ej Utility Sefftes. (Water, wastewat&,. electrical, natural gap, cable, phone, etc'). (Existing -and proposed.)' [3 Pfpe'llpq4:JabeI.compqrjy With.vo.16-me and,page. i. [3 The Pt6fliminary Plan (including -the entire. Parent- Tra-pt If' ohl a portion .of.that 1tact-Is to 156 ir. Parent: . _­ ­y - t subdivided) phall be shown"oh 6 single sheet,'regardless'af-Its-acreage. The Preliminary Pian,�mii may also .,b .multiple.'e 4 shown -on .multiple. -sheets if nief6esis"ary to show- ail I detail, and' r�qqpkrqd Irkfotmation as reouir-ed,by.,this section. 13 Size, in acres, of all Daughter Tracts. 0 Centerline-tangent lengths and curve data for all propqsed.Roads. [3 Easements and rights-of-way-shall be..dedicated to the-.public. The 46dic40 tion ..'f-ail Easements an.d Fights-of-Way shall�bd'adborriplishod free of liens. Vol. Pg. ❑ All proposed Easements and existing Easements of reco d.that have a designated route shall be shown orr the-ptan with bearings and dimensions.; The Owner shall b6Ye9ponsibte fot.000rdlsaating With all Utility Providers the location of all utility Easements that are-sh"own on.the. Final:Plat. ❑ guildng Setback Lines: for each proposed Lot as.defined herein. For Subdivisions.located within an Extraterritorial Jurisdiction (ETJ), this may tie shown on the-drawing.or included as a pian note. ❑ Metes and bounds description of.the.property to.be subdivided shall be certified by-a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings. and distances to a-corner of the original land,grant survey of which'the Subdivision is a part,.according to the best available data. (Shown on drawing; not separate.d_escrlption) ❑ Primary control points or,descriptions and ties-to such control points; to which, later,-all d'im,ensions, angles , bearings, Block nurribers:, and-similar data shall b'e:referred. The plat,shall be located with respect-to a corner of the surveyor tract, or an original corner`of the original suwey of-which it is a part...All boundaries shall be tied to a County control•monument. ❑ The plat note-regarding. Owner's ,resp-onsibilitles as found in Appendix 6:4, if'not contained'in.the Owner's dedication. ❑ The On-.site Sewage Facility (OSSF) setback as required by the Brazos County Health District.. ❑ The location; zone classification and panel Effective Date of the'100-Year Floodplain as.identified on the most current Brazos County Flood Insurance.Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). 0 W there. are any, areas within the plat that include a FEMA-;mapped':Floodplain with a Zane. A. classification, or ,if there. exists:wiibin or adjacent to the plat any watercourses whose.upstream drainage:basin is. larger 'than 64 acres;, the, plat. shall :also show the :extent of .the 100yYear Floodplain as dea determined by :an engineering study under the seal iof_ Registered Professional Engineer. This study shall be 'sufficient in scope to.determine and:-establish"a BF.E for all points within the plat: ❑ BFE's shall ,be shown for all points,within`the plat, as determined by the results of an engineering study. For plats where-a FEMA-mapped :Floodplain with alone AE.classification exists within.th-e plat,-the;BFE established by the.accompanying FEMA- published flood sturdy may be.substitutedfor the engineering study. i ❑ A minimum lowest finished floor elevation (FFE)4or Buildings shall be established for- each 'Lot. within-the plat. This minimum FFE shall be'72=inohes higher�thari.the:h)ghest spot elevation that is + located dvithin five f _outside•th eete,perimeter of the Building,:or'two-feet db:V6:the BFE; whichever j is higher. i E3 If any .areas within the plat include -a 100=Year- Floodplain (as. determined by th.e-results of 'an engineering'study or as' established 'by FEMA), a benchmark.shall be estabiishe.d by the Owner within or-immediately adjacent.16:the.boundary of the plat. The.location,-description and elevation of the benchmark are required to be identified on the 'face- of the- plat. The= elevation of this benchmark=shall utilize the.same_ vertical datum.as that used in the .engirieering study-to determine the FFE. ❑ A Arawing containing both existing and proposed topographic`information-at 2-FT contour intervals along with the'plat'boundaries, Easement locations (existing &. proposed), and.culverts (existing proposed). ❑ if the. plat contains a water well site, there, .shall be A depiction of "the_ TCEQ separation requirements per Title 30,.Part-1, Chapter 290, '6 chapter.D Rule §290.41. 0 It is 'the.responsibility of the Owner-to assure that the proposed name of-the. Subdivision his not. duplicated.S*ubdivisions with different sections.are considered unique. The Owner shall check'with the County Clerk's records for verificetlon.. ❑ The Owner shall prov%de.a letter of serviceabliity from an entity.or entities providing Wd't,er service i or a.letter stating that no service is available within 300 feet.of the Subdivision and certifying.that the Lots are suitable for private"wells. apg. (�Cd :❑ If entrances or driveways: are proposed fronting Texas. Departtrienf:-of Transportation (TxDOT)' .controlled'highways, farm-to-market Roads; or others, "copies of correspondence with TxDOT are. required to"tie submitted,with the Preliminary Plan stating that,the.general entrance or driveirray configuration is withitr TxDO.T's guidelines. Formal approval of the layout from TxDQT is required prior to approvaj of Ffnal Plat... Q For Road widening 'and drajnage purposes the Owner shall:dadicate the Right;of-uUay.. In the case of drainage-that is provided:for the Lots, it shall be located outside of the Right of=lNay in.a private :di:ainage E'asem'ent. In the case of drainage that is provided for the =Roadway,"it;shall lie located 'With!n tl,e:Right=of*ay. O "Indicate the centerline length Of_each_Road in theproposed Subdivision`arid:its-design speed. Q if the Roads.within the Subdivision.will be privately maintaihe;d,`inciude'the appropriate note.(s),per -the requirements of"Article'8,of these Regulations. .0. Locations-df d isting and proposed private:alleysc. 0 Locations of existing and:proposed,,public areas: ❑ Locations=of:othpr public Improvements,•includ pg,b"ut not limited tQ.Oarks, schools and other ,p"ubl c 'facilities._ " 0 The focation of proposed clusteraiiboxes, as required: All;proposed Off-site Easemenfs for infrastructure construction.must be shown on.the F?relintfnar'y Plan.. ❑ Proposed' phasing: Each phase must be able to -stand' alone .to=meet p. these :Regulations. O Location and size.of all .existing and •proposed subsurface and surface-water drainage facilities, Including water bodies on or immediately adjacent to the su6jectproperty and detention.basins, it needed: ❑ if ',the proposed Preliminary. Plan 1s to ;be t.a Private Subdivision (containing pr..ivately.maintained .Roadsy,:the title of the plan shall:contain:the phrase, ".A.Private Subdivision Refer to Article 81or additjonal:requirements. O This check aist:along with the,required copies.of the Old n-.shall be.submitted-to�.the County f-p Ine,er for"approyai. .❑ 'include -a description of contributing. drainage to the proposed .Subdivision. The submittal shall •inclutle. M area,:slope and tyoe of Development in the contributing area., " 0 Drainage.narrative.it compliab a with the BCEDG. Clearly Indicate it a method"of sanitary sewage treatment and�or:disposal such as,.but not limited Io, :municipal sewer 'servii.ce.; private: sewage disposal :system °and" Orr-site sewage facil tles _inciuding'.the aize and ,location-of all proposed sewer mains"and,manhgles..Preliminary grades for" each main betweenftnb ihoies and the.depth°at each manhofe shall•also:be.shown. O All 'existing aril propaseti.Water courses'or manmade-drainage:channels shall'tie.located.wltiii,n a :Coma on:Area-to be. haintalried.6yOwner. v®i. 3a pg. �o a � a a • � a � � � .Every Flnal Plat must Inciti& ll of the idms provided bn the Simolified Plat"checkilstas.w®ll as the followina: El Fol` Road widening and drairrage, purposes the :Owner shall dedicate"thio Right-of. {Nay. In.the case of,drainage that is provided for the-Lots, it sh'ali be located*outside of the Riga of-Vllay in.a pFivate drainage.Easement. In the case:of drainage that is provided for(lie Roadway., h shall be located WIthinjh' Right-Qf=Vlfay. O If public Roadways:are 'to ,be built as part of the ,plat," the plat note•redarding;the respor►sibility for-construction of;Roadways as found'in Appendix.G.3 shah be:placed :on the facs_of the plat: El The plat ngte regarding. Owner's responsibilities as found In Appendix 'G.4, it. not contained._fn.the Owner'sAedicati'on. El Indicate the :centerl'ine length of each Road_ in the proposed Subdivision _and its design speed. IB If more than fo_ur mailboxes are to :be; provided :within the'gubdhilslon cluster mailboxes shall be provided-and the location of;sueh shall be indicated on'theplat: El If the .Roads 'Within the; SubdiVision will .be' privately -inaintairied, incldif® -the :appropriate:note{s) perft a requirements of Article t3`of'these.Regulations. p Locations of,eidsting:EiM proposed private alleys. Locations_af existing and=proposed'pu:blic areas. M Locations of other Public. Improvements; ,including but not limited to-parks,. schools :and other public facilities. ;Ah, Off=site Easements "for infrastructure-construction must:be; shown on the Final Plat `with a volume and page listed -to indicate where the aeparate `instrument Easements were filed_. .Sepa.rate instrument Easements ;must be "file prior or ron6 rrentty-wlth Final Pict; D Froposed-phasing. All,phasing shall be;in.accordance w thlhe approved Masfe�;Pl.an andlgr :Preliminary Plan' .and each phase must:fie able to. stand alone :to meet requlreriierits ofthese Re�uiations. infrastr..ucture costs should'be separate for ,each phase of the:Subdivision. E7 :Location and size: of all ":existing and`,proposed subsurface and. surface -water -drainage facilities,. including water bodies: or immediately_adjacent:to the si%bJ.ect °property:. _ - Cl If the. proposed' Final Plat is to` be a, Priv:ate >Subdlvision (containing; privately. maintained Roads), tire title- of the "plat ;shall'contain -the: .;phrase, -"A Private :Subdivision". Refer lo--Article 8 for additional requirements., lb In the case= of- ah. "On=site. :Sewage Facflity ;(QSSI=)..: 'the: _Dev®.toper shall be responsible for pr641ding..a Developm®nt Plan,. 'as performed 'by a Professional Sanitarian, a i_icensed,Professional Engineer, ar person certified, as required by TCEQ Title U. 'TAC ,Chapter"285 The sewage, disposal pian shall be performed -according and iegulations estatiiished by tile.°Brazos GourYty""On.siie Sewage Facility (OSSI=.).-Order and TCEQ Titie 30'TAC Chapter 28.6. Vol fig• �Il N WK— ® VICIMTY MAP FINAL PLAT OF THE syq KUTTLER SUBDIVISION BLOCK 1,LOTS 1-3 i a999 ACRES �e� xocnrmuaaxo�n..wcs mn¢wxx�s�nvaxwmn exam canmuYu �orxo Vol. Pg. o� APPLICATION FOR TAX REFUND Collecting Office Nome Collecting Tax for:(taxing entities) Brazos County Tax Office' Brazos County,City of Bryan,City of College Station 4,151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph:979-775-9930 City of-Kurten,Navasota ISD OWNER'S NAME AND'ADDRESS MUNDEE RICHARD D JR' 4384 TUSCANY TRACE COURT COLLEGE STATION,TX 77845 PROPERTY DESCRIPTION Legal: TUSCANY TRACE, BLOCK 2, LOT 7,ACRES 2.09 —Address: .4384-TUSCANY TRACE_CT Account# 300505 - TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested Brazo�nty 2020 03/05/2021 $2671.90 $220.62. Taxpayer's reason for refund: )�� -v J,r p REFUND TO: EJ MUNDEE RICHARD D JR 4384 TUSCANY TRACE COURT COLLEGE STATION,TX 77845 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." XAOAO A 0J CIO 7-o Z Ignatufe 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 D91fMM8T10N tax refun s [ proved I Disapproved 4h1 ( , 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. 30� Pg. � I3 I A1C. KLU t I P 1 03/05/2021 01:54PM KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR _--Receipt Number______j 4151 COUNTY PARK CT r ^ 3Q41883 BRYAN, TX 77802 Date Posted03/05_/2021: Payment Type P;1 Payment:Code;. Total Pald r ,f�,S9,1SY_80l PAID BY: MUNDEE RICHARD D JR 4384 TUSCANY TRACE COURT COLLEGE STATION,TX 77845 Property ID Geo - _- �--- v .Legal_Acres'-_ - {� _ Owner.Name:and Address V -' --:.-30050.5-- ----1619.130-0002-0070_- _- __ _- -12.0900..._. __. -I i_MUNDEERICHARELD- 11 -,_ 4384 TUSCANY TRACE COURT COLLEGE STATION,TX 77845 TUSCANYTRACE,BLOCK2,LOT7,ACRES2.09 DBA Named 4384 TUSCANY TRACE CT ' Enti{y^ Year Rate Ta_x_a_b_le Value Stmt# _ Void_ _Original Tax Discnts _ _PBI Att Fees _Overage Amouirt Pd� EMG SVCS DIST#1 -2020 -0.03000 -495,208 16129 N 148.57 0.00 13.38 0.00 - 0.00 161.95 cBRAZOS�CO-UXCL= 2020 0.49600 495,208 16129 N 2,451.28 0.00 c220:62%' 0.00 0.00 1=2;871;% COLLEGE STATION ISO 2020 1.22900 470,208 16129 N 5,778.86 0.00 520.09 0.00 0.00 6,298.95 9,132.80 Balance Due As Of 0310512021. .00 Tender -� Deta_ils_. - Descript[on. Amount; Check ... - 3625 _.• _. ..: - _... _ . 9132.80 9132.80 Vol. Pg. I Operatoridl .__ _ tradke 34968(03052021TRR) - _ 9,13280 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code TMAW..'�l h- APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS WILLIAMSON KENNETH III&VICKIE 6800 BENDWOOD COLLEGE STATION TX 77845 PROPERTY DESCRIPTION Legal: FOREST LAKES, LOT 112 Address: 6800 BENDWOOD , Account# 27443 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested BR--COON . 2020 03/08/2021 $6072.43 $141.51 Taxpayer's reason for refund: T�C �.� �� t6 '�v•(- be,S�� L7 mut or 0O'LL `f- . REFUND TO: +-0 Q,-s NLJ L) WILLIAMSON KENNETH III&VICKIE 6800 BENDWOOD COLLEGE STATION TX 77845 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" ) gtat 3f k 1a-] 5 rias ate 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 re d is j Apprde I Disapproved Lf h t zl 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. 3 Pg. � I� i APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for.(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1, F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS KOESTLER ROBERT C&SALLY M 2004 PEBBLESTONE CT COLLEGE STATION TX 77845-5562 PROPERTY DESCRIPTION Legal: EMERALD FOREST PH 6, BLOCK 1, LOT 6 Address: 2004 PEBBLESTONE CT , Account# 26783 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZBRAZO&C-OUNWY 2020 02/23/2021 $2968.02 $32.26 Taxpayer's reason for refund: SEE ATTACHED LETTER REFUND TO: KOESTLER ROBERT C&SALLY M 2004 PEBBLESTONE CT COLLEGE STATION TX 77845-5562 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." 5t na ure ERR 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 DETERM TION Th refu is [�r ved ] 'sapproved 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. 332: pg. U TAX RECEIPT 02/23/2021 03:28PM *`DUPLICATE*` KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR triReceipt Numbe.�;� 4151 COUNTY PARK CT 3039779 _ BRYAN,TX 77802 ----- �ate'Fpste`d���:�_=•_—_07123/2021 Payment Type '• P, Full, �otal;Pati!'i,... u, 52968,02 PAID BY: KOESTLER ROBERT C&SALLY M 2004 PEBBLESTONE CT COLLEGE STATION, TX 77845-5562 1.��''��• •��:.�.-----___,r-ems:-'^�-�-•.,•. .`C..• =.,_ - :;C�.,'?,'ir_r_:y.=`-t1:__"-m^.-.^z'•....-*-••----� �^—r.-_n_•�^.-,-'.fit^�"'^_.iF.;,Tc'-r-r--, P.ro�erty_�b.., •:Geo .:.�.,�,:_._-.' �_�.__ " .c``I €�•:;�='"_'�;:;,: � ,•• . � . , -=;.,:•,:�� .. L•�egal:A�res�.,�.�•_�=='1 , . ;Owner�Name a_rid;Ad'dres_s�••.••.,�';�,:�i 26783 ��249000 0601-0060 0.0000 KOESTLER ROBERT C&SALLY M _ 2004 PEBBLESTONE CT COLLEGE STATION,TX 77845-5562 ;ti;:c, s:. r-,rte..,L•'ega!'.D'escription::''; �d EMERALD FOREST PH 6 BLOCK 1 LOT 6 .:8iituS: ,;.c i.Y_.a..�. •c_ - '•I:•.:�.3_ - S::s.�.^�.�_,.....iL._: v;';� ..�.,.._ 2004 PEBBLESTONE CT , ••Entit{/- �:`�"'- •Year-�;�Ratew atue_� Stmt#: Void Oii/�InahTaz �`01§cnts_-�•-_:�P&I �•:Att-Fee_s=''sOverage�A�rtount;Rdu BRAZOS COUNTY 2020 0.49500 194,500 70629 N 460.88} 10.00 T 32.26~ 0.00 0.00 493.14 CITY OF COLL STAT. 2020 0.53462 226,025 70629 N 783.05 0.00 54.81 0.00 0.00 837.86 COLLEGE STATION ISD 2020 1.22900 229,500 70629 N 1,529.93 0.00 107.09 0.00 0.00 1,637.02 2,968.02 Balance Due As Of 02/23/2021: .00 crip Cash ..__� ____-�. _._ ._._.__.... ... __... ._. -_- • - -• .. 2968.02 2968.02 Vol. Pg. 11 TotaFPaicr dontiveeros 34823(DO 02!23/2021) ~2,968.02 Special Condition Exists for this Property Page:1 Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code TM .L1. This refund request is for an appeal on paying the penalties and interest due to the circumstances listed in the enclosed letter. This is not a refund we can process at our office, it has to be approved by the County. vol. 33a Pg--2-1L- • --y...nv wry Branch Banker IV NMI-S":1589923 Branch Banking and Trust Company South College Station Branch i Blanch Banking and Trust Compan 2717 Texas Ave S I College Station,TX 77840 Office(979)599-7080,Fax(979)7643145 8717 Texas Ave S CMLong@BBandT.com 1-800 BANK BBT College St4on,TX 77840 1 Main(979)5994078 — - - Fax(§79).794-9W To whom it may concern: Please waive late and return check fee for SALLY&ROBERT KOESTLER, Check number 499 was written for$2773.86 off of a BB&T now TRUIST account.Unfortunately,they had unexpected fraud on their accounts and had to open new accounts on 01/28/2021.It took several days for the fraud team to clarify the situation for the customers and caused confusion,which in return caused the return check.There are sufficient fiords in the.accounts to cover and would not have returned for any other reason. SALLY&ROBERT KOESTLER F • Account Number: 26783 Please don't hesitate to call or email if you have additional questions. Sincerely, Cheyanne Long] BB&T now TRUIST Phone(979) 599-70981 Fax(9.79)764-3145 2717 Texas Ave S1 College Station,Tx 77840 (800)226-5228 24 I•ir•Banking cmlong@bbaadt.com NMLS 1589923 vol. '33;L lig. 2 1 APPLICATION FOR TAX REFUND Collecting Office/Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD, Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS CHANDLER GABRIELLE VANDERCOOK 4310 ROCK BEND DR COLLEGE STATION TX 77845-6198 71 PROPERTY DESCRIPTION Legal: CASTLE ROCK PH 5, BLOCK 1, LOT 28 ��-- Address: 4310 ROCK BEND DR ----_-_ Account#-35G767 - _- - -- -_ - _ ��•- _ _ _-----_-- TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested CBRAZ-oS CO�u11FTY� 2020 09/04/2021 $6472.91 $124.68 Taxpayer's reason for refund: -8mzo-s (fe-JrJ A 4f S ly-idP/ r�� 2 rra r REFUND TO: CHANDLER GABRIELLE VANDERCOOK 4310 ROCK BEND DR COLLEGE STATION TX 77845 Sign below and return form to the Brazos County Tax Office. "I hereby ppiy for the ref nd of the a ove-describ axes and certify that the information on this form is true and correct." 3 Signature date --- --- if you-make-.a false-statement.on-thisapplication,you could be found guilty-of a Class A misdemeanor.or-a_state laiLfefony under Texas Penal Code Section 37.10. TAX REFUND DETER ON tax re d is ]A roved sapproved 4 /�,°� em 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. 3-39 Pg. '010 0 TAX RECEIPT 03104/2021 11:09AM KRISTEEN ROE; CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT %00py A=='a.R®celptNti6er•. ;= BRYAN,TX 77802 3041739 Date Posted��w�. 031041.202 ay_menl;.Gode:a����, _ Fully Tgtatpatd�� �.�g�472.91, PAID BY: CHANDLER GABRIELE VANDERCOOK 4310ROCK BEND DR COLLEGE STATION,TX 77845 - �- �-� -- =pfcp p _G®o F _ -ILe 'a, � .a .�g. =u_r�._� ddress` :� , 356767 1184100-0501-0280 �0 0000 CHANDLER GABRIELE VANDERCOOK �� t 4310ROCK BEND - - — - - DR . • r. .._�,�. �{{.::; .._.,�F h;,�.;,;' COLLEGE STATION,TX 77845 CASTLE ROCK PH S.BLOCK 1,LOT 28 4310 ROCK BEND DR -r i rT^ Y - r--r.n---•r^^ . . . �-^4.s.^ v-. �+<. .'re.�.�nF�i n - :Ent ty_. r„. _, Year„ Rate;; axahle7Vaiue Stmt# 4,:Void fi h Original Tax�+Dlschts�•<,,, e Amoilrit,P�di BRAZOS COUNTY 2020 0.49500 279,838 141934 Num 1,385.20 0.00 124.68 0.00 0.00 1,509.88 CITY OF COLL STAT. 2020 0.63462 265,847 141934 N 1,421.27 0.00 127.92 0.00 0.00 1,549.19 COLLEGE STATION ISD 2020 1.22900 254,639 141934 N 3,131.97 0.00 281.87 0.00 0.00 3,413.84 6,472.91 Balance Due As Of 0310412021: .00 Tendert;:Detdi[s T-0600-00M .sem ,w �k.;Artou Check -4842 647291 6472.91 �.'c.. <-”--;---^'7^r�f.� r"^rk..�y � a'-1 sR^`;r-*•.i r;r.^;,�. �?s'F^��*f'7-.ini� -.T7Tj-�x��ny1-;-*g..��.�,.u'-�1 pa ,.�F.c-.rte.. 'Sr } .9,r-�-� ,�7 teCc'IfQr:,i:Batch s.a •'iK-r it d-1. r:.._-^F`R .a�sxay--�j"N. .t?a. t .V.,.., .u-s.,-fK.' t.Cn�'f `'�r� _e;� ..,a�fJlal;PaiQ;�N jwiiliams 34958(%0412021 Jw) ^- —_._ _ ___ R � _._ .3W�• — - " 614 726'1 Special Condition Exists for this Property Page:1 Receipt issued in Accordance with Secilon 31.075 of the Texas Property Tax Code ranevawm�n � m r ��� X11 2� 1 APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 _ Ph.979-775-9930 City of Kurten, Navasota ISD OWNER'S NAME AND ADDRESS SADIE PROPERTIES LLC 403 LONGFELLOW DR LEWISVILLE,TX 75077-7022 PROPERTY DESCRIPTION Legal: THE BARRACKS II PH 107, BLOCK 22, LOT 27 Address: 130 KIMBER LN , Account# 3937.60 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested Brazos County 2020 03/09/2021 $953.83 $78.76 Taxpayer's reason for refund: c > 54AD tea✓ REFUND TO: SADIE PROPERTIES LLC 403 LONGFELLOW DR LEWISVILLE,TX 75077-7022 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." S"QV44 Com, >saAA�,Pn. �O g t Zt SignatureDate 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 e tax re d is [ pproved ]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. 3,01n pg. �a2� APR 2021 i f?,R .•;.�,+. ?3"' ?i�:�i tti�c••}}-yyz. .. Wit=,.->s .sv i-.-::.iN: , ,I,a "�.. �.5^ 'fJ.mn .� �'S.. u.Grte,.t ur �tstt r, yS, 4 r}e.a. j 1 r4 r'Z� P,,i' •! !,cid � _�����^"�°"`"''�•'��.;;;r�,,, ,, .�,� �"', ��'�``'.�K��;{ � .G�mptrta���Q� b rr,,I�,ccoru�•s�; �n�/ .•y. r... -.:i.:'f�:. •ucler..bL• :a. fir.,. _ a_.._.._ =1%:a .�F.r47:'a�:,�=v r'1•_•:- .�.y� ^5!. :t..Q7 .�:,, a CQ C Application for Tax Refund ZLZOZ Overpayments or Erroneous Payments Collection Oflioo Nanus 401, Phone(am code and number) Address.tin.state,ZIP code Collecting Tax For(taft taft) GENERAL INSTRUCTIONS:This application is for use In requesting a tax refund pursuant to Tax Code Section 3111 and Comptroller Rule 9.3039.To apply for a tax refund,the taxpayer or representative must complete Steps 1 through 4 of this application.The refund check vAR be made payable to the taxpayer and mailed to the taxpayer address provided below. RUNG INSTRUCTIONS:This document and aU supporting documentation must be filed with the tax collector of the taxing unit for which you are requesting a refund.Do nM tae this document with the Texas Comptroller of Public Accounts.A directory with contact information for county tax offices may be found on the Comptrollers website. o e e Name of Taxpayer 79 �— Phone(oma code and number) Fjn dmf• L Malting Address,C41y,Sta a,ZrP Code o y o • Provide the information below It an agent has been appointed under Tax Code Section 1111 to represent the taxpayer for tax matters.Attach a completed and signed Form 50.162,Appohftent of Agant for Property Tax Matters,if the form has not been toed with the county appraisal district.Individual taxpayer;Handling tax matters on their own behalf skip to section 3. Name of Authorized Representative TWe of Authorized Representathra Phone(area code and number) Email Address- Mailing Address,Gly,State,ZIP Code OR Appraisal Distort Account Number T Receipt Number � Location Address,MI Sta:a,ZIP Cada Legal DescillWon(or adach copy of are rax btD or tax recelpp v^:+'L• ;4� „ .., ft�rrs'o'^'�r}1...cN. -aa�?S`Sxf ,37 `R'2s•.',!"ST-`i;-s.t- .. The PropenylaxAssistaDce Division attheT_xas Comptroller of PubkAccounts provides property tax For more information,visit ourvmbsize- information and resources for taxpayers,localtwdrigentfdes,appraisal districts and appraisalrevtewboards. comptrogertexas,gov/taxes/propeny-tax 50.161.04-18111 3 vol. 38 Pg. ��� ;�?:�[q/S";,+i,�r,,,' n^G22 '"aR�',.v'�"' �Y5`� .f t,Ic.,fid-'1� ,�T ••+ r.,r d C.t..�,;3 ,w �4w ��,.�..� �•$`irt. f.".°I.H: ,. ti's? .,)(��• i,••.�}}��JL�/,� iyy •��•�.�1` �����a,}'Z+.� q'h F;AM.;,'`rlrt't �� ��'1 �vv�:IT���'`���� ('Vt�tL..J�,if'GT<Ol,,y �-•..,r; �1 , �L�.i. t...�,:A ... '.:`c� t•f,� _`.?.£i:��Wr�lf� -�'��'!)�.,o? -�:;1. tG..�`-t.,+f�`'-�>J�w�kf�i*ri:•.�S, r`:.a s�... ! t: • Complete the tax payment information requested below for each taxing emit from which refund Is requested.A separate document containing the same Information may be attached for additional taxing units,Q necessary. 2 3. r S S 4. $ $ 5. S $ Taxpayer's Reason for Refund(attach s upporting documentation) SAL1MYQF=t3ffi 1 hereby apply for the refund of the above described taxes and certify that the Information I have given on this form is true and correct prin heret Prt T Mama sign here yEt s'tgtmt_ Date If you mako a false statement on this application,you could be fotmd guilty of a CfassA misdemeanor or a state iaQ felony underTexas Penal Code,§37.10. FOR COLLECTOR USE ONLY OEM r+ --'•$% ".`�=: ;,�•�spt�•' -'bi cF.:_'r.,_.:'�:^.C'�E:_ ,. ..a,.�.,r,.__• :d�L -.a.•F.,_ _, �,Pr,.r• ,e,. 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',}au.t r : Sonet•o4-twit IV, `':,... . Peter Napoli April 2,2021 at 5.20 PM peter Napoli Brazos County Commissioners Court Attn:General Counsel 200 S.Texas Ave,#218 Bryan,TX 77803 To Whom it may concern: Letter is to support requested refund of$240.14 which represents penalty and interest above original 2020 tax from your taxing entity's portion on property ID 36451. At 11 am Saturday 30 January 2021 Deborah Napoli personally placed the referenced envelope(attached)in the mail at the College Station UPS facility at 2130 Harvey Mitchell Parkway enclosing full payment of 2020 taxes. As seen,the envelope was not postmarked until over 72 hours later at a UPS facifdy in North Houston,TX with payment,therefore, not meeting the statutory deadline as noted In the resultant letter from the Property Tax Department dated 12 February 2021 and postmarked 23 Feb 2021(attached). From 12 Feb 2021-21 March 2021,however,Deborah and I were out to town during which our mail was held for the first 30 days at the above UPS facility and beyond retrieved by a friend until our return. On 22 March 20211 called the Property Tax Department at 979 775-9930 twice(morning and late afternoon)only able to leave a voicemail each time explaining my situation with contact Information,however,with no return call. On the morning of 23 March 2021 1 called the Property Tax Department a third time,made verbal contact with a worker,and was Instructed to obtain a letter from the Postmaster(attached)and deliver to the Property Tax Department NLT 26 March 2021 with this letter delivered personally delivered by me the morning of 25 March 2021. On 26 March 20211 received a call from Angela Hines,Supervisor at the Property Tax Department,with instructions to pay the total penalty and interest to date($1,129.18)beyond which I could initiate the application for refund due to events beyond my control- principally the unexplained,delayed postmark Thank you for your consideration in this matter. Respectfully, Peter Nap ' Vol. a Pg. aa5 NORTH HOUSTON X� S - L��12�. 1�'d E.L �7uaS�0 SINGLE MULTI PID# _� 77802—i43OSt ��'�hpl�ll�llhuh���n�d��)'I��I1p1�U'1111111Ldt��1'�1'I n - Vol. Pg. a Kristeen Roe,CTA,PCC gra a °�' Brazos County Tax Assessor/Collector E 4151 County Park Court Bryan,TX 77802 979-775-9930 q 979-775-9937-Fax oG�'rr 0� 02/UM NAPOLI PETER&DEBORAH 300 PERSIMG AVE COLLEGE STATION TX 77840-3014 Account#36451 Dear Taxpayer. This letter is to notify you that your 2020 property tax payment did not meet the statutory paymentdeadline. The envelope was postmarked by the U.S.Postal Service after the payment date necessary to be processed as a timely payment. The post office postmark is considered the date of payment according to the Texas Property Tax Code. . Because the payment did not meet the deadline,your payment has been posted as a partial payment. Your receipt is included along with a statement of the balance due U paid on or before,February 28,2021. Any 2020 tax amount that remains unpaid after January 31st is subject-tb additional penalty and interest as provided in Sec 33.01 of the Texas Property Tax Code. If you have questions concerning your property tax account;please contact the Property Tax Department at(979)775-9930. Sincerely C Deputy Clerk Property Tax Department Ct Enc i Vol. 3 e pg. 1 TAX RECEIPT 02/121202109:23AM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR _ Y _ �, 4151 COUNTY PARK CT He IARMArile-14-MIM. BRYAN,TX 77802 3038820 tram � �"otiisrml •�=„��ft6_835A1 PAID BY: NAPOLI PETER&DEBORAH 300 PERSHING AVE COLLEGE STATION,TX 77840-3014 �A�1D� �i' C�e.�yt-.Y;'`ta', �„4,�a�.,2 '4y '�;r���t"'�'"�;'�". i hr z:� _•.:w.A �I�d 38451 481100 0050.0120 0.0000 NAPOLI PETER&OE80RAH y- uyl300PERSHINGAVE t0AKW00D,B QgC6,LO 4 S 18� ; ~ 7 p �� COLLEGE STATION,TX 77840.3014 30DPERSHINGAVE, a a_:a. F• 'R8 Tdxa�ar” �a R'50@-mod d .". _ Pa"Ti. w•e �..:CITY OS COUNTY 2020 0.4850D 880.354 80327 N- 3,147.43 0.00 22� 0.00 am 3 W7.8 CITY OF COL.L STAT. 2010 0.63462 687,588 80327 N 3,435.46 0.00 240.48 0.00 CO0.00 3,875.E COLLEGE STATION ISD 2020 1.22800 716,354 80327 N 8.216.65 0.00 676.15 0.00 0.00 8,781.70 16,835.41 Balance DtmAs Of02112t2021: 1108x45 Check yes �' '" ` ' �' he 16435.411 16835.41 PaMaRt code of'PaIW ladteata thl,Uanancoon is considered a Partial paymmL Please contact the Mix Office for balance duo Wotmmum .}' "(S vu.. 2..-.�N �QT�j�;�'p�.f� ��•.•44 _ � y� t. �� m . �t1+T7/ ry� rIWC (021221 . »- _ _..... _ _ . _ _ . .. . -. - --.. _.._ .._ _ 16:83541• Paga;1 ftecelpt Issued In Accordaneawb Section 31.075 of Ota Texas Property Tax Code v(31. ,.332, _- pg. aF Kristeen Roe,CTA,PCCU.S�OSTAGE}?�n� 1 I o rsowEs y1 ASSESSOR AND COLLECTOR OF TAXES RETURN SERVICE1-4 `''' r BRAZOS COUNTY,TEXAS REQUESTED ryry w w + ti ►1&ZIP 76712 $00®.46$ 4151 County Park Ct. a UL.E: -J000348391 FEB 23 2021 2 4V Bryan,Texas 77802 ����.�LY RETURN SERVICE REQUESTED F-SEI..Sf'iEi 77640 �1�11111'IIIII'I�III11''I'1'f�l''Ill l'''�IIIIIIII�I�II�IIIIIIIII' �`�9 Vol. 33� pg-- mm # F�Si7�kS�*il( 'q' March 24,2021 United States Postal Service 2130 Harvey Mitchell Parkway College Station,TX 77840 To the County Tax Assessor Regarding a tax payment sent First Class Mail for Mr. Pete Napoli at 300 Pershing Drive College Station,Texas 77840 going to the Bryan Texas tax office. Mrs. Napoli had come into the College Station Main Post Office on 01/30/2021 at 1 lam to mail this envelope,which it then arrived our North Houston Processing facility at 10:18pm.At this point we are uncertain to the disposition of this envelope after it arrived to our Processing facility.After extensive investigation with all parties Involved with this particular First Class envelope,it didn't make it to your facility in Bryan in a timely manner. Please take into consideration that Mr. Pete Napoli was not at fault that his tax documentation did not arrive before the designated date.Appreciate Your Assistance and Time to get this resolved for our Customer. '4 IV/ - Andrew Newton Customer Service Supervisor College Station,Texas Vol. i Statement of Account NOTICE:This!,a statement of Tm ms Due as of a2H2tZ02t 09:23:42Ad1 based upon the tax records of am tax office. MSTEEN --nBRAZOS COUNTY TAX ASSESSOR COLLECTOR CTA PH#(979)77&9930 4� 4151 COUNTY PARK CT r r mpegY ID: 3 "`moo b: 4$11t.0-0 120 Acres: BRYAN,TX 77802 pLe9al 0.0000 :Legal Desi OAKWOOD,BLOCK 5,LOT 12-14 8:10'15 I Situs: 300 PERSHING AVE , DBA: �ExempficLng HS OV85 • Owner ID:315088 Ownership:100.00% NAPOLI PETER&DEBORAH Improvement Hs: Ml 300 PERSHING AVE Improvement NHS: DI COLLEGE STATION,TX 77840-3014 Land HS: 478,3 4f Land NNS: ProductivityMarket, Productivity Use: Oi ;Assessed Velue 755 354i 2 (7if OFC STA"FROMs , � td q ,pUo` i 100.61II6/o S me teed `s2 COLLEGE STATION ISD BRAZOS COUNTY 100.00% .ov65 Over 65 1 1o0.ao� 111-MMMI-1, �. U MEMO— GI 1, ;'y��� r sna jrt;( t"",t� Ltl� '?s` 4143100 W-115 2D saa27 '�o. ilt` ` �rgeaTsclPf�l 2020 90327 0.49500D L 22D.32 15� D 235.74 235 1 52 2020 90327 1.229000 L 575.15 40.26 0.00 616AO Total for Year 2020 1035.95 72.50 0.00 1108A Total For All Years 1,035.95 72.50 0.00 1,10BA5 Total Due if Paid By 02/28/2021 1,108A5 '_"•_rte t�� '� n .rim.-art-�II^.IIL<'�.z�''•..:y.?=L41t,.���'i��u)n19f�R�rJI ��S�r�a� �;,_., ter:! . .�' Pfo Irtfoon NOTICE:This document Is not a tax COMbate and does rot absolve EnTaxpayerfrom tartar 0abMV In anyway.Me document Is found to be to orror,it may bo eweeted try tho CO"Naon of lco asted above. Responslbmty to pay the remaining taros n eatltaty v4tlr the Taxpayer, Page 1 as outlined In the Toms Property Tex Code. VOL 32! - pg. 2 3 . � n� ��.vc�r I VJNVlLVL 1 Vo.VJrttvl KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR -- 4151 COUNTY PARK CT �Rereipt Ntimtier BRYAN,TX 77802 3043854 _ Date 03130!2021 Payment Type'. .: _ P Payment:Code-. Total Pald $1,129.18 PAID BY: NAPOLI PETER&DEBORAH 300 PERSHING AVE COLLEGE STATION,TX 77840-3014 Proptrty ID- Geii - - - .-La ai.Acres'' << ;Owner.Nanie and:Address 36451 481100-0050-0120 0.0000 NAPOLI PETER&DEBORAH 300 PERSHING AVE Legal Deseriptlon COLLEGE STATION,TX 77840014 OAKWOOD,BLOCK 5,LOT 12-14 810'15 Situs .. DBA Name 300 PERSHING AVE', Efttityr Year ;Rate Taxable Value ';:Stint# •' :Void. Original Tax: Discnts: . P&1 'Att Fees Overage,Ainount Pd BRAZOS COUNTY 2020 0.49500 68-0,954 90327 N 220.32 0.00 19.82 0.00 0.00 240.14 CITY OF COLL STAT. 2020 0.53462 687,586 90327 N 240.48 0.00 21.65 0.00 0.00 262.13 COLLEGE STATION ISD 2020 1.22900 715,354 90327 N 575.15 0.00 51.76 0.00 0.00 628.91 1,129.18 Balance Due As Of 0313012021: .00 Tericlei Details - - _Description Amount Check E& 1129.18 1129.18 Operator:' Batch _..... _ .. - _ _ . . Total Paid ..... lemerson 35301(JETPAYC-03302021 LE) 1,129,18 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code V () , 33� 9CA a 3a i-ron,.: propertytax .n Brazos County Property Tax March 30,2021 at 8:52 AM Mr. Napoli, I have attached copies of all of the paperwork you had turned into our office, as well as the receipts for your payments. I have also included the address for each of the entities so you can mail the refund application and all of the supporting documents to each entity. Make sure you include the letter from the post office, your own letter with the reasons you are requesting the refund, the receipts from your payments, and any other supporting documents you might have. Please give our office a call should you have any questions. Thank you, Laura Laura Emerson Deputy Tax Clerk Office of Kristeen Roe, CTA,PCC Brazos County Tax Assessor/Collector 4151 County Park CT Bryan,Texas 77802 v 979.776.9930 fax 979.775.9938 TAX RECEIPT 011=2021 08:03Wl KRISTEEN ROE,CTA PH-(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR --- --- 4151 COUNTY PARK CT BRYAN,TX 77E02 3043854 PAID BY: NAPOLI PETER&DEBORAH 300 PERSHING AVE COLLEGE STATION,TX 77840.3014 U451 a I 2;005&dT2&' 0.0coo MkMlf P**ETCR 6 DEBORM iiii— ----.- ------ - — -- 300 PERSHING AVE tionCOLLEGE STATION,TX 77U040.4 OAW0000,ftor<6,t0T ti-14 b IT 15 Erillty Vo �xa.b III yaktR N Vold OrIa rul fai tints 91 A5 OW 0-W 16.02 OCA ago 244.14 BiUVO3 countY OASi&i V0.254 9=7 CRY OF COLL STAT. 2ON D.53462 ea?.fta D= N 21.0.48 0,03 21.05 ow am U COLLEGE STATIM ISO 21= 112M 116.354 S0327 N 515.16 000 $1.70 00 OW &:t0-. voi. Pg. t119.t3 �..- . ,�.. � To.:J PaiC• �emsscrt iR3*FjZq-?AYd'M022211E) Pine;t RRee�t UsLul In Aca zve w:tl SecSM.11.075 U M Tec7:?rP-rltmt Gcce ....�.�... POF G= 36451 - Entity Napoli.pdf Addres...ic.docx vot. 332' Pg. APPLICATION FOR TAXR 60U Collecting Once Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan.ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS CRUZ JOHN T&MARY ALICE 2800 WESSEX CT BRYAN TX 77802-4700 PROPERTY DESCRIPTION Legal: MOBILE HOME SERIAL#N223875A,LABEL#TEX0552755,GREEN HILL, LT-13 Address: 5150 GREEN HILL DR , Account# 96680 - TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 10/12/2020 $259.00 38,97 Taxpayer's reason for refund:OP-Overpayment REFUND TO: WARREN JACKIE&GEORGE 2313 COLGATE CIRCLE COLLEGE STATION TX 77840 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." Y//i4a.I 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 DET TION Ttax•refu ' :Is� oved Disapproved -4 42J 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 APPLICATION FOR TAX REFUND Collecting Office Nome Collecting Taxfor:(taxing entitles) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS RODRIGUEZ PATRICIA GARCIA 920 CLEARLEAF DR TRLR 142 BRYAN TX 77803-3580 PROPERTY DESCRIPTION Legal: OAKWOOD MHC,SPACE 142,SER#1PTX6298TX,HUD#NTA0766889 Address: 920 CLEAR LEAF(PVT)DR 142, Account# 115496 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 10/12/2020 $325.58 $43.15 Taxpayer's reason for refund: OP-Overpayment REFUND TO: RODRIGUEZ PATRICIA GARCIA 920 CLEARLEAF DR TRLR 142 BRYAN TX 77803-3580 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." en �ctTr.Pra c_ CL 'k C 01 41 el/-Z f Si natu'' L 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. L77 796/5 TAX REFUND DETERMINATION e tax re d is proved I I Disapproved t� 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 BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2020-2021 BUDGET YEAR NO.20/21 29.1 -29.4 On this the 27th day of April 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 27th day of April 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 27th day of April 2021. THE CONMSSIONE . URT OF BRAZOS COUNTY,TEXAS. By: Duane Peters,County Judge Original: County Clerk's Office and Attached to the original budget 901. a- pg. BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-29.1 ' 412712021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Ineroaso Docreaso General Fund Commissioners'Court Contingency Departmental Su n 8,731.87 General Fund Justice oflhe Peace Pct 93 Repairand Maintenance 5,682.04 General Fund Constable Pct 43 R ' and Maintenance 3,049.83 Commissioners'Court Justice of the Peace Pet N3 and Constable Per#3 Reallocation of funds to the appropriate departmeat's account to replace water damaged furniture for the Constable and Justice of the Peace Pct#3 Building,due to the Winter Weather Storm during the week ofFcbnwy 14.2021.Due to the f vetinc weather, i broke and flooded areas is the boiidia _ ..`3:1.•.x.:_ r_:.:' d\"`f ad Date 412?J20rtm _ lCounty9tidgeAppruval z_s _,dl For:Aceoun Dies. .cru :.11.1. ...:._,..lx.f=-.... ..; ,.::.,„. ..s_�-c�,,'�r �'�:• �=-':`,�. � .l .r�. ....2 FUND DIV ACCT DRICR ACCOUNT NAME Increaso Doeroaso 01000 11001500 61130000 CR Contingency 8.731.81 01000 24301100 65010000 DR Accidents&Claims 5,682.04 01000 3030I100 65010000 DR Accidents&Claims 3,049.83 E 3 Pg. �3� BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121.29.2 4/2712021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Court Non- Commissionets'Court-Non Ca ital Fund Capital Departmutal Support 18 750.00 Comm sioners' CourtNon• SheriffAdminisUatfon Cavital Fund Non Ca itai Dcvartumnlal Support 1&750.00 Commissioners'Court and Sheriff's Office Reallocation of funds to the appropriate encs account to purgbase the eqWpment,software and on-site Karinnine for the UAV Drone Downlink prodect CIP 021-S55). eeE__.�-eilt'APPrOviil ate hr.�.ty, r_ _=�' -:412212021 Cotinty` loitge�AQpreval f =_ _:Date, FUND DIV ACCT OR1CR ACCOUNT NAME Increase Decrease 06000 11000006 60500000 CR E ui ment&IT Enhancement 18 750.00 06000 28000006 60211000 DR Software-No Tag 14515.00 06000 28000006 60500000 DR Equipment&IT Enhancement 935.00 06000 280000% 61680000 DR Tmining 3300.00 E 5 v` �y P— BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-29.3 4127/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Incroaso Deeroaso Health and Life Find Health and Wellness Clinic Salazy and Wa es 9.000.00 Health and Life farad Health and Wellness Clinic Contractual Services 9.000.00 Health and Wellness Cgnlc Reallocation of funds to the appropriate is account to contract with Temp Agencyto help fill the Medical Clerk position at the Health and Wellness Clinic. i .� I artment'Approvai a. _ Date t — J _ nnp Dato } 412212021 Courtly Judge Apprdval Fo�accauatln Pu osesOnT���•,. abi. " FUND DIV ACCT DR/CR ACCOUNT NAME Inerease Decrease 50000 64005100 51610000 CR Hourly Staff 9.000.00 50000 64005100 71030000 DR Employment Services 9,000.00 Voi. 3 Pg. ag c BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-29.4 4127!2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners'Court Contingency Departmental Support 2.889.03 GeaetelFund County Tre== DeaanmentalSupport 2.889.03 Commhsioners'Court and County Treasurer Reallocation offunds to the approprift d ent's account for the IndenutiEcation in the Treasurees Office due to fraud.Indemnification was approvcd by Commissioners'Court on A nl 20 2021. ry De._ ..vitt gpprc"val ire `x` _i r-._-f < �_r srin Date County Juilae Atsdroval FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contin 2,889.03 01000 12000100 61450000 DR Miscellaneous Expenditures 2.869.03 a vo 33a Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 04-27-2021 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 Constable Pct. 2 Licon, Victor Change of Status Approved in Commissioners' Court: 0427-2021 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) iVd, 3 3a - -�pg. Personnel Change of Status (Apr 21,2021) Commissioners'Court Date: 0427-2021 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment 1':Department Name Employee Name- Tax Assessor-Collector-Administration Bostic,Erin Jail Medical services Esquivel Jr.,Arturo Exposition Center-Administration Miller H,Thuren Road&Bridge-Administration Thompson,Denna County Judge Administration Stewart,Walter Separations "Depaitrneht Name-v =;Ehiployee Name---' Exposition Center- Parra-Dejesus,Baltazar Administration Road&Bridge-Administration Ramon,Christopher Approved in Commissioners'Court:04-27-2021 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol.