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HomeMy WebLinkAbout2021-05-11 10:00AM REGULAR MEETING .tilt u-. 77 A 16 BRAZOS COUNTY `(1 A;� B RYANJ EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 11, 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 -Judge Peters 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Recognition of Commissioner Aldrich and Commissioner Berry for their participation in the Commissioners.Court Leadership Academy Class IX -Session 1, by Dusty Tittle. Consider and take action on agenda items: 4-20 4. Request from Facilities Services for a Payment Authorization to All Star Pest Control for yearly termite inspection at the Boonville Heritage Park Cabin in the amount of$300.00. A Purchase Order was not obtained in advance. 5. Second Amendment to the Second Restatement of the I nterlocal Agreement for the Construction,Acquisition, Implementation, Operation, and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS), and the Second Amendment to the I nterlocal Agreement for Managing Entity by the BVCOG. 6. Approval of the Chapter 381 Agreement with RELLIS Campus Data and Research Center, LLC. 7. Approval of Quicklink Lite of Index Books with Archival Digitization of Criminal Fee Indexes with Kofile utilizing the TXMAS-18-3602 Contract. vOi. 233 pg. 3� 8. Approval of Amendment#1 for Agreement 21-007R Portable Toilet Rentals with Texas Commercial Waste.Amendment is to remove 8403 Old Reliance Road and add Chaco Canyon Yard in Indian Lakes and 21555 Kathy Fleming Road. 9. Approval of service contract#CI P 21-554 for Dispatch Console Replacement for Sheriff Office with Texas Communications in the amount of$133,814.60 utilizing the HGAC RA05-18 Contract. 10. Approval of service contract#CI P 21-612 AV upgrade for 361 st and 272nd District Courts with Avinext in the amount of$302,062.91 utilizing the TAMU Multimedia Contract #C20201408. 11. Award of RFP#CIP 21-617 Replacemd'nt of Various Roofs - Phase I. Recommended Award: Lessman Roofing and Sheetmetal, LLC. 12. Renewal of 422-003R for Legal Representation of Indigent Juvenile Defense with Gendron & Thibodeaux. 13. Approval of Contract Renewal 22-004R Third Party Guardianship Services with Family Eldercare Inc. 14. Approval of the Final Plat of Treasure Hills Block One, Lots 12R1 through 12R3 being a Replat of Treasure Hills Block One, Lot 12; Volume 4929, Page 127; 6.831 Acres, Maria Kegans League,A-28 &Augustus Williams League,A-58; Bryan ETJ, Brazos County, Texas. A request for variance (see attachment)to omit the 10 ft. PUE requirement along the new side lot lines accompanies this replat. Site is located in Precinct 2. 15. Request from Road and Bridge Department regarding the following personnel change with effective date of May 15, 2021. This change will have an increase to the remaining FY 21 Road and Bridge's budget in the amount of$1,616.00. • a. Increase Civil Engineer- Road and Bridge, Class Code B2673 Position 1,from $4,292.82 to $4,423.08 per pay period 16. Request to approve the PFM Arbitrage Rebate & Yield Restriction Compliance Analysis reports for the following: • a. Certificates of Obligation, Series 2009 • b. Limited Tax Refunding Bonds, Series 2009 • c. Certificates of Obligation, Series 2015 17. Tax Refund Applications for the following: Overpayments • a. Joe Willie Darnell-$100.09 Payment in Error • a. Corelogic-$2,293.25 18. Budget Amendments. Budget Amendments FY 20/21 31.1 -3j.9 19. Personnel Change of Status. • a. Employment& Separations • b. Personnel Action Forms 20. Payment of Claims. Vol. 333 Pg. 33 21. Convene into Executive Session pursuant to Texas Government Code §551.087 of the Texas Government Code for deliberation regarding economic development negotiations. 22. Consider and possible action on Executive Session. 23. Juvenile Director's report on detention population. 24. Sheriffs report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concems 27. Adjoum. VO I. pg. 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. V®io 3 Pg. CPTE 0p 84- MINUTES MAY 11, 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, May 11, 2021 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1,Absent; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; 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 -Judge Peters 2. Call for Citizen input and/or concerns Mike Sutherland gave an account of his time as a Vietnam Veteran and the importance of preserving history for future generations to learn and appreciate. He informed the court that the US Army Helicopter OH-58A 68-16761 flown in battle during the Vietnam War is now located in Brazos County. Mr. Sutherland believes that having this piece of history in our community will help make history more relatable to the younger generations and he thanked Charles Mancuso for his efforts to bring the helicopter to Brazos County. Mr. Sutherland would also like to see the Veterans Parade held again. He believes it's a good way to showcase the sacrifice that veterans have made for this Country. He went on to than er Ford for his assistance on a project involving the Navasota River flooding issue. Commissioner Ford set up the in tial meeting with Lake Vol. pg. Limestone Management to properly address the problems at hand. Mr. Sutherland said a lot of progress has been made thanks to all of the local involvement and cooperation from Lake Limestone Management. Charles Mancuso spoke on the US Army Helicopter flown in Vietnam that he brought from Montgomery,Alabama to Brazos County with the assistance of Mike Sutherland. He stated that it is on display at 418 N. Main in Bryan, Texas. It will be unlocked on First Fridays to allow citizens to get a closer look and even climb up into it. He briefly discussed the Helicopter's history and the role it played in the Vietnam War. Mr. Mancuso asked that everyone take a look at the Helicopter. He says that he brought it here as an interactive piece of history for the citizens and veterans. Commissioner Berry thanked Charles Mancuso for his efforts in bringing the Helicopter to our community. Charles Mancuso also added that while he was never in the military himself, he wanted to do something for all of the veterans to show his appreciation for their service. 3. Presentations and/or Discussions • Recognition of Commissioner Aldrich and Commissioner Berry for their participation in the Commissioners Court Leadership Academy Class IX -Session 1, by Dusty Tittle. Dusty Tittle, County Ag Extension Agent, gave a presentation on the Commissioners Court Leadership Academy Class IX, Session 1. He stated that VG Young Institute of County Governments has hosted this event since 2005 as a way to enhance the professionalism, knowledge and experience of County Judges and Commissioners throughout Texas. The class is 4 sessions over a 2 year period and includes presentations, discussions and workshops on various complex topics regarding local government. Mr. Tittle then presented certificates to Commissioner Berry and Commissioner Aldrich, and thanked them for their participation in the class. Additionally, he thanked the Court for the the new Ag Extension Building and said they are looking forward to being in it. Judge Peters stated that he attended the Commissioners Court Leadership Academy at the urging of former Commissioner Kenny Mallard and really thought it was a great class. Commissioner Berry thanked VG Young Institute of County Government for hosting the class and said that she really aspired to participate as late Commissioner Sammy Catalena and Commissioner Irma Cauley had before her. Consider and take action on agenda items: 4-20 4. Request from Facilities Services for a Payment Authorization to All Star Pest Control for yearly termite inspection at the Boonville Heritage Park Cabin in the amount of$300.00. A Purchase Order was not obtained in advance. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 5. Second Amendment to the Second Restatement of the I nterlocal Agreement for the Vol. `33?7 Pg. 3^1 Construction,Acquisition, Implementation, Operation, and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS), and the Second Amendment to the I nterlocal Agreement for Managing Entity by the BVCOG. Copies of both amended I nterlocal Agreements are attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed.4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 6. Approval of the Chapter 381 Agreement with RELLIS Campus Data and Research Center, LLC. A copy of the agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 7. Approval of Quicklink Lite of Index Books with Archival Digitization of Criminal Fee Indexes with Kofile utilizing the TXMAS-18-3602 Contract. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 8. Approval of Amendment#1 for Agreement 21-007R Portable Toilet Rentals with Texas Commercial Waste.Amendment is to remove 8403 Old Reliance Road and add Chaco Canyon Yard in Indian Lakes and 21555 Kathy Fleming Road. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 9. Approval of service contract#C I P 21-554 for Dispatch Console Replacement for Sheriff Office with Texas Communications in the amount of$133,814.60 utilizing the HGAC RA05-18 Contract. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed.4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 10. Approval of service contract#CI P 21-612 AV upgrade for 361 st and 272nd District Courts with Avinext in the amount of$302,062.91 utilizing the TAMU Multimedia Contract #C20201408. A copy of the service contract is attached. Motion:Approve, anc Be , Seconded by Commissioner Vol., 333 Pg. 38 Russ Ford. Passed.4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 11. Award of RFP#CI P 21-617 Replacement of Various Roofs - Phase I. Recommended Award: Lessman Roofing and Sheetmetal, LLC. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP#CIP 21-617 Replacement of Various Roofs to Lessman Roofing and Sheetmetal, LLC.A copy of the bid tabulation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 12. Renewal of#22-003R for Legal Representation of Indigent Juvenile Defense with Gendron & Thibodeaux. A copy of the renewal of contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 13. Approval of Contract Renewal 22-004R Third Party Guardianship Services with Family Eldercare Inc. A copy of the renewal of contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 14. Approval of the Final Plat of Treasure Hills Block One, Lots 12R1 through 12R3 being a Replat of Treasure Hills Block One, Lot 12; Volume 4929, Page 127; 6.831 Acres, Maria Kegans League,A-28 &Augustus Williams League,A-58; Bryan ETJ, Brazos County, Texas. A request for variance (see attachment)to omit the 10 ft. PUE requirement along the new side lot lines accompanies this replat. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 15. Request from Road and Bridge Department regarding the following personnel change with effective date of May 15, 2021. This change will have an increase to the remaining FY21 Road and Bridge's budget in the amount of$1,616.00. • a. Increase Civil Engineer- Road and Bridge, Class Code B2673 Position 1, from $4,292.82 to $4,423.08 per pay period A copy of the position control change is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Vole `� Pg. �,/� Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 16. Request to approve the PFM Arbitrage Rebate & Yield Restriction Compliance Analysis reports for the following: • a. Certificates of Obligation, Series 2009 • b. Limited Tax Refunding Bonds, Series 2009 • c. Certificates of Obligation, Series 2015 Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 17. Tax Refund Applications for the following: Overpayments • a. Joe Willie Damell -$100.09 Payment in Error • a. Corelogic -$2,293.25 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 18. Budget Amendments. Budget Amendments FY20/21 31.1 -31.9 31.1 Transfer funds from Contingency to 361 st District Court and 272nd District Court. 31.2 Transfer funds from Exposition Complex to Hotel Occupancy Tax. 31.3 Reallocate funds for District Clerk. 31.4 Reallocate funds for Road and Bridge. 31.5 Reallocate funds for Justice of the Peace, Precinct 1. 31.6 Reallocate funds for County Clerk. 31.7 Transfer funds from Commissioners Court to Purchasing. 31.8 Reallocate funds for Juvenile Services. 31.9 Transfer funds from 2020 Hail Repair to Information Technology and Health District. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed.4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 19. Personnel Change of Status. • a. Employment& Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Vol. 3�5 pg. Lto Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed.4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 20. Payment of Claims. Claims 8107327-8107442 9001834-9001881 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Berry, Cauley, Ford, Peters. Absent:Aldrich. 21. 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, the County Judge announced the Court would consider items 22 through 26 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:26 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.087 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman,Administrative Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Irene Jett, Budget Officer Aubrey Nettles, City of College Station Natalie Ruiz, City of College Station 22. Consider and possible action on Executive Session. At 11:33 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 23. Juvenile Director's report on detention population. Artis Whetstone with Juvenile Probation Services reported there are 22 juveniles in the detention center, 19 are male and 3 are female, and 24 have electronic monitors. There are 9 youth in isolation as per medical protocol for new intakes. 24. Sheriff's report on inmate population. Chief Deputy Paul Martinez stated there were 557 inmates in jail, 507 inmates are male and 50 are female, 37 have electronic monitors and 11 are pending for processing. No inmates are positive for COVI D-19 and none are in quarantine. There are 3 staff members out due to COVI D-19 medical protocols. 25. Announcement of interest items and possible future agenda topics. vOi. �35 Pg. 4 1 There were no announcements. 26. Call for Citizen input and/or concerns Charles Mancuso stated that the tax rate has been climbing and he would appreciate a tax cut this year for all those struggling due to the pandemic. Commissioner Berry said that the tax rate was cut last year. Mr. Mancuso said it would be great to have another cut this year,,as well. He went on to add that the community and Commissioners Court should be helping Law Enforcement in any way that they can. He believes this is an area where budget cuts should not be made. He stated that he appreciates all the Commissioners Court has done to help Law Enforcement and wants them to keep up the good work. 27. Adjourn. The foregoing minutes of the Commissioners Court Meeting held May 11, 2021 have been examined and are approved in open Court this 8a` day of lune 2021,in Bryan,Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner,Precinct 1 Russ Ford Nancy Berry Commissioner,Precinct 2 Commissioner,Precinct 3 Irma Cauley Commissione , ecinct 4 Attest: cQueen County Clerk Vol. 333 Pg. 3 Pg of BRAZOS COUNTY COMMISSIONER' S COURT f DAY OF , 20 -� AM/I , Name Organization (PLEASE PRINT) (PLEASE PRINT) -T7) pc.v v L�- 4 t l �n Q✓( Cu L-- ftl -v"-t Vol. ��- Pg of BRAZOS COUNTY COMMISSIONER' S COURT DAY OF Name Organization (PLEASE PRINT) (PLEASE PRINT) pera-r—Ig /3"u eAl r Cao . mud Vol, 3 Pg. 1-45 6/4/2020 Information on he(icooter M16761 Helicopter OH-58A 68-16761 The following is Goldbook information on US Army helicopter OH-58A tail number 68-16761 It is provided here as an ESTD4ATE of the history of this helicopter and is not intended to be the final authority. This helicopter was purchased by the US Army in 1269. Please provide any additional information on this helicopter to the`TBPA. DATE FLT HRS UIC UNIT AREA POST COUNTRY 196912 0 0 WOV6AA OS TO CONUS ITR CONUS AVCOMITR 197001 90 90 WAILAA 7-8 ARTY 236P VIETNAM RVN 197002 108 198 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197003 107 305' WAILAA 7-8 ARTY' 236P VIETNAM RVN 197004 131 436 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197005 138 574 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197006 28 602 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197007 102 704 WA1LT0 7-8- ARTY 23GP VIETNAM RVN 197008 90 794 WA1LT0 7-8 ARTY 236P VIETNAM RVN 197009 86 880 WA1LT0 7-8 ARTY 23GP VIETNAM RVN 197010 131 1011 WA1LT0 7-8 ARTY 23GP VIETNAM RVN 197011 40 1051 WCSDAA 605 TRANS CO DS VIETNAM RVN 197012 0 1051 WC5DAA 605 TRANS CO DS VIETNAM RVN 197101 0 1051 WCSDAA 605 TC DS VIETNAM RVN 197102 0 1051 WC5DAA 605 TC DS VIETNAM RVN 197103 32 1083 WAR3AA 173 ABN BDE VIETNAM RVN 197104 88 1171 WAR3AA 173 ABN BDE VIETNAM RVN 197105 74 1245 WAR3AA 173 ABN BDE VIETNAM RVN 197106 156 1401 WAR3AA 173 ABN BDE VIETNAM RVN 197107 57 1458 WAR3AA 173 ABN BDE VIETNAM RVN 197108 0 1458 WAR3AA 173 ABN BDE VIETNAM RVN 197109 0 1458 W0Y6AA AVSCOM FLT DET 5TH ARMY ST LOUIS AVSCOM 197110 0 1458 W0Y6AA BEL HEL BAILMENT FT WORTH AVSCOM 197111 0 1458 WOY6AA BEL HEL BAILMENT FT WORTH AVSCOM 197112 0 1458 WOY6AA ARADMAC IN MAINT NAVAL AIR STN AVSCOM 197201 0 1458 WOY6AA OS TO CONUS ITR CONUS AVSCOM 197202. 0 1458 W0Y6AA 05 TO CONUS ITR CONUS AVSCOM 197203 0 1458 WOYGAA OS TO CONUS ITR CONU5 AVSCOM 197204 0 1458 WOY6AA OS TO CONUS ITR COMUS - AVSCOM 197205 4 1462 WOY6AA OS TO CONUS ITR CONUS AVSCOM 197206 3 1465 W0Y6AA 05 TO CONUS ITR CONUS AVSCOM 197207 0 1465 WOY6AA ARADMAC IN MAINT NAVAL AIR STN AVSCOM 197208 0 1465 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197209 0 1465 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197210 0 1465 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197211 1 1466 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197212 3 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197301 0 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197302 0 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197303 0 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197304 10 1479 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197305 21 1500 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197306 5 1505 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL: 3RD ARMY UlYIGVGV Ill{W If1011W 1 YIf IIGIIW�IlS1 YHA IVI V 1 197307 7 1512 WABIFF 101ST ABN DIV 1ST ARMY FORT CAMPBELL FORSCOM 197306 4 1516 WABIFF 101ST ABN DIV IST ARMY FORT CAMPBELL • FORSCOM 197309 25 1541 WABIFF 101ST ABN DIV IST ARMY FORT-CAMPBELL FORSCOM 197310 0 1541 WABIFF 101ST ABN DIV IST MW FORT CAMPBELL FORSCOM 197311 2 1543 WABIFF 101ST ABN DIV IST ARMY FORT CAMPBELL FORSCOM 197312 0.1543 WOMUAA ARADMAC IN MAINT NAVAL AIR STN AVSCOM 197401 0 1543 WOMUAA ARADMAC IN MAINT NAVAL AIR STN AVSCOM 197401 0 1543 WOMUAA ARADMAC IN STORAGE NAVAL AIR STPD AVSCOM 197403 0 1543 WOMUAA SUPPLY DIV STH ARMY FORT KNOX TRADOC 197404 * O 1543 WOMUAA ARADMAC IN STORAGE NAVAL AIR STN AVSCOM 1-97405 ? 1.545 WOMUAA INST MAINT FLT IST ARMY FT CAMPBELL - FORSCOM 197406 10 1555 WOMUAA INST MAINT FLT IST ARMY FT CAMPBELL FORSCOM 197410 0 1559 WOU254 SUP DIV IST ARMY FORT BENNING TRADOC 197411 0 1559 WOU254 SUP DIV IST ARMY FORT BENNIM.- Tp_/pPn1- 197412 0 1559 WOU254 SUP DIV 1ST ARMY. FORT BENNING , TRADOC 197501 3 1562 WAR4AA 197TH INF ODE IST ARMY- FORT BENNING FORSCOM -•ate - -7`1 In 71 A w -4 WT { TNF BDE IST ARMY FORT BENNING FORSCOM 197503 19 1590 WAR4AA 197TH INF BDE 1ST ARMY FORT BENNING FORSCOM 197504 1 1591 WAR4AA 197TH INF BDE LST ARMY FORT BENNING FORSICOM 197505 6 1597 WAR4AA 197TH IRF w^r' 9 rr AA°-•, c!l^T 197506 16 1613 WAR4AA 197TH INF BDE 15T ARMY FORT BENNING FORSCOM 197507 37 a.65@ !"AR4gA 197TH INF BDE IST ARMY FORT BENNING FORSCOM of rrn n.it IV 1_nRT SENNING FORSCOM 197509 .31 1683 WAR4AA 197TH INF BDE 1ST ARMY FORT BENNING FORSCOM 197510 7 1690 WAR4AA 197TH INF BDE IST ARMY FORT, BEWNS FORSrnM 197597. 43 1733 t,!IAPAAA Ind irr. I'— --- .QCT _____ _ _.. __ .- 197512 3 1736 WAR4AA 197TH INF WE IST ARMY FORT BENNING FORSCOM Please send additions or corrections to: yRousb Send comments and questions to the VHPA at(webmaster@yhpa.org_) Printed from databases on: 12/28/2016 Return to Main Index Copyright© 1998 -2016 Vietnam Helicopter Pilots Association n ®I. Pg. 6/412020 Iftnnation on helicopter 6&16761 Helie®p ter OHM58A 68-16761 The following is Goldbook information on US Army helicopter OSI-58A tail number 68-16761 It is provided here as an ESTDAM of the history of this helicopter and'is not intended to be the final authority. This helicopter was purchased by the US Army in 1269. Please provide any additional information on this helicopter to the VHPA. DATE FLT HRS UIC UNIT AREA POST COUNTRY 196912 0 0 WOV6AA OS TO CONUS ITR CONUS AVCOMITR 197001 90 90 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197002 108 198 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197003 107 305 WAILAA 7-8 ARTY 236P VIETNAM RVN, 197004 131 436 WAILAA 7-8 ARTY ' 23GP VIETNAM RVN 197005 138 574 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197006 28 602 WAILAA 7-8 ARTY 23GP VIETNAM RVN 197007 102 704 WA1LTO 7-8 ARTY 236P VIETNAM RVN 197008 90 794 WAILTO 7-8 ARTY 236P VIETNAM RVN 197009 86 880 WA1LTO 7-8 ARTY 23GP VIETNAM RVN 197010 131 1011 WA1LTO 7-8 ARTY 23GP VIETNAM RVN 197011 40 1051 WC5DAA 605 TRANS CO DS VIETNAM RVN 197012 0 1051 WC5DAA 605TRANS CO DS VIETNAM RVN 197101 0 1051 WCSDAA 605 TC DS VIETNAM RVN 197102 0 1051 WC5DAA 605 TC DS VIETNAM RVN 197103 32 1083 WARJAA 173 ABN BDE VIETNAM RVN 197104 88 1171 WARJAA 173 ABN BDE VIETNAM RVN 197105 74 1245 WARJAA 173 ABN BDE VIETNAM RVN 197106 156 1401 WAR3AA 173 ABN BDE VIETNAM RVN 197107 S7 1458 WARJAA 173 ABN BDE VIETNAM RVN 197108 0 1458 WARJAA 173 ABN BDE VIETNAM RVN 197109 0 1458 W0Y6AA AVSCOM FLT DET 5TH ARMY ST .LOUIS AVSCOM 197110 0 1458 W0Y6AA BEL HEL BAILMENT FT WORTH AVSCOM 197111 0 1458 WOV6AA BEL HEL BAILMENT FT WORTH AVSCOM 197112 0 1458 W8V6AA ARADMAC IN MAINT NAVAL AIR STN AVSCOM 197201 0 1458 WOY6AA OS TO CONUS ITR CONUS AVSCOM 197202. 0 1458 W0Y6AA 05 TO CONUS ITR CONUS AVSCOM 197203 0 1458 WOY6AA OS TO CONUS ITR CONUS AVSCOM 197204 0 1458 W0Y6AA OS TO CONUS ITR CONUS AVSCOM 197205 4 1462 WOY6AA OS TO CONUS ITR CONUS AVSCOM 197206 3 1465 W0Y6AA OS TO CONUS ITR CONUS AVSCOM 197207 0 1465 WOY6AA ARADMAC IN MAINT NAVAL AIR STN AVSCOM 197208 0 1465 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197209 0 1465 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197210 0 1465 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197211 1 1466 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197212 3 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197301 A 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197302 0 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197303 0 1469 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197304 10 1479 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197305 21 1500 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL 3RD ARMY 197306 5 1505 WABIFF 101ST ABN 3RD ARMY FORT CAMPBELL-- 3RD ARMY i /A1 On U$$ w4rdwzu imonnanon on neucoprer an-into-i 197307 7 1512 WABIFF 101ST ABN DIV IST ARMY FORT CAMPBELL FORSCOM 197308 4 1516 WABIFF 1015T ABN DIV IST ARMY FORT CAMPBELL FORSCOM 197309 25 1541 WABIFF 101ST ABN DIV IST ARMY FORT-CAMPBELL FORSCOM ' 197310 0 1541 WABIFF 101ST ABN DIV' IST ARMY FORT CAMPBELL FORSCOM 197311 2 1543 tMlFF 161ST ABN DIV 1ST ARMY - FORT CAMPBELL FORSCOM 197312 - 0-1543 WOMUAA ARADMAC IN MAINT NAVAL. AIR STN AVSCOM 197401 0 1543 WOMUAA ARADMAC IN MAINT NAVAL AIR STN AVSCOM 197402 0 1543 WBMUAA ARADMAC IN STORAGE NAVAL AIR STN ' AVSCOM 197403 0 1543 WOMUAA SUPPLY DIV STH ARMY FORT KNOX TRADOC 197404 0 1543 WOMUAA ARADMAC IN STORAGE NAVAL AIR ,STN AVSCOM 197405 2 1545 WOMUAA INST* MAINT FLT 1ST ARMY - FT CAMPBELL' FORSCOM 197406 10 1555 WOMUAA INST MAINT FLT IST ARMY FT CAMPBELL FORSCOM 197410 0 1559 WOU254 SUP DIV IST ARMY FORT BENNING TRADOC 197411 0 1559 WOU254 SUP DIV IST ARMY FORT BENNING TRADOC 197412 0 1559 WOU254 SUP DIV 1ST ARMY FORT BENNING TRADOC 197501 3 1562 WAR4AA 197TH INF ODE IST ARMY FORT BENNING FORSCOM 197502 9 1571 WAR4AA 197TH INF BDE IST-ARMY FORT BENNING FORSCOM 197503 19 1590 WAR4AA 197TH INF BBE IST. ARMY FORT BENNING FORSCOM 197504 1 1591 WAR4AA 197TH INF BDE 1ST ARMY FORT BENNING FORSCOM. 1975@5 6 1597 WAR4AA 197TH INF BDE 15T ARMY FORT BENNING FORSCOM . 197506 16 1613 WAR4AA 197TH INF BDE IST ARMY FORT BENNING FORSCOM 197507 37 1650 WAR4AA 197TH INF BDE IST ARMY FORT BENNING FORSCOM - 197508 2 1652 WAR4AA 197TH INF BDE IST ARMY FORT BENNING FORSCOM 197509 31 1683 WAR4AA 197TH INF BDE ' IST ARMY FORT BENNING FORSCOM 197510 7 1690 WAR4AA 197TH INF BDE IST ARMY FORT BENNING FORSCOM 197511 43 1733 WAR4AA 197TH INF SDE IST ARMY FORT BENNING FORSCOM 197512 3 3736 WAR4AA 197TH INF BDE 1ST ARMY FORT BENNING FORSCOM Please send additions or corrections to: G_a Roush Send comments and questions to the VHPA at(webmaster@vhpa.org) Printed from databases on: 12/28/20.16 Return to Main Index Copyright© 1998 -2016 Vietnam Helicopter-Pilots Association U v®i. pg. r�enamlafnnn.cnm/6f�-16761.HTM Z Marsha D. Anderson From: Emily Besser <ejbesser@ag.tamu.edu> Sent: Monday, May 3,2021 8:16 AM To: Marsha D.Anderson Subject: Commissioner's Court Agenda Request Attachments: lead academy.pdf ................_........................................................................,........ ........_.........,... _ .............................. .............-............._.._... .. ....................................... .......__ :Brazos County Disclaimer .:..° ".. *****This is an email from an EXTERNAL source.DO NOT click.links or open attachments unless you recognize the :sender and have verified that,the content is safe Never enter USERNAME,PASSWORD or sensitive information on :.hakes linked from this email."*** _ '_:............................ ...................... ...................................................... ...--......................... _....................... Good Morning, We would like to be added to the May 11 agenda. Dusty Tittle would like to present completion certificates for the commission ers(Aldrich and Berry) who recently attended the Commissioners Court Leadership Academy Class IX-Session 1 at the V.G Young Institute of County Government. Thank you Emily Emily Besser Office Manager, Brazos County Texas A&M Agril-ife Extension Service 2619 Highway 21 W, Bryan TX 77803 p: (979) 823-0129 f: (979) 775-3768 eibesser@ag.tamu.edu http://brazos.aerilife.ora/ eH* ATIEXASA&M GRILIFE GROWS HERE EXTENSION Vol. 3�3 pg. S 0 E TEXAS A&M' GRI V.G.Young Institute of County Govemn'tent " EXTE ION ' Monday,-April,26,2021 .. . . Brazos.County Extension Office - - Dus% TrttIe ty .. 2619 fflghway 21 Bryan,Texas 77803 Mr.*.Titdd, , Please find the completion certificate for your County Commissioners that'' ardcipated iri:th:'Commissioners Court Leadership Academy_Class W.".Session 1. We ask that you'present,the completion certificate at the; next regularly scheduled County'Commissioners Court meeting: For.more than 50 years the V.G. Young Institute of Cour tS':Ooni vement Lias served local' overnments in i;. . Texas. Since 2005,the Iristitute,a part.`of the Texas A&M AgriLife'Extension Service,has offered the' Commissioners Court Leadership Academy(CCLA)to further enhance_the`professionaHsi i :broaden the: knowledge,and enrich the experience of county judges and commissioner' in Texas.CCLA involves four, sessions over a 1-year period:three 3-day sessions in Texas counties and one.7-day sessi6i'in Washmgton, D.C. Presentations,-workshops,discussions,and networking opportunities during the sessions guide participants'' through complex leadership topics. Topics are carefully selected and'developed to be timely and reledart to: r f county judges and commissioners. Continuing education ciedits are reported to the Texas County Judges , ' and Commissioners Association following:each session:'' `` _ : . 'Thank you for taking this o ortuni to,en a e*ith the. anc�i atin coon ud es and commissioners to.: : :'. .., PP ,ty g g .P .. F g ty J. g strengthen their relationshi with the Texas A&M A nLife;Extension Service.. F ,g ( - If you have any.questions or need more information,please*call the V.G.Young Institute of County Government at(979) 845-4572. , 1. . ::.• Sincerely, ;.. , Peter.J.McGuill,Ph.D. Jeff Ripley Director:.V.G:Yours Institute. . .: ;'.::;:.: :;<: Associate:Director for°CountyOperations `; Texas A&M AgriLife Extension Service .::;`.. Texas"A&M'AgriL;ife Extension Service: . •'AgrfcuRure-and Lde clences 8wlding Texas A&M AgriLffe Extension Service 1470 William D.Fitch Pkwy,Suite 171 2137 TAMu 'College station;Tex®s 77843=2137 , 979.845.,&2979 8 15 Tet. AgnLkeExtensian.tamu,edu , Woeational programs of the Texas A&MAgNUre Extension SeMce'are open to on people w1uwut mgerd to race,eolOr,•IW100,ses,=natlonai orlgiq,age,dlsa6Excy,'genaticlrubmiet/o7i. Oryatemnstatu The Texas A3 Unive rstty System.U.S.Department ol'AgdaUltvre and the County Commisslonars Cants el Texas Coaper�BnR Leif .1.2rI' a " G,1 . ..._ .._ .....,_ --- a ' ........ .. _ .• to ra ... L . ... . ... .. . Uj o . . . ... .. ... . . .....: -O 4w. . .. 3 .: . ...:.. . a . = U (ALLO ::• N .. tA ��N : : E' W uu H ; a La WwIL ::. Vol. pg. �. .... ............ .......... ....... .. .......... ..... ...... .... ...... .... ...... ..... .. . ... ......................... ..................... .. .......... ...... ... ................ ... ............. .... .............. ............. ......... ........ ....... ...... .................. ... . ......... .. . .......... ................ .. ......... ........... ......... ... ........... .. .. ...... ........ ....... .... ........... ........... . .. ....... ... ............ ... ...... ..... ............... ..... ....... ............... . . .... . ...... ... ... . ....... .... .... .... ... ... ... ... ..... ..% ..... ....... .. . c...... . . . IM:....... .......... .... .. ....... . .. . ...... ..... .... ..... . om . Ar to .......... ... ... . . ... it Lu.. F ... . . . ....... sm .......... ........ . . . ........ . .. .... .... . ....... ......... . ......... .. ... .. .: ........... (A: .......... IM. .......... . . ....... .... . ... ...... swa ... ... .... . . ......... ...... am: CL F: W ........... ........... ... ... ..... ........... CL .. . ...... . .... ....... ts:o� YOF.B BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Facilities Services NUMBER: DATE OF COURT MEETING: 5/11/2021 ITEM: Request from Facilities Services for a Payment Authorization to All Star Pest Control for yearly termite inspection at the Boonville Heritage Park Cabin in the amount of$300.00. A Purchase Order was not obtained in advance. TO: Commissioners Court FROM: Ernest Stutts DATE: 05/06/2021 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT $0.00 ATTACHMENTS: File Name Description Type Payment Authorization All Star Pest Control.pdf Payment Authorization Cover Memo 01D Duane peters Coun Date vol. 33 Pg. SECOND AMENDMENT TO THE SECOND RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION,ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM(BVWACS) § COUNTIES OF BRAZOS, STATE OF TEXAS § WASHINGTON, GRIMES,MADISON, § AND BURLESON This Second Amendment to the Second Restatement Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System(BVWACS)is entered into this_day of ,2021 and is effective as of October 1, 2021. WHEREAS,the Brazos Valley Council of Governments and the Cities of Bryan, College Station and Brenham, and the Counties of Washington, Grimes, and Brazos, and Texas A&M University entered into an interlocal agreement (the "Agreement") for the construction, acquisition, implementation, operation and maintenance of the Brazos Valley Wide Area Communications System(BVWACS); and WHEREAS, the BVWACS Parties added Madison County to the Agreement on September 29, 2020; and WHEREAS, Section 11 of the Agreement provides for the addition of new parties to the BVWACS system; and WHEREAS,Section 6 of the Agreement provides for the amendment of the Agreement; and WHEREAS,Burleson County wishes to become a BVWACS Party; and WHEREAS,Burleson County agrees to abide by all Agreement covenants; and WHEREAS, the existing BVWACS parties wish to amend the Interlocal Agreement to add Burleson County as a BVWACS party; and WHEREAS, the Brazos Valley Council of Governments has secured grant funds to provide for the addition of a six (6)channel 700MHz RF site in Caldwell, TX; and WHEREAS, Burleson County has agreed to absorb the cost of the tower lease fees for the BVWACS antenna system on the Caldwell site under a separate agreement with the tower owner, NOW,THEREFORE,the BVWACS Parties and Burleson County hereby agree as follows: BVWACS 2,d Restatement ILA voi. 33� pg. 2"d Amendment-Burleson County Page 1 of 12 1. Unless expressly written herein, the terms of this Amendment shall follow the terms of the Agreement and will continue until September 30,2023, as defined in Section 2 of the Agreement. 2. As the BVWACS Managing Entity, BVCOG will fund the acquisition, construction, and implementation of radio frequency infrastructure at a leased tower site in Caldwell,TX using grant funds provided by the State of Texas directly to BVCOG. This includes acquisition and/or construction of a tower shelter building, radio frequency infrastructure, and data connectivity equipment. 3. Burleson County agrees that the tower owner requires a Structural Loading Analysis be performed by a Professional Engineer registered in the State of Texas for the purposes of determining if the tower structure can support the addition of the BVWACS Antenna System without modification. Burleson County further agrees that,should the Analysis indicated that structural modifications or enhancements are required to support the BVWACS Antenna System, that Burleson County will absorb the costs associated with the modification or enhancement of the tower structure. 4. Burleson County understands that costs associated with being a BVWACS Party are calculated every year, based on the number of subscriber devices they have in service on the BVWACS System versus the total Operating,Maintenance, and Capital Fund Budgets. 5. Burleson County further understands that, if their initial subscriber count is insufficient to cover the actual maintenance and operation costs associated with their membership, they will be responsible for payment of a sufficient number of subscriber units to offset those costs. 6. Burleson County understands that, once their actual number of subscriber units in service is sufficient to cover the actual maintenance and operation costs associated with their membership, they will be billed at their actual subscriber count. 7. Burleson County agrees to absorb the costs associated with leasing space on the tower structure at the Caldwell site, as determined in a separate agreement between Burleson County and the tower owner. Burleson County will be responsible for lease costs associated with two (2) 700MHz antennas, one (1) tower-top amplifier, microwave data equipment, and four (4) antenna cables, each at a height determined to be optimal to gain the.maximum coverage available at the Caldwell site. 8. Burleson County will receive subscriber devices, at no cost, from the BVCOG, at a quantity to be coordinated between Burleson County and the BVWACS System Manager, in an effort to lessen the initial Capital Expenditure burden on Burleson County. Burleson County agrees that they will receive the subscriber devices only, and Burleson County will be financially responsible for any costs associated with purchasing the necessary accessories to put the subscriber devices into service,including any batteries,antennas,microphones, charging devices,speakers,power cables, installation services, or any other ancillary costs. 9. In accordance with Section 4.B and 5.B of the Agreement,Burleson County shall appoint One (1) official to the BVWACS Governing Board, and One (1) primary and One (1) alternate representative to the BVWACS Operating Board. BVWACS 2"d Restatement ILA 2"d Amendment-Burleson County Page 2 of 12 Vol. fig. �� 10.The BVWACS Parties agree that, for testing and verification purposes, RF site infrastructure and subscriber units may become active prior to the effective date of this Amendment. The BVWACS Parties further agree that, should these units become active prior to the effective date of this Amendment, Burleson County shall not be billed for this testing, verification, and usage of the BVWACS System until the effective date of this Amendment. 11.In accordance with Section 22.D of the Agreement, Notices to Burleson County shall be directed to: Burleson County Attention: County Judge,with a copy to the County Attorney 100 W. Buck#306 Caldwell,TX 77836 BVWACS 2"d Restatement ILA 21 Amendment-Burleson County Vo 1. 3`3� Pg. D--j Page 3 of 12 BRAZOS COUN By: Date: 5 1 " Duane Peters, County Judge ATTES s �j i Date: Karen McQueen, County Clerk APPROVED- By: Date: Edward C. Bu 1 IV, Chief of Staff/Legal Officer B V WACS 2nd Restatement ILA Vol 2nd Amendment-Burleson County v Page 9 of 12 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR MANAGING ENTITY BY THE BVCOG FOR THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM (BVWACS) § COUNTIES OF BRAZOS, STATE OF TEXAS § WASHINGTON, GRIMES,MADISON, § AND BURLESON This Second Amendment to the Interlocal Agreement for Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System (BVWACS) is entered into this _ day of 2021 and is effective as of October 1, 2021. WHEREAS,the Brazos Valley Council of Governments and the Cities of Bryan, College Station and Brenham, and the Counties of Washington, Grimes, and Brazos, and Texas A&M University (BVWACS Parties) entered into an interlocal agreement (the "Agreement") for Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System (BVWACS); and WHEREAS, the BVWACS Parties added Madison County to the Agreement on September 29, 2020; and WHEREAS, Article 7 of the Agreement provides for Changes and Amendments of the Agreement; and WHEREAS, Burleson County is a new BVWACS party subsequent to execution of the First Amendment to the Second Restatement of the Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System(BVWACS); and WHEREAS, the BVWACS parties wish to amend this Agreement to add Burleson County; and WHEREAS,Burleson County agrees to abide by all covenants outlined in the Agreement; NOW,THEREFORE, the BVWACS parties hereby amend the Agreement as follows: 1. The Agreement is amended to include the Cities of Bryan, College Station and Brenham, and the Counties of Washington, Grimes,Brazos,Madison and Burleson, and Texas A&M University. 2. Article 12 is amended to add the following: County: Burleson County Attention: County Judge, with a copy to County Attorney 100 W. Buck#306 Caldwell,TX 77836 BVWACS Managing Entity ILA VOi. �� pg. 5 2,d Amendment-Burleson County Page 1 of 11 BRAZOS COUNTY By: Date:. Duane Peters, County Judge ATTES . � Date: ✓` 1 Karen McQueen, County Clerk APPROVED: l n By... Date: Edward C. ; Chi of Staff/Legal Off cer BVWACS Managing Entity ILA 2°d Amendment-Burleson County p oi. 3522 pg• Page 6-of 11 STATE OF TEXAS § COUNTY OF BRAZOS § CHAPTER 381 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN BRAZOSCOUNTY AND RELLIS CAMPUS DATA AND RESEARCH CENTER,LLC This Economic Development Agreement("Agreement") is entered into by and between the County of Brazos,Texas, a political subdivision of the State of Texas, ("County"), and RELLIS Campus Data and Research Center, LLC ("Developer"). County and Developer may also be referred to collectively as the("Parties") or individually as the ("Party"). WHEREAS,the Developer has entered into a ground lease with the Board of Regents of the Texas A&M University System (hereinafter referred to as "TAMUS")to lease approximately 25 acres of land,more or less(the "Land") located on the Texas A&M University System RELLIS Campus (the"RELLIS Campus") in Bryan, Brazos County, Texas (hereinafter the"Ground Lease"), with plans to develop and operate an approximately 225,000 sq. ft. data center with offices and classroom facilities (the"Project"); and WHEREAS,the Commissioner's Court of Brazos County finds the construction and operation of a data center by Developer will provide a valuable catalyst for economic development in the County through creation and retention of jobs, and an increase in ad valorem taxes to the County; WHEREAS,to make the Project viable, the Parties desire for County to provide an economic development grant to Developer in the form of an annual payment in an amount equal to fifty percent(50%) of the Maintenance and Operations portion of the County's ad valorem taxes collected on the Real Property and the Tangible Personal Property, excluding Inventory and Supplies, owned or leased by Developer or a tenant of Developer and located on the Premises, based upon Developer's satisfaction of certain obligations incident to the construction and operation of the data center, and tied to the increase in valuation of the Real Property and Tangible Personal Property attributable to such construction and operation; WHEREAS, in consideration of the execution of the Project in accordance with the performance measures set forth herein,County agrees to use available revenues calculated based on the increase in ad valorem taxes generated from the Project, to grant to Developer incentives ( the "Chapter 381 Payments") as set out herein; and WHEREAS, to ensure that the benefits County provides under this Agreement are utilized in a manner consistent with TEXAS LOCAL GOVERNMENT CODE, Chapter 381 and other law, Developer agrees to comply with certain conditions for receiving those benefits, including conditions relating to property development. 1 Vol. 333 Pgo � NOW,THEREFORE,for the reasons stated in these Recitals and in consideration of the mutual benefits to and promises of the Parties set forth below, the Parties are entering into this Agreement and agree to the terms and conditions set forth in this Agreement. ARTICLE I DEFINITIONS Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "Ad Valorem Tax Revenues" shall mean the Operations and Maintenance portion of the Real Property Taxes collected by the County on the Property, a portion of which will be repaid to Developer in the form of Chapter 381 Payments. "Affiliate" shall mean any person or entity which directly or indirectly controls, is controlled by or is under common control with Developer, during the term of such control. A person or entity will be deemed to be "controlled" by any other person or entity if such other person or entity (a) possesses,directly or indirectly,power to direct or cause the direction of the management of such person or entity whether by contract or otherwise, (b) has direct or indirect ownership of at least fifty percent (50%) of the voting power of all outstanding shares entitled to vote at a general election of directors of the person or entity or (c) has direct or indirect ownership of at least fifty percent(50%) of the equity interests in the entity. "Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's existence as a going business, insolvency, appointment of a receiver for any portion of the Property owned by Developer or a material part of a Party's property, and such appointment is assignment for the benefit of creditors,the filing of a voluntary petition for bankruptcy protection by a Party, or the commencement of an involuntary bankruptcy proceeding against such Party,and such proceeding is not dismissed within ninety(90)days after the filing thereof. "Base Year Taxable Value" shall mean the Taxable Value of the Property as of the I" day of April, 2023,from which all increases in the Taxable Value of the Property shall be measured. "BCAD" shall mean Brazos Central Appraisal District. "Chapter 381 Payment(s)" or"Cash Incentives" shall mean that amount paid as a grant under Texas Local Government Code, Chapter 381,by County to Developer in an amount equal to fifty percent (50%) of Maintenance and Operations Rate portion of the Real Property Taxes collected and attributable to the Incremental Taxable Value in the calendar year immediately preceding the year in which a Chapter 381 Payment is requested. Such amount shall be calculated based upon the Incremental Taxable Value for each year of the Agreement,unless otherwise provided herein. "Commencement of Construction" shall mean that: (a) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the Project or the applicable phase of the Project; (b) all necessary permits for the construction of the Project or for the applicable phase of the Project, pursuant to the respective 2 Vol. 339_ pg. �� plans therefor have been issued by all applicable governmental authorities; and(c) grading of the applicable portion of the Property and for construction of the respective phase of the Project. "Developer" shall mean RELLIS Campus Data and Research Center,LLC, and its successors and permitted assigns. "Effective Date" shall mean the date this Agreement is fully executed by both the County and Developer. "Expiration Date" shall mean the earlier to occur of(a) the date the Chapter 381 Payment is received from the County in the year following 10 years after the First Year of Cash Incentives or January 1,2024,whichever occurs first, or(b) 5 years from the Effective Date of this Agreement, if at that time,the Developer has not completed and/or the County has not accepted the Project;or (c) Developer's receipt of the total Chapter 381 Payments equal to the Maximum Payment Amount, as defined herein; or October 31, 2034. In recognition of the fact that Chapter 381 Payments by necessity are calculated and paid after taxes have been assessed and paid to the County, and therefore always run in arrears, the term of this Agreement shall be deemed to be extended for the time necessary to make any payments otherwise due and payable to Developer which extend beyond the original term of the Agreement. "Facility" shall mean a building or structure erected on the Property. "First Year of Cash Incentive(s)" shall mean the first calendar year following the calendar year in which the Incremental Taxable Value of the Property is at least ONE HUNDRED MILLION DOLLARS ($100,000,000.00) as determined by BCAD, or 2024,whichever occurs first. "Force Majeure" shall mean any act that(a)materially and adversely affects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Party's ability to do so; (b) is beyond the reasonable control of the affected Party; (c) is not due to the affected Party's fault or negligence and (d) could not be avoided by the Party who suffers it, by the exercise of commercially reasonable efforts, including the expenditure of any reasonable sum of money. Subject to the satisfaction of the conditions set forth in (a) through (d) above, Force Majeure shall include; (i) natural phenomena such as storms, floods, lightning and earthquakes; (ii) wars, civil disturbances, revolts insurrections, terrorism, sabotage and threats of sabotage or terrorism;(iii)transportation disasters,whether by ocean,rail,land or air;(iv)strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party; (v) delays in obtaining necessary goods or services essential for Project completion caused by an epidemic or pandemic; (vi) fires; (vii) actions or omissions of a Governmental Authority that were not voluntarily induced or promoted by the affected Party or brought about by the breach of its obligations under this Agreement or any Applicable Law; and (viii) failure of the other Party to perform any of its obligations under this Agreement within the time or by the date required pursuant to the terms of this Agreement for the performance thereof,provided however,that under no circumstances shall Force Majeure include any of the following events: (A) Developer's financial inability to perform as a result of economic hardship or changes in market conditions; or 3 vol. 33Z-- pg. �P (B)any strike or labor dispute involving the employees of Developer or any Affiliate of Developer, other than industry or nationwide strikes or labor disputes. "Governmental Authority(ies)" shall mean any Federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body whether legislative, judicial or executive (or a combination or permutation thereof), including a local government corporation, and the Texas A&M University System Office of Facilities Planning and Construction. "Ground Lease" shall mean the Ground Lease dated June 1, 2020, between Developer and the Board of Regents of the Texas A&M University System with respect to the lease of the Land to Developer.. "Improvements" shall mean construction of a new,approximately 225,000 square ft.data center, with offices and classroom facilities, and other ancillary facilities such as required parking and landscaping, and as more fully described in the submittals to be filed with the County. "Incremental Taxable Value" shall mean the Taxable Value for the Property as of January 1 st of a given year Iess the Base Year Taxable Value. "Inventory" shall mean only those items of Tangible Personal Property, consisting of items commonly referred to as wares, goods, and merchandise, which are held for sale or lease to customers in the ordinary course of business. "Land" shall mean the approximately 25 acres of land located on the RELLIS Campus the subject of a Ground Lease between Developer, as tenant, and the Board of Regents of the Texas A&M University System as Iandlord as described in Exhibit"A". "Maximum Payment Amount" shall mean the total, not to exceed amount of cash incentives which may be paid to Developer by County as a Chapter 381 Payment during the term of this Agreement, which amount shall not exceed NINE MILLION DOLLARS AND NO CENTS ($9,000,000.00). "Payment Request" shall mean a written request from Developer to the County for payment of the annual Cash Incentive accompanied by a report of all property ID numbers for each record owner of a lot, parcel or Facility located on the Property. "Project" is DeveIoper's planned approximately 225,000 square ft. data center with office and classroom facilities to be located at Texas A&M University System's RELLIS Campus in Brazos County,Texas. "Property" shall mean the Real Property and Tangible Personal Property, excluding Inventory and Supplies. "Real Property Taxes" are the County's share of the ad valorem taxes received by the County from the Brazos County Tax Assessor-Collector on the value of the Real Property, which shall include land, improvements and personal property taxed by the County. 4 Vol. "RELLIS Campus" shall mean the Texas A&M University System RELLIS Campus located in the City of Bryan, Brazos County, Texas. "Taxable Value" shall mean the appraised value as certified by the Brazos Central Appraisal District as of January 1st of a given year. ARTICLE II TERM 2.01 This Agreement shall commence on the Effective Date and shall continue for a period of ten (10)years after the first Chapter 381 Payment is received or January 1,2034,whichever occurs first,unless terminated sooner. In recognition of the fact that Chapter 381 Payments are, by necessity, calculated and paid after taxes have been levied by and paid to the County and, therefore,will always be paid in arrears,the Term of this Agreement will be deemed extended until any Chapter 381 Payments relating to Ad Valorem Tax Revenues attributable to the specified Term of this Agreement have been paid to the County and Developer. ARTICLE III REPRESENTATIONS AND WARRANTIES OF DEVELOPER AND COUNTY 3.01 In order to induce County to enter into this Agreement, Developer represents and warrants as follows: (a)Developer is a duly organized and validly existing Liability Corporation under the laws of the State of Texas. (b) Developer has the power and authority to execute, deliver and carry out the terms and provisions of this Agreement and all other instruments to be executed and delivered by the Developer in connection with its obligations hereunder. The execution, delivery, and performance by Developer of this Agreement have been duly authorized by all requisite action by the Developer, and this Agreement is a valid and binding obligation of the Developer enforceable in accordance with its respective terms, except as may be affected by applicable bankruptcy or insolvency laws affecting creditors' rights generally. (c)The Developer is not in default in the performance, observance or fulfillment of any of the obligations,covenants or conditions contained in any material agreement or instrument to which the Developer is a party or by which the Developer or any of its property is bound that would have any material adverse effect on the Developer's ability to perform under this Agreement. (d) To its best knowledge,Developer is not a party to or otherwise bound by any agreement or instrument or subject to any other restriction or any judgment, order, writ, injunction, decree, award, rule or regulation which could reasonably be expected to materially and adversely affect the Developer's ability to perform its obligations under this Agreement. 5 Vol. X3`3 Pg. �� (e)The Developer fully intends to commence and complete the Project. 3.02 In order to induce Developer to enter into this Agreement, County represents and warrants as follows: (a) County is a political subdivision of the State of Texas created by the state for governmental purposes and is authorized and empowered to enter into this Agreement. The County Commissioners Court is empowered to act on behalf of the County, limited to activities specifically provided in the state constitution, statutes, and codes. (b) The County has the authority to levy, assess, and collect ad valorem taxes on the Property and to use the taxes collected by it from property within the County, including the Property, as provided in this Agreement. ARTICLE IV DEVELOPER OBLIGATIONS 4.01 In consideration of the County's participation in this Chapter 381 Program, and as an express condition of the County's obligation to provide the Chapter 381 Payments to Developer, Developer agrees to: (a)Commence Construction of the Project no later than November 1, 2021, and shall substantially complete construction of the Project within eighteen (18) months of the Commencement of Construction Date. (b) Construct Improvements in accordance with all applicable federal,state,and local laws, codes,ordinances, rules, and regulations. (c)File a copy of construction plans for the Project Improvements with the County, which shall be deemed to be incorporated by reference herein and made a part hereof. (d)Maintain Improvements owned by it during the Term of this Agreement in accordance with all applicable federal, state, and local laws,codes,ordinances,rules and regulations. (e)Make timely payment of ad valorem taxes during the Term of this Agreement, Developer shall not allow the ad valorem taxes owed to the County on the Property by Developer or any other Property owned by Developer and located within Brazos County, to become delinquent beyond the date of when due, as such date may be extended to , allow for any protest of valuation or appeal during the Term of this Agreement.Nor shall Developer fail to render for taxation any property owned by Developer and located within Brazos County. 6 Vol. pg. (f) During the Term of this Agreement,Developer shall not default on the Ground Lease. (g) During the Term of this Agreement, Developer shall not allow the ad valorem taxes owed to County on the Property owned by the Developer, or any other property owned by Developer and located within the County to become delinquent beyond the date when due,as such date may be extended to allow for any protest of valuation or appeal.Nor shall Developer fail to render for taxation any property owned by Developer and located within the County. (h) During the Term of this Agreement, Developer shall not convey all or part of the Improvements to the Texas A&M University System or other third party without the prior written consent of the County,which written consent not to be unreasonably withheld, conditioned or delayed,with the exception that Developer may convey the Improvements to the Developer's Affiliate. (i)Comply with all terms of this agreement 4.02 Developer's failure to meet Developer's obligations under this Agreement shall release the County from any payment obligations in this Agreement. ARTICLE V COUNTY OBLIGATION 5.01 County's obligation to make the Chapter 381 Payment to Developer as set forth herein is contingent and conditioned upon the satisfaction of the following performance requirements: (a)The Property must achieve a minimum combined Real Property and Tangible Personal Property Taxable Value of ONE HUNDRED MILLION DOLLARS ($100,000,000.00), as determined by BCAD,within twenty-four(24) months of the Effective Date; and (b) The Property must achieve a combined Real Property and Tangible Personal Property Taxable Value of TWO HUNDRED MILLION DOLLARS($200,000,000),as determined by BCAD,within sixty(60)months of the Effective Date. 5.02 Developer's failure to meet Developer's obligations under this Agreement shall release the County from any payment obligations in this Agreement. ARTICLE VI CHAPTER 381 PAYMENTS 6.01 Subject to the Developer's compliance with the terms and conditions of this Agreement, County agrees to pay to Developer annually,not later than October 30 of each year, an amount equal to fifty percent(501/o)of Maintenance and Operations Rate portion of the Real Property vol. -313 Pg. `1 Taxes collected and attributable to the Incremental Taxable Value of the Property for the preceding tax year. Provided that the total amount of Chapter 381 Payments paid under this Agreement shall not exceed the Maximum Payment Amount. 6.02 In no event will the Chapter 381 Payment paid in connection with a tax year exceed fifty percent (50%) of the Maintenance and Operations portion of the ad valorem taxes actually collected by the County from the Property. 6.03 The County's obligation to make the Chapter 381 Payment(s) hereunder is subject to annual appropriation by the Brazos County Commissioners Court,which the County agrees to use best efforts to appropriate such funds annually during the Term of this Agreement. Under no circumstances shall County's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. 6.04 The total amount of Chapter 381 Payments paid by the County under this Agreement shall not exceed the Maximum Payment Amount. Upon the County's payment of the Maximum Payment Amount,the County's obligation to make the Chapter 381 Payments to Developer ends. 6.05 During the term of this Agreement,Developer shall be subject to all taxation,including but not limited to, sales tax and ad valorem taxation; provided, this Agreement does not prohibit Developer from claiming any exemptions from tax provided by applicable law. 6.06 The County's obligation to make the Chapter 381 Payment(s) hereunder is subject to Developer's filing of a Payment Request on or before September 1 of each calendar year, requesting payment for the previous year's taxes. The request shall be made on the form attached hereto as Exhibit"C",together will all supporting documentation. ARTICLE VII IMPROVEMENTS 7.01. Developer agrees as good and valuable consideration for this Agreement,that construction of the Improvements by Developer will be in accordance with all applicable state and local laws, codes, and regulations. 7.02 A copy of construction plans for the Improvements constructed on the Property by Developer will be filed with County, in the office of the County Judge. 7.03 Developer agrees -to maintain the Improvements owned by it during the term of this Agreement in accordance with all applicable state and local laws,codes, and regulations. 7.04 County, its agents and employees shall have the right of access to the Property during construction by Developer to inspect the Improvements at reasonable times and with reasonable notice to Developer, and in accordance with visitor access and security policies of Developer and Developer's tenants,in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Vol. Pg. Lo 7.05 Developer agrees to include the following paragraph in any land sales contract for the Property: (a) Buyer agrees that construction of the Improvements will be in accordance with all applicable state and local laws, codes and regulations; (b) Construction plans for the Improvements constructed on the Property will be filed with County, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes; (c) Buyer agrees to maintain the Improvements owned by it during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations; and (d) County, its agents and employees shall have the right of access to the Property during construction by Buyer to inspect the Improvements at reasonable times and with reasonable notice to Buyer, and in accordance with visitor access and security policies of Buyer and Buyer's tenants, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations(or valid waiver thereof). ARTICLE VIII DEFAULT,TERMINATION AND RECAPTURE 8.01 This Agreement shall terminate upon any one or more of the following, and the County shall have no further obligations to make any further Chapter 381 Payments, except as provided in Section 2.01 of this Agreement. (a)By mutual agreement of the Parties; (b)Expiration Date; (c)By the County, if Developer suffers an event of Bankruptcy or Insolvency; (d) By the County or Developer in the event the other Party breaches any of the terms or conditions of the Agreement and any such breach is not cured within sixty(60)days after written notice by the non-breaching Party. 8.02 If the Developer should default in the performance of any obligation of this Agreement, the County shall provide Developer written notice of the default, and a minimum period of thirty (30) days to cure such default,prior to pursuing any remedy for default. 8.03 If Developer remains in default after notice and opportunity to cure,County shall have the right to(a)suspend the Chapter 381 Payments or(b)terminate the Agreement and the Chapter 381 Payments which have accrued after the date of default; and (c) to exercise all available remedies at law and at equity. v®i. Pg.LP9 8.04 In the event the Developer defaults by failing to satisfy the investment requirements of Section 4.01(b), the County shall have the right to recapture all Cash Incentives paid during the Term of this Agreement by County to Developer. The Developer shall repay to the County the total amount of all Payments paid to Developer by County under this Agreement within thirty(30) days of the County's written demand therefore. Any amounts not timely paid shall be considered delinquent property taxes and shall bear penalty,fees,and interest at the rate prescribed by law for delinquent property taxes. 8.05 The provisions of this Article herein regarding termination of the Agreement and the recapture of previously paid Cash Incentives shall apply should the Developer fail to pay property taxes owed to the County and fails to properly follow legal procedures for protest or contest of such taxes. 8.06 The County's right and authority to pursue any default and to recover all of the Chapter 381 Payments made to Developer under this Agreement shall survive the termination of this Agreement. ARTICLE IX EVENTS OF FORCE MAJEURE 9.01 If the Developer gives written notice to County that Developer cannot perform one or more of the Developer's obligations because of force majeure,within ten(10)days of the event of force majeure, the County may, by written notice to the Developer, suspend one or more of the Developer's obligations in whole or in part for the time and to the extent necessary to allow the Developer to overcome the force majeure and resume performance thereof. ARTICLE X TERMINATION 10.01 In the event, Developer elects not to proceed with the Project as contemplated by this Agreement,Developer shall notify the County in writing, and this Agreement and the obligations on the part of both parties shall be deemed terminated and of no further force or effect. In addition this Agreement shall terminate when Developer has been paid the Maximum Payment Amount in full. 10.02 If the Developer sells or otherwise conveys the Property or any portion of the Property to a third party, other than an Affiliate as defined herein, prior to the Property obtaining a minimum Incremental Taxable Value of TWO HUNDRED MILLION DOLLARS ($200,000,000.00), this Agreement shall terminate as of the conveyance date and the County shall have no further obligation to make any Chapter 381 Payments to Developer. 10 Vol. Pg, �) 0 ARTICLE XI INDEMNIFICATION 11.01 Developer does hereby agree to waive all claims, release, indemnify, defend and hold harmless the County, and all of their officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to,or loss of use of any property occasioned by the error,omission,or negligent act of Developer, its officers, agents, or employees arising out of or in connection with the performance of this Agreement, and Developer will at its own cost and expense defend and protect the County from any and all such claims and demands.The indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Developer or any contractor or subcontractor under workman's compensation or other employee benefit acts. ARTICLE XII REPORTING AND AUDITING 12.01 Compliance Certification.Developer shall,before August 1'of each calendar year that the Agreement is in effect, certify in writing to County that it is in compliance with each term of the Agreement, using the Certificate of Compliance form attached hereto as Exhibit `B". The submission of these reports shall be the responsibility of Developer and shall be signed by an officer of the Developer. Current year paid tax receipts shall be attached to the form as an Exhibit. 12.02 Access to Records / Right to Audit. Developer shall allow County reasonable access, during normal business hours,to exam its records and books and all other relevant records related to the Developer's compliance with the performance requirements of this Agreement. ARTICLE XIII MISCELLANEOUS 13.01 Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are true and correct and are hereby incorporated herein as part of this Agreement. 13.02 Entire Agreement. This Agreement, including any exhibits hereto, contains the entire agreement between the parties with respect to the transactions contemplated herein. 13.03 Amendments. This Agreement may only be amended, altered, or terminated by written instrument signed by all parties. 13.04 Assignment. Developer may not assign this Agreement without the prior written consent of the County, except that Developer may assign this Agreement in whole or in part to an Affiliate or in connection with any merger,reorganization, sale of all or substantially all of its assets or any similar transaction; provided that Developer provides the County with written notice promptly VOL pg. �l1 after any such assignment. The Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. 13.05 No Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused, unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 13.06 Notices. Notices under this Agreement are sufficient if given by nationally recognized overnight courier service, certified mail (return receipt requested), facsimile with electronic confirmation, or personal delivery to the other Party at the address below. If no address is listed for a Party, notice to such Party will be effective if given to the last known address. Notice is effective: (a)when delivered personally,(b)three business days after sending by certified mail,(c) on the business day after sending by a nationally recognized courier service,or(d)on the business day after sending by facsimile with electronic confirmation to the sender. Each Party may update its contact information by notice to the other. Routine business and technical correspondence must be in English,and may be in electronic form. The contact information for each Party is as follows: COUNTY: DEVELOPER: Brazos County RELLIS Campus Data and Research Center,LLC Attn: Duane Peters, County Judge Attn: Sam Tenorio, III 200 S.Texas Ave., Ste. 332 President Bryan,Texas 77803 833 RELLIS Parkway Telephone: (979) 361-4102 Telephone: (512) 650-6228 Facsimile: (979)361-4503 13.07 Applicable Law and Venue. This Agreement is made, and shall be construed and interpreted under the laws of the State of Texas. Venue for any legal proceedings shall lie in State courts located in Brazos County,Texas. Venue for any matters in federal court will be in the United States District Court for the Southern District of Texas,Houston Division. 13.08 Severability. In the event any provision of this Agreement is illegal, invalid, or unenforceable under the applicable present or future laws,then,and in that event,it is the intention of the Parties that the remainder of this Agreement shall not affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision to be illegal, invalid or unenforceable. 12 ,Vol. Pg. �� 13.09 Third Parties. The County and Developer intend that this Agreement shall not benefit or create any right or cause of action in or on behalf of any third-party beneficiary, or any individual or entity other than the County and Developer or permitted assignees of the County and Developer, except that the indemnification and hold harmless obligations by Developer provided for in this Agreement shall inure to the benefit of the indemnitees named herein. 13.10 No Joint Venture. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the Parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose whatsoever. Except as otherwise specifically provided herein,neither Party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. 13.11 Employment of Undocumented Workers.During the term of this Agreement,Developer agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), Developer shall repay to County all Cash Incentives received under this Agreement as of the date of such violation within 120 days after the date Developer is notified by County of such violation, plus interest at the rate of 5% simple interest from the date of Developer's receipt of the Cash Incentives until repaid. 13.13 2 HB 1295 Compliance. Section 2252.908 of the Texas Government Code requires that for certain types of contracts,you must fill out a conflict of interest form("Disclosure of Interested Parties") at the time you submit your signed contract. For further information please go to the Texas Ethics Commission website via the following link. hMs://www.ethics.state.tx.us/whatsnew/elf info form1295.htm 13.14 Boycotts and Foreign Business Engagements. The Developer represents and warrants for purposes of Chapter 2270 of the Texas Government Code, that at the time of execution and delivery of this Agreement, neither the Developer, nor any wholly-owned subsidiary, majority- owned subsidiary, parent Developer, or affiliate of the Developer, boycotts Israel.The Developer agrees that, except to the extent otherwise required by applicable federal law, including, without limitation 50 U.S.C.. Section 4607, neither the Developer nor any Affiliate of Developer will boycott Israel during the term of this Agreement.The terms "boycotts Israel"and"boycott Israel" as used in this clause(a)has the meaning assigned to the term"boycott Israel"in Section 808.001 of the Texas Government Code. Developer represents and warrants, for purposes of Subchapter F of Chapter 2252 of the Texas Government Code, that at the time of execution and delivery of this Agreement neither the Developer nor any Affiliate of Developer(i)engages in business with Iran, Sudan or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a Developer listed by the Texas Comptroller under Sections 806.051, 807.051 or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" as used in this clause (B) has the meaning assigned to such term in Section 2252.151 of the Texas Government Code. 13.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which constitute one instrument. 13 vow. 333 Pg. �3 SIGNED this 1.:1: .. day of 2021. Brazos County,Texas: Duane Peters n County Judge Steve-Aldrich Russ Ford County Commissioner, Precinct I County Com issi ner, Precinct 2 Nancy Berry Irina Cauley County Commissioner, Precinct 3 County Commi -;.ner, Precinct 4 Karen:MgQueen,County erk RELLIS Campus Data and Research Center,LLC: Sam Tenorio, III, President Date: 14 EXHIBIT "B" Certificate of Compliance Reporting Year I, ,the authorized representative of RELLIS Campus Data and Research Center, LLC,hereby certify that the RELLIS Campus Data and Research Center, LLC has complied fully with the Chapter 381 Economic Development Program Agreement during the reporting year, including but not limited to Sections 4.01, 5.01, 12.12 and 12.14. Current year paid tax receipts are attached hereto as Exhibit"I". Signature: Printed Name: Title: Date: Received By: County Auditor Brazos County,Texas Date: Vol. Pg. �5 EXHIBIT "C" Brazos County,Texas Payment Request Form 381 Economic Development Agreement The following payment request is consistent with the Economic Development 381 Agreement between Brazos County,Texas and the RELLIS Campus Data and Research Center,LLC, signed and approved by the Brazos County Commissioners Court on Make Payment to:RELLIS Campus Data and Research Center, LLC. Payment#: of 10. 1. Total amount of the Operations and Maintenance portion of the Ad Valorem Tax Revenues collected by the County through July 1'. $ 2. Abatement agreement%per contract: 50% 3. Multiply Line 1 by Line 2.Amount due from Brazos County, Texas. Affirm that the amount above was paid in full and on time to the Brazos County Tax Office. Name Title Date Received By: County Auditor Brazos County, Texas Date: 16 Kofil6`- August 31, 2020-4evised February 4, 2021 Honorable Gabriel Garcia Brazos County District Clerk 300 E. 26th Street,Suite 1200/1201 Bryan, TX 77803 RE: QuickLink@ Lite of Index Books with Archival Digitization of Criminal Fee Indexes Dear Hon. Gabriel Garcia, This proposal addresses the image stitching and QuickLinkO Lite indexing of Index Books as maintained by the Brazos County District Clerk's Office. Indexes in the Criminal Fee books will receive archival digitization services (image capture and processing). Recommended services include image stitching and a QuickLinkO Lite Access Solution.This custom software solution provides an electronic search of Index Book images. All services are completed by Kofile Technologies, Inc. (Kofile). Without a signed agreement, all pricing is good for 90 days from the date of this quote. PROJECT UNDERSTANDING At Kofile Technologies, Inc. (Kofile), each project is unique and deserves special attention. Preservation can incorporate conservation, treatment, stabilization, preventative care, or digitization--or any maintenance or repair. Oftentimes, this includes preserving and removing the original from public access and creating a security copy as a digital back-up and method for increased accessibility. Due to the nature of these records, they maintain a PERMANENT retention schedule according to Local Schedule DC,Texas State Library &Archives Commission, (Revised Third Edition - Effective March 25, 2019) - 13 TAC §7.125(a)(4). ACCESSIBILITY OF RECORDS Records held at Kofile are viewed as private and confidential and treated as such. Brazos County is guaranteed access to records via email or toll-free fax at our expense. Upon receipt of a records request, Kofile will flag the requested record and verify inventory control, pull supporting paperwork, and email/fax a response to the approved requester or alternate. The turnaround time for a records request will meet or exceed the County's requirements. Please note that all records (including volumes, documents, digital images, metadata, or microfilm) serviced by Kofile shall remain the property of the County.This policy is applicable to any agreement, verbal or written, between Brazos County and Kofile. / The records are not used by Kofile other than in connection with providing the services pursuant to any agreement between Kofile and the County. Records are not disclosed, sold,assigned,leased,or otherwise provided to third parties.The records are not commercially exploited by or on behalf of Kofile,its employees,officers,agents, invitees,or assigns,in any respect. 6300 Cedar Springs Rd Vol. 33 pg, --�1 � Kail6 ar ARCHIVAL DIGITIZATION i r Imaging a document and � '� ' 'h � f x �' � � '� an digitizing a collection creates electronic representation of the . � *�TM original archival record. This is not - ... meant to replace the record, but to aid in its preservation. The image serves as a reference tools + ; and is a back-up if the original is damaged or destroyed. € Kofile does not subscribe to the v "scan it and forget it" philosophy. = Materials are addressed according to condition and fold 91hat would this image look like if The tape compromises image endurance without blind, imaged'ASIS?" legibility. automatic scanner feeds. Technicians are trained to handle fragile and historical documents. Many projects involve re-imaging what low-bid vendors have already imaged. Kofile invests in the best hardware and software. With Kofile, images are the highest quality and are free of distortion and loss of information due to image capture. Upon request, Kofile stores an electronic security back up of all images in case of loss, damage, or destruction by fire or natural disaster. Imaging Overview Images are captured at a minimum of 300 dpi at 256 bi-tonal or gray levels. Images accumulate as Group IV bi-tonal images in a standard TIFF or PDF format. Images are optimized and scaled for system output. Effectiveness and minimum legibility of the scanning process is verified through rigorous and systematic quality control. Image Capture Domain specific knowledge is necessary. A vendor that does not understand permanent asset collections may address the County's files as disposable. Kofile's operators observe each page during capture. For faint or illegible pages, the operator marks the page, readjusts the scanner, and employs contrast tools. If unsuccessful, it is flagged for a quality assurance assessment. The page is treated with a "Best Possible Image Indicator" or further enhancements. Kofile always defaults to U.S. National Archives and Records Administration (NARA) technical guidelines for digitization. Image Processing and Enhancement IMAGE PERFECT, a proprietary software, ensures optimum image quality. It uses custom image clean up and enhancements such as deskew, despeckle, character repair, and zonal processing. When documents vary in size and density, this programming ensures uniformity. Its proprietary algorithms are critical for capturing different densities and quality levels in a collection. Among the many common problems the software automatically addresses include at capture: • White-on-white images • Tone correction • Synchronizing images from different scanners • Resolution adjustments • Floating page cropping & segmentation • Metadata Normalization • Rotating & de-skewing images BRAZOS COUNTY DISTRICT CLERK PAGE 2 14 QUICKLINK©LITE OF INDEX BOOKS Vol.WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES V 35� Q dugusl31,20,70—revrsedfehruary 4,2021 Pg• U Kofil d ' a E��c,z *ill$z�� — } �F 7 l R'N The article implies that partial document destruction is normal. This is unarreplahle and contrary to any preservation standard Kofilo has the experience and expertise to handle fragile documents and address the physicolpreservation of the source document. Source:Higgins,Jessie. "Recorder's Office Preserving Oldest County Records by Digitizing Them:Some Century-Old Pages Crumble When Touched."Courier Press, August 21,2013<www.courierpress.com/news/loco/-news/digitizing- historical-records>and<www.cc)urierr)ress.com/news/local-riews/county-digitizes-century-old-records>. This proprietary software is a digital SLR-based system. Kofile utilizes the Microsoft®SQL database as the underpinning for the production systems.The software also allows operators to build and edit image processing scripts interactively.The image processing scripts can be saved for batch processing. It also has progress tracking capabilities and can identify exceptions.Supervisors manage and correct problems quickly and efficiently. IMAGE PERFECT allows repair of the displayed image without rescanning, which could compromise image integrity. Kofile maintains 100% document integrity and image control with exclusive Image Locking capabilities. Processing procedures do not allow information from rescanned pages to cut and paste into the incorrect page. Images are zonal enhanced to improve readability. Quality Targets (pictured) establish the baseline digital capture quality at capture. Quality Targets serve as the {" _ foundation for quality assurance - analysis. IMAGE PERFECT measures, at a 3 minimum, for the following attributes: ■ Target dpi _ ■ Target Tone scale & 3 correction , ■ Color ManagementEl _ ■ Brig htness/Contrast n ,. Correction /mages, even those from different devices,are 'normalized" ■ Gamma Adjustment as if from one scanner.Rather than using ad hoc algorithms ■ White Balancing and tricks,this software measures image quality and ■ Page Orientation propagates this data through the imaging chain. The 0volily ■ Exposure uniformity Targets estahlish the baseline digital capture quality of the ■ Color reproduction data scanner at the time of scanning. BRAZOS COUNTY DISTRICT CLERK PAGE 3 19 QUICI(LINK®LITE OF INDEX BOOKS WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES Vol. August 91,2024—re vised fehraury A,2021 Kof116� k,� 'q r l I �.� ' I; GULF OIL CORPORATION } tti fxampies of imaging hefore(L)and after(R)image deanup and enhancements. Annotations are supported to allow the addition of Book Name, Volume, and Page on the image. Image quality metadata is captured as part of the image header along with a secured digital signature that certifies the fidelity and integrity of every image scanned. Quality Control (QC) QC ensures that all images are certified. Each image is sight checked to ensure there are no missing pages, double feeds, or "A" pages (added to the original book). The County can receive an image log noting the steps employed. Quality assurance involves three major thresholds for 100%review inspection: during preparation, scanning, and post- scanning. Then, work undergoes a statistical, random, batch-based review of 8% of the inventory before delivery. The three checkpoints for 100%review and the batch-based 8% review establish the control levels for inspection of the finished product. BRAZOS COUNTY DISTRICT CLERK H GE 4 19 OUICKLINK®LITE OF INDEX BOOKS Vol. 355 WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES — Aagusl3l,201�revisedfebruary 4 2021 fir=" Kofile QUICKLINK® LITE ACCESS SOLUTION Typiralqueries bytitle companies,ahstradors, or attorneys QUICKLINK@ LITE is a custom software require data older than 30 years. Oilla d=@ automates solution that provides an electronic searches,andprovides significant cost savings from full search of Index Book images. It indexing expedites a county's digital imaging and # ,ari x, �� t4 indexing initiatives. °, - a 4tig3 This solution offers reduced cost and 3� 710 l• ON ,;; � � " ? € liability as an alternative to full Indexing— na especially the costs associated with handwritten records. Manuscript data is , , vu a * expensive to index due to the significant .` time and increased level of difficulty '" t ` ' . required to transcribe information and " interpret handwriting les. p g st y QUICI(LINI(UR LITE 0nre the index entry is ' `` QUICKLINK@ LITE maps the index entry and located via a/phahetirol f retrieves the image of the associated search,access Type: Civil Cases •' index book page. QuIcKLINKO LITE is a browser-based and web-hosted physirnl volume in the Year: 1849-1920 • interfaces. It is incrediblyuser-friend) clerk's office to forate ---------.- y• : Parties: Plaintiff Incorporating a digital retrieval reduces the desiredrerord. f i Last A wear on the oversized original index : Name: books as well as the original documents. First A_Z----- Name: See the search parameters exampled on the following page. Online help for this application is available via email and online chat. BRAZOS COUNTY DISTRICT CLERKP GE 519 QUICKLINK®LITE OF INDEX BOOKS ®�. 33 �g. WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES --- Avausl.31.2020—revisedfebruary 9.1021 Kof1146"' QUICKLINK®LITE Kofiki ~V 'si` 1� Ent Hon'n �2.o:im 3NOtJi Image; 3 /2 Print NJ#p �C81RfrORQc -.. .. i Type: 0,*cases 1 1 Y4ar; 3Bt9-L920 1 11 I' AN'T NAR tint FLED DATE ........._._-- -.- 'A W A OAO^'S1EtVNA CO VS RS WATER WALL Partws. Ftfin."1 3 1' 11 11I 1' LYI A EROW1;STfW AND CO I'S PS WAIER WALL 1076'1914 La-i _ _ ACMAW—i%DO VS CO MMM616Zf1a 1Jaina: F • 1 MIER ARME VS MAR;A ANTO]AA DE CNTU 31tSI2 _. _-- ._. AUCE A60U1 •LJCEAEODIYStMASOJT SYTI�I .i . 'Fast A6C .2 • { _ �„ iRANC0 AEREGO FRAIJCGM ARREGO VS}SAOEl VALDEZ ADRLGO fi'1[K,y$ i llama: ar.aTa VANULYA 'tRE00 CE L0NQOmA WLryJEU AMOODE LONOOPJA VS FAJJST0I,LOGGofm 11JIl�i+' 459 L WAIEU AHRECA DO LONGO" k1kWEIA ASRfGQItE 1,01r.7PJAVS FAUSILIOVONGORA Azo two {( 24214 JL ADAVG JI ADAl15VRCF PEAAY O'J619tC SZ13 JAY AOA.U3 JAY E A314N5 4 P S DtWDRIN El AL 'Alit199,1 ,Y ,1 i6 WT ADAMS V.I ADAM VS I W CAR IER fT A iZS191f 3724 JO AWINS 1 LAMAA DI%&4AJ SWILLt ADKOit IS tlxluiYl tG 15,917 toss LAURA ADF"eJS LAMA ADARq VS WLlwAA0KJ5 1'41905 ADVAMM RNALY TJ1.14"11 } 45JB DWPANY AD�MA;F-RUNElY Lr1RAStffP CQYJ•ANY Y4 S S CAD.YEU.41slt 50 CAtJM'ElE 4416 tfYJ S{ i NSet GJJ `SR'1.'>".Er 3CI7 DOLORES AGiAAR OOIOAESAOLIAAA VS I.O!:le1Ll11A Pi:.NE?CUL ASFN 56`9110 . 1 iteYulJs AA:e -S".r'<'Kr, 2m savulm AGLWJRE t6VCS1Rt AGUIRRE VS FELAXAS ACUOMS 1.x/'501 3319 W Y H AXERS W tJ H AAEAS YS N ARUNOEN STAR IIA.NK 14791917 A 2x'n In -EJrn.'•'k" ZSSe Au1JO PON WORKS AAMMKil WORKS VS W J=MS ET AL 11n19U 2346 1RA1JK ACEDO FRAK+:ACEDO VS O L CAW 441917 Out .Shn.' -v 4505 JA AOERER[E JAALMMC£VSJAHU ETA B7L1710 4Sr. JA At"RQcE JAADERDR:EVSAMAJCLL 103 To70 st"n 4s;'r 152 N J AUDI KOCR Y J ALEAUJDER V90 CLnTRJA ALEXANCEA 32,11604 1oz4 MI ALEIW:0" WI AAEYAA'OfAVSJOSfF'k V4Ee1EA 572,472 "I UORIYTAJ ALEAAA'DCR LAO1MAAJAEEAJAERVSLIASJA&tt T.7:1e71 ur2 6VSANA AC4A1J)fA bVSANA AEW9EP Y9 TiPAJA$DALEtAIAEA 7791>CJ S49 A .DE EY.I' R AWACO ALEJ'ANpER ANOCOVSJALES41PRW {'13'1570 Lau rt+uct ia[xs im»rw[um 450 ALEKANOEP AIM COAEKASDE R ANO OO VS JADES O PFW 4141570 431S AtEXAMERWARKETMJG ALEXANDER IJARKETLVYI VS ST LOLM,4ROWNSV61E A 161EXiW RAILROAD LA 1k7S19N G'd"'^^A'k!""-u-`JI• i" A10"IT AtFEUT ANTIONY ALFEOT VS HENRRY DEAYE'R a3'tE67 716 JP AL All J P ALL Ali VS JEMMON a VIIS43 157 JWOJ ALLAN JDaJ AIIAti VS MLlUaO aAILNAJ iC2 VIf3$ 796 INOIALS AWI THOLIAJ AN VS ESTAQUZ ALAN 412,457 at0f AH ALLEN AHALLEN VS CLUTAWJA CO M RATNE CANAi.CW f'419t4 ■;3110 AH ALLEN AM 40,11)45 A4DAH ALLEN VS a-A"COQKRAThE CANAL CO 1026/914 4575 JPA ALU' JMAL6V9WWfALUST 1241930 4743 ALTA CHAJJJEAS COWANY AL4 aALLIERS OMWANI V'S SOUTHERN ERA*ADEN 6 SUGAR COWAIT f.Z"i919 27" "W AltSON H W AMSON VSIAARSHAOLL W JCNCS El AL 10-1'1914 93 FFATJSOO AMEtJ1ARL' FRANC=ALASNDAR2YSMARAANTONADELASEANAETAL SA:5,110 H17 AL-KAPETTAKEYSICAKETS ALPHARFtTAKM4CAKEYSVSW1.4UROER '47.10.^0 2223 AVERICAry=T,&Dff"OCK GO AAERCAN HOIST 6 DERRK.K CO VS L04 C RRL 10141911 es-.ased EY Ko41a Technologies Cnvoght t 2013-ZOIS Kohl.Teehroklies.all riotiLs raj',.t L BRAZOS COUNTY DISTRICT CLERK PAGE b 19 QUICKLINK®LITE OF INDEX BOOKS Vol. 3 WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES �� Augusl3/,1010—revlsedfebruury 4.201! Kof116� (QL)QuickLink®lite Indexing QuickLink®Lite indexing &image stitching(as applicable). QuickLink®Lite software setup&training. Licensing, maintenance,& support for the first year. Other Included Services: Kofile can store electronic copies off-site as disaster recovery backups. All data is solely the property of the County,and Kofile does not sell or grant unauthorized access to the County's records or data. TXMAS BILLING LINE ITEMS Upon purchase of a TXMAS project, the County reports the STATE OF TEXAS CO-OP MEMBER LISTING FOR BRAZOS COUNTY order on the TxSmartBuy link fitips://coniptroller.texas.gov!auto-data/purihosing(co-op/c0211.php System <www.txsmartbuy.com/>. CO-OP# CO211 Brazos County's CO-OP Listing Contact WM.Charles Wendt;cwendt@brazoscountytx.gov per the Texas Comptroller of Expiration 25-JUN-2021 Public Accounts' (CPA) website: Kofile can prepare a 'Cart' in TxSmartBuy and 'share' it with the County to complete its purchase:see link—https://852252.secure netsuite.com/c 852252/checkout/login ssp2 &n=2&sc=l&cartid=8957137&sender=preserve@kofile.us&datetime=2021 2 4 9 12. For this project, the County is billed using the following TXMAS line items as applicable: PART NO. NIGP DESCRIPTION UNIT PRICE QTY. LINE TOTAL SERIES TOTAL IMGP111 92030 Imaging of Oversized Sheets $1.52/Page 960 51,459.20 510,882.92 IMGP712 92030 Image Stitching $0.11/Page 4,000 S440.00 IND717 92021 QuickLink®Archival Lite Indexing $0.21/Each 8,660 52,338.20 IND718 92021 QuickLink®Setup $6,645.52/Each 1 S6,645.52 IND719 92021 QuickLink®Lite Support&Maintenance 5203.04/Each 48 $9,745.92 59,962.16 IND721 92021 QuickLink®Customization $154.80/Hour 1.3969 S216.24 PROJECT INVENTORY & ITEMIZED PRICING The following details the project inventory and itemized imaging pricing per volume. 9 TIM R A � t RECORD SERIES PAGE TITLE VOLUME DATE COUNT FORMAT NOTES LEVEL-OF SERVICE PRICE QUOTE Index to Civil 1 1800s-1920 500 M./BD folio pages OL Lite/Stitch S190.00 Minutes 2 1920-1954 500 M/LL folio pages OL Lite/Stitch S190.00 3 1960-1972 600 /LL folio pages CIL Lite/Stitch $228.00 4 1972-1987 600 MAL folio pages OL Lite/Stitch 5228.00 5 1987-1992 600 M/LL folio pages OL lite/Stitch S228.00 6 1992-1999 600 MAL folio pages QL LiteiStitch $228.00 7 1999-2000 600 MAL folio pages OL Lite/Stitch 5228.00 BRAZOS COUNTY DISTRICT CLERK PAGE 8 19 QUICKLINK®LITE OF INDEX BOOKS WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES Vol. . Augus131.202 revised fek-wry 4,,2021 V Kofil6q" PROJECT PRICE QUOTE This project is presented via Kofile's TXMAS Contract No. TXMAS-18-3602. Please reference this contract number on the County's resulting Purchase Order. Without a signed Agreement, prices are good for 90 days. Upon approval, pricing remains firm for the contract term. Pricing is based on a Good Faith Estimate of page counts. Billing will occur on actual page counts per agreed upon pricing, not to exceed the P.O. without written authorization from the County. ,19AZOSt VOLU PAGE RECORD SERIES MES DATE RANGE QTY. COUNT NOTES LEVEL OF SERVICE 'PRICE QUOTE Index to Civil Minutes 1-7 1800s-2000 7 vols. 4,000 folio.RequiresSlilrhing Stitch;QL lite 51,520.00 Divorce Index 1-7 1800s-2000 7 vols. 1,500 Vols. I-Sfronl index only OL Lite 5405.00 Index to Criminal Minutes A-D 1874-1999 4 vols. 2,200 QL lite $594.00 Criminal Fee Book 1986-2001 16 vols. 960 fronlindexes only IM/OL Lite $1,718.40 QuickLink RO Setup Fee(One time) $6,645.52 PROJECT TOTAL $10,882.92 QuickLink®Lite Mainiennnce &Support(Years 2-5) 54,962.16 QuickLink@ Lite licensing, maintenance, and support is billed annually starting on the one year anniversary of its go-live and each year after. At Year Five, billing is $2,490.54 per Year subject to an increase of at least 10%. CO CEPT CE 0 Signo/uie%Tile Authorized Coun/y fepresenlolh e Dale These volumes will receive the following services, as appropriate. Kofile can hold a security copy of the images for safe keeping. (IM)Archival Digitization—Image Capture,Processing;& Enhancements • Capture at a minimum of 300 dpi at 256 gray levels, Images accumulate as Group IV hi-tonal images as a standard TIFF or PDF. • Image stitching for documents spanning two pages,as applicable. • Kofile's IMAGE PERFECT application software uses custom image clean up and enhancements such as deskew, despeckle,character repair,and zonal processing. • Page Validation(Automated PG.Numbering for Validation). • Each image is certified and sight-verified during quality control. • County receives one MASTER in a suitable medium(e.g.,thumb drive,hard drive, DVD,(D). BRAZOS COUNTY DISTRICT CLERK( PAGE 719 QUICKLINK®LITE OF INDEX BOOKS VOL WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES U Augusl31,2011—revisedfebruaiy 4 2021 RECORD SERIES 7600M/LL TITLE VOLUME DATE NOTES LEVEL OF SERVICE PRICE QUOTE Divorce Index 6(A-Z) 1965-1989 Cott style OL Lite 5162.00 17(A-Z) 1989-2000 600 M/LL Cott style QL Lite 5162.00 Divorce Minutes 1 60 M/BD front index only QL Lite 516.20 2 60 M/LL front index only OL Lite S16.20 3 60 M/LL front index only QL Lite 516.20 4 60 M/LL front index only QL Lite $16.20 5 60 M/LL front index only QL Lite 516.20 Index to Criminal A(transcribed) 1874-1971 500 M/BD QL Lite 5135.00 Minutes B 1971-1987 500 M/LL 600pgs(500full) QL Lite $135.00 C 1987-1997 600 M/LL QL Lite S162.00 D 1997-1999 600 M/LL QL Lite 5162.00 Criminal Fee Book 1986 60 M'/BD front index only IM/QL Lite 5101.40 1987 60 M/BD front index only IM/QL Lite 5107.40 1988 60 M/BD front index only IM/QL Lite $107.40 1989 60 MAD front index only IM/QL Lite $107.40 1990 60 MIB front index only IM/QL Lite 5107.40 1991 60 M/BD front index only IM/QL Lite $107.40 1992 60 M/BD front index only IM/QL Lite $107.40 1993 60 M/BD front index only IM/QL Lite 5107.40 1994 60 M/BD front index only IM/QL Lite 5107.40 1995 60 M;BD front index only IM/QL lite S107.40 1996 160 M//BD front index only IM/QLLite 5107.40 1997 60 M/BD front index only IM/QLLite 5107.40 1998 60 M/BD front index only IM/QL Lite S107.40 1999 60 M/BD front index only IM/QL Lite $107.40 2000 60 M/BD front index only IM/QL Lite $107.40 2001 160JM/BD I front index only IM/QL Lite 5107.40 Please let us know if you have any questions. Sincerely, Reed Roach Account Executive cec BRAZOS COUNTY DISTRICT CLERK pi GE 919 QUICKLINK®LITE OF INDEX BOOKS WITH ARCHIVAL DIGITIZATION OF CRIMINAL FEE BOOK INDEXES Vol Pg' August 31.2020—re vised february 9,1011 AMENDMENT#1 TO 21-007R PORTABLE TOILET RENTALS THIS AMENDMENT TO 21-007R PORTABLE TOILET RENTALS ("Amendment") is entered into and effective this 11 th day of May 2021 ("Effective Date") by and between Brazos County ("Customer"), and Commercial Texas Waste ("Contractor") each of which may alternatively be referred to herein as a "Party"and collectively as the"Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below) unless otherwise stated herein. RECI 'T'ALS WHEREAS, the Parties entered into that certain original contract # 17-012 ("Agreement") for purposes of Texas Commercial Waste to provide of the service of portable toilet rentals; and WHEREAS,the Parties desire to amend the location sites as set forth in original contract# 17-012. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. The location site at 8403 Old Reliance Road is being removed and two new locations are being added; Chaco Canyon Yard and 21555 Kathy Fleming Road shall be as set forth in amended tabulation for 21-007R for Portable Toile Rentals, a copy of which is attached hereto and incorporated herein. The cost for each will be at$60.00 per month. 2. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. B OS COU TY TEXAS CO MEIRCIAL.WASTE Si nature. Signature t �1 .�'Pekc P6N'It-4 ameName f) 0' GC-,V-A aA)144.f.!� Title Title Date Date Vol. P9•� --�- -- #21-00711 Portable Toilet Rental Previously known as#20-01411, 18-132R and 17-012 October 1, 2020-September 30,2021 Amendment#1 Location Texas Commercial Waste 77', Cost/Month Cost/Year 21303 Kathy Flemming Rd $60.00 $720.00 2807 FM 2038 $60.00 $720.00 10940 South Highway 30 $60.00 $720.00 7250 Raymond Stotzer Pwy(FIV160) $60.00 $720.00 9125 Mumford Rd $60.00 $720.00 1495 Silver Hill Rd $60.00 $720.00 13071 Ferrill Creek Rd $60.00 $720.00 12722 Copperhead Rd $60.00 $720.00 15227 Royder Rd $60.00 $720.00 Chaco Canyon Yard,Indian Lakes $60.00 $720.00 21555 Kathy Fleming Road $60.00 $720.00 2617 Highway 21 West $60.00 $720.00 Total per Year $8,640.00 Location Texas Commercial Waste Cost/Month/PT Cost for extra Portable Toilet Rental(Road and Bridge will $50.00 determine when and where this is needed) Amendment#1/3rd and final renewal: Texas Commercial Waste App ove Commis 'oner's u on this day of 2021 by olding the position of Vol. Pg. ��l i DISPATCH CONSOLE REPLACEMENT SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S.Texas Ave.,Ste.352 Contract No.CIP 21-554 Bryan,Texas 77803 Page 1 of 12 Pages Telephone(979)3614292 ,GENERAL REQUIREMENT FOR CONTRACT I, T;. SIV 6—JAZ^ as a duly authorized representative of ee-C.s Co&Urr.AU% "Contractor"willingly attest to perform(or deliver)as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. PROJECT TBIELINE Project will start upon receiving purchase order and will be completed by August 31,2021. PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B attached. A Contractor or subcontractor who violates this section shall pay Brazos County$60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. LIST OF SUB-CONTRACTORS 1. Paving 2. Concrete 3. Traffic Control 4. Erosion Control 5. Earthwork 6. Demolition 7. Revegetation 8. Other Vol. 3� pg. C� Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS Page 2 of 12 Pages BONDING REQUIREMENTS The Contractor will be required to bond each-project individually.The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be executed by a corporate surety duty authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE.RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. ASSIGNMENT The successful offeror may not assign,sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with-its present provisions and prices. AWARD Brazos County reserves the tight to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas,to waive any formality or irregularity,to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole,any IQs submitted,and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda,and special notices.The Certification of Bid Form must be completed to include full firm name,mailing address, telephone number, email address,Vendor Tax Identification .number.and signed by an authorized representative of the firm. Failure to.provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms,including but not limited to the Reference Page,House Bill 89 &Debarment Verification form, Questionnaires(when applicable),Addenda(including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid.By submitting a response to this solicitation,the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the"Certificate of Interested Parties", Form 1295 as required,pending award,renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information.In the event of a needed change in the specifications sent to the bidder,itis understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge,or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchasehavebeen satisfactorily delivered and accepted. VOI. 33 g Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS Page 3 of 12 Pages QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARMLESS AGREEMENT Contractor,the successful offeror, shall indemnify and hold-Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from' contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage'must be provided to Brazos County upon request. INSPECTIONS &TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when -all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any-and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDTTION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include,but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will lie 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. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery,, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot-be verified by the contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be required to pay for materials actually received and/or services FVo . 3 Pg. Contract No.CIP n-554 BRAZOS COUNTY,TEXAS Page 4 of 12 Pages actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided.by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty(30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's.office. Failure-to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. 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 Infoimnation form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or-typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid 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 furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions,provisions,and specifications provided by the contractor;the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically,the competitive bidding requirements of the County Purchasing Act, Texas Local Government Cade, §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 Attorey- VOI. 33 Pg. Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS• Page 5 of 12 Pages General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are.advised they may have disclosure requirement pursuant to Texas Local Govemment Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members-during the preceding twelve(12)month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas,notwithstanding anything to the contrary. COMPLIANCE NV=LAW The Contractor's work and materials shall comply with all state and federal laws,municipal ordinances, regulations,and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall.perforin and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and tegulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry,then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 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.Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point,shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new,unused of the latest product in production to commercial trade and shall be of V0�. 3� pg. �a Contract No.CIP 21-SS4 BRAZOS COUNTY,TEXAS Page 6 of 12 Pages the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 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 famish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas,showing that the contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of 1000 000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor.Waiver of subrogation is required. (TLC Sec.401.011) (2) Commercial General Liability Insurance with a$ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior qoLoval 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. The Certificate of Insurance famished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LD41TATIONS 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; Vol. pg Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS Page 7 of 12 Pages 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 MMUNITY 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 covenantscontained 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 westing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County,Texas Duane Peters,Brazos County Judge 200 South Texas Avenue,Suite 332 Bryan,Texas 77803 CONTRACTOR: Ti�,cs Ca r•...n..�v�.C.1.�o...s O� 07010% �G• Sales Contract Name: ,,k `„ley Phone Number: 499-400 367iBilling Info: n*g.S cuov,_ L ✓�1 FISCAL FUNDING CLAUSE Vol. 333 pg. ��' Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS . Page 8 of 12 Pages Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. ' AVAILABILI'T'Y 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. The requirements of Subchapter J, Chapter 552, Government Code,'may apply to this 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. 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 Vol. Pg. S ContractNo.'CIP 21-554 BRAZOS COUNTY,TEXAS Page 9 of 12 Pages 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 famished 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. 3 pg. Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS Page 10 of 12 Pages BRAZOS COUNTY SHALL REFUSE TO ENTER INTO A CONTRACT OR OTHER TRANSACTION WITH A PERSON WHO OWES A DEBT TO THE COUNTY PER V.T.C.A LOCAL GOVERNMENT CODE§262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County, b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; C. "Debt shall include delinquent taxes, fines, fees, or.delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non-responsive" and `not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any"person" owned,partially owned,managed, operated or represented by a`persoe indebted to the County. Please list all the names of the individuals that have ownership, officers,managers, and board of directors that you have associated with your entity below. Name Title(Owner;Officer,Director,Manager,Etc.) �w�s e c rw�.•� O w+�r �i�t ` ...� Vol. pg. Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS Page 11 of 12 Pages HOUSE BILL 89&DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate,in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is. in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https-//www.smn.gov. The undersigned affirms the non-debarment statement above, that they are duly authorized execute this contract. The company-representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2270: 1. Does not boycott Israel currently:and 2. Will no boycott Israel during the term of the contract Pursuant to Section 2270.001,Texas Government Code: 1. `Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize,.inflict.economic harm on,.or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action.made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company,including a wholly owned subsidiary,majority-owned subsidiary,parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: f teras �a�►►� • - a�-��s �^+ '�he - Authorized Company Representative: Address: Signature: Date: Contract M C Contract No.CIP 21-554 BRAZOS COUNTY,TEXAS Page 12 of 12 Pages CERTIFICATION OF BID The undersigned fiuther affirms the•non-debarment statement- above, that they are duly authorized execute this contract,that this bid has not been prepared in collusion with any other vendor,and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: t"� `` +�— Title: Typed Name: Company Name: a�'8�,.v,phone Number: 4'17Cj -'2C- 6?3 y' ;&e. Email Address: • ��e��.�n •� s c .+� MailingAddress: 13F5 A) 4&rve✓ 77803 P.O.Box or S eet Cify I State Zip Employer Identification Number: 74 - A S 5 N oved Co 51 ers' Court on this day of 2021 by ding the position of VOI. Pg• AV UPGRADE FOR 361sT AND 272ND DISTRICT COURTS SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S.Texas Ave.,Ste.352 Contract No.CIP 21-612 Bryan,Texas 77803 Page 1 of 13 Pages Telephone (979)361-4294 GENERAL REQUIREMENT FOR CONTRACT ITim R h o m e as a duly authorized representative of Avi n ext "Contractor"willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. PROJECT TIMELINE Project will start upon receiving purchase order and will be completed by September 20; 2021. PROJECTS TO BE COMPLETED BY CONTRACTOR AV Upgrade -361 `District Court Exhibit Al $159,801.84 AV Upgrade—272nd District Court Exhibit A2 $136,811.07 Bonds for each project $5,450.00 TOTAL: $302,062.91 PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The-wage rates to be used are included in Exhibit B. attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. LIST OF SUB-CONTRACTORS 1. Paving 2. Concrete 3. Traffic Control 4. Erosion Control 5. Earthwork 6. Demolition Vol. S M) pg, 10� Contract No.CIP 21-612 BRAZOS COUNTY,TEXAS Page 2 of 13 Pages 8. Other BONDING REQUIREMENTS The Contractor will be required to bond each project individually..The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award.this contract on.the basis of LOWEST AND.BEST OFFER in accordance with the laws of the State of Texas,to waive any formality or irregularity,to make awards to more than one offeror,to reject any or all bids. The County reserves the right to accept or reject in part or-in whole,any IQs submitted, and to waive.any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name,-mailing address,telephone number, email address,Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill. 89 & Debarment Verification form, Questionnaires (when.applicable), Addenda(including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the"Certificate of Interested Parties",Form 1295 as required,pending award,renewal,amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoingterms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on. Brazos County or the offerors. Department. heads are NOT authorized to sign contracts for Brazos Vol. Pg. 10 Contract No.CIP 21-612 BRAZOS COUNTY,TEXAS Page 3 of 13 Pages County. Binding contracts shall remain in effect until all products. and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARMLESS AGREEMENT Contractor,the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the .subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. 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. INSPECTIONS&TESTING Acceptance of merchandise, work, and/or.equipment provided shall be made by Brazos County at the, sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the.goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities.and acquisition or construction of new properties. In the .event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in,this section may be followed in determining an appropriate price. In the event Brazos County wishes to.add other locations to a group under the contract, a quotation.will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. 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 IMF contract Tiat -applies to suations 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(3 0)days in advance. VOL Pg. I 0 oZ Contract No.CIP 21-612 BRAZOS COUNTY,TEXAS .Page 4 of 13 Pages INVOICES&PAYMENTS Payments to contractors will not be made if the contractor. cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice,which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. Brazos County will only be required to pay for materials actually.received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts.providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all'payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This.information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. 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 final 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 honoredduring.the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid 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 furnished upon written request to Brazos County Purchasing Agent. V.. 2 Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County pet V.T.C.A Local Government Code.§262.0276. Vol. 3 Pg. 103 Contract No.CIP 21-612 MAZOS COUNTY,TEXAS Page 5 of 13 Pages a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent. low bidder or successful proposer that is indebted to the County; b. "Person"includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court,the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any"debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid.or.proposal from the person with the debt shall be considered "non- responsive"and"not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated .or represented by'a"person"indebted to the County. 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 terms, 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 AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding. requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror.is further advised that these requirements shall be fully :governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Atforney concerning and portion of these requirements. Potential vendors are advised they may have.disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's-family members during the preceding twelve(12)month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject o 1exas . tate an Federal pu is 'information statutes. Venue shall .he exclusively in Brazos County, Texas,notwithstanding any. to the contrary. V0 I. S 55 Pg.--I 04 Contract No.C1P 2t-612 BRAZOS COUNTY,TEXAS Page 6 of 13 Pages COMPLIANCE WITH LAW The Contractor's work and materials.shall comply with all state and federal laws, municipal ordinances, regulations,and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perforin and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and.regulations of the.State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event .any of the conditions of the specifications violate the code for any industry,then such code conditions.shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 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.Requests to withdraw a submitted bid or proposal are.subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall. be. held invalid, such holding shall not affect the remaining portions of these- requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as.though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the'apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications.shall be made on the-basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial.trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in.design and construction of such items and shall be an established supplier of the item bid. 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 MI services require a to Brazos ouiity s. satis action a or to meet all other obligations,and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. VOI. pg. 05 Contract No.CIP 21-612 BRAZOS COUNTY,TEXAS Page 7 of 13 Pages POLICY.REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County,.must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA. (such companies to.be acceptable to Brazos County) licensed to write insurance in the state of Texas,showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $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. Waiver of subrogation is required. (TLC Sec.401.011) (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 prior approval 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 coririection with,the contract,whether owned,non-owned or.hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. MMATIONS 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 e ui ment. 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 V01. 33 Pg. Contract No.CIP 21-612 BRAZOS COUNTY,TEXAS Page 8 of 13 Pages 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: BRAZOSCOUNTY: Brazos County,Texas Duane Peters,Brazos County Judge .200 South Texas Avenue,Suite 332 Bryan,.Texas 77803 CONTRACTOR: Sales Contract Name: Phone Number: Billing Info: 979-846-9727 Krystal Bona Jonathan Reed 1400 University Drive,East College Station,TX 77840 Tim Rhome 979-846-9727 FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of ariy term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or. condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral This contract may only be.amended by written instrument approved and executed by the parties. v®i. Pg. l Contract No.CIP 21-612 BRAZOS COUNTY,TEXAS Page 9 of 13 Pages 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 (includiing,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. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this 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 altefed or deleted, as required by Sec. 552.372(b) of the'Texas Government Code. 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, eiToneous 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 ofless 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 beheld 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 she 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. �g°-�- Contract No.CIP 21-612 BRAZOS COUNTY,TEXAS Page 10 of 13 Pages. Brazos County shall refuse to.enter into a contract or other transaction with a person who owes.a debt to the County per V.T.C.A Local Government Code§262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation,. nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court,.the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt'' as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non-responsive" and "not responsible". eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed,operated or represented by a"person"indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors:that you have associated with your entity below. Name Title(Owner,Officer,Director,Manager,Etc.) Robert Orzabal Pres/CEO Richard Atwood VP/CFO John Crockett COO Sean Poole Business Systems Programmer Vol. 33 pg.�Q -:C6kr;tct N6.CIP21"61-2 BRAZOS COUNTY,TEXAS :Page.11 of ts.pages HOUSE BILL 09 & DEBARMENT VERFICATION Brazos County is federally mandated .to. adhere tp the directiorWprovided..in the Presidertt'g Executive Older (EQ) 13224, Executive Order on "Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten: to Commit, or Support Terrorism, -effective 9/24/2001 and any subsequent.changes made t'o it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPI LIS,https://www.sam.gov), which.is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and fts-principals are_ eligible to participate 'in this transaction and have not 'been subjected to-suspension, debarment or similar,ineligibility determined b any federal,state or lo'cal,goVernmental entity thatResponde -is ligibili by:any nt in compliance:with the State of Texas statutes and ruleg.xelating.to prdcurem ' ent-and that Respondent is not listed on. the federal government's terrorism watch list as descn'bed in Executive Order. 13224: Entities ineligible for federal procurement are listed at httDs://www.'sam.gov. The undersigned affirms the noriAebarmefti statement above; that they are duly authorized execute:this contract. 'The company-representative below-further affirms,that the 'company submitting this proposal,,under the. provisions ons of Subtitle F,Title 1%Government Qvornmpnt,Code Chapter 2270: 1. Does not boycott Israel currently: and I Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001,Texas Government-Code: 1. "Boycott Israel" means refusing to deal with,'terminating business•activities with., or otherwise taking any action that is intended to penalize, 'inflict economic harmon, or limit commercial relations specifically-with Israel,.or with a person or entity doing business in .Israel or in an Israeli-controlled-controlled territory,but idoes,not include an action made or Ordinary mc business purposes;and 2. ""Company" means a for-proAt 'sole proprietorship, organization, association, -corporation, partnership, joint venture, limited 'partnership, limited liability partnership, or any limited liability company,including a-wholly owned subsidiary", majority-owned subsidiary, parent company or affiliate -o.fthose entities-orbusiness associations that exist.to make aprofit: Avin6xt .r,o . rapany Name: TimRh orne Authorized Company Representative, 1400 University Drive,East,College Station,.TX 77840 Address; Signaturar., CIP 21-612 el _n Dee., Contract 9: V01. Pg.ILL- Contract No.'CW21-612 BRAZOS'CO'UNTY,TEXAS Page.12 of 13 Pages. CERTIFICATION OF BID The- undersigned further affirms the non-debarment statement, above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion With a ,.:any other vendor, the contents.of this bid have not been comm 'Icated to any other vendor prior to the official opening of this bid. 'General Manager Signed By: . Tim R�ome- Typed Name:' Avinext 91-0-846-9727 Company Name: Phone Dumber: -rhome@avinex.t,.com Email Address: .1400 University Drive;East,College.Station,TX-11940 Mailing Address: P.O.'Box or Street city State Zip 74-2511528 Employer Identification Number: ppr ed 0 .ppr day of 2021 by .ppr by mmissi e 's"Court on this ing,the p n of Vol. 333- Pg.-ILL- AGREEMENT FOR REPLACEMENT OF VARIOUS ROOFS - PHASE I RFP # CIP 21 -617 BRAZOS COUNTY, TEXAS Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 1 Vol. �3� 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—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page Z Vol. AGREEMENT FOR CONSTRUCTION-OF BRAZOS COUNTY ROOFS This Agreement for the construction of the REPLACEMENT OF VARIOUS ROOFS — PHASE 1, Brazos County, Texas, in the amount of THREE HUNDRED EIGHTY NINE THOUSAND, SIX HUNDRED THIRTY FIVE, AND ZERO CENTS ($ 389.635.00) is entered into this 11 day of May 2021 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan,Texas 77803, and LESSMAN ROOFING AND SHEETMETAL,LLC., (hereinafter referred to as "Contractor"). REPLACEMENT OF VARIOUS ROOFS — PHASE I is hereinafter referred to as the "Project." The Engineer for the Project is the firm of 4T PARTNERSHIP, LLC 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 21-617 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—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 3 Vol. X33 Pa.��` _ 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 REPLACEMENT OF VARIOUS ROOFS — PHASE I 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 replacement of roofs for the Brazos County Health District building and the Brazos County Information Technology building. 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. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 4 Vol. 33 Pa. 1l� .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .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 cost's 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 Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 5 1iel "0,-,_�- ) M_ I l an the Agreement. .18 AgreementlContract: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—Replacement of Various Roofs—Phase I-RFP CII'21-617 Page 6 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or 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. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 7 Vol. �3'� Pa. 11� 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 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. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 8 Vol. 33 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 famish 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—Replacement of Various Roofs—Phase I-RFP CII'21-617 Page 9 Vol. `1._J�1_/3 Pa. I a0 ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the Owner's authorized representative. The Owner's representative is Gary Arnold,Capital Project Manager, or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF.THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the'site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7, which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction. 2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt'from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Agreement for Construction—Replacement of Various Roofs—Phase i-RFP CIP 21-617 Page 10 p , 333 P - Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive 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—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 11 OL ale. 3-3a,-- Pg. -,— 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. 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, Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 12 Fvo,-__-33_3__ Pa. IJ3 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 Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the 'Contractor shall review, substantiate, and comply with current industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible_ for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Layout/grades will be per plans. Agreement for Construction—Replacement of Various Roofs—Phase I'-RFP CIP 21-617 Page 13 Vol. 3-E? Pg. 19,1+ 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—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 14 v®1. 33 pg. a� 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. 3.6.4 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—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 15 v®I. 3� Pg. a(,,-o 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 discounts; Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 16 voi. 333. Pg. 121 .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 $50,000.00 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 8M. 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 Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 17 v®o. 3.3 Pg. a 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 Contract Documents and approved by the Contractor may be returned by the Engineer without action. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 18 Vol. 33 pq. 21 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 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. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 19 Vol. 'D-"7) Pa. 1r�O The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10,the Engineerwill review, approve ortake 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. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof shall be charged to the Contractor. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 20 Vol. -) Pg. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF),INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH: (A)A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BY THE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS, NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE INDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH. (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES;(2)MEANS, METHODS, PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK, AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION Agreement for Construction—Replacement of Various Roofs—Phase I;RFP CIP 2I-617 Page 21 Vol.- J Pa.1'�9 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, Engineer, and all local, State and Federal authorities having jurisdiction. All access Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 22 Vol. 33 Pq, �3 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 35: Contractor attains Substantial Completion Day 45: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term"Engineer"means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives,' such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not be unreasonably withheld. 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 23 Vol. �j3"� _ Pq. �3�' the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for,the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule.The Engineerwill not have control over or charge of and wily not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority Agreement for Constriction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 24 X-1^1 ��� Pn 1�h 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, 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 Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CEP 21-617 Page 25 vol. 33 Pg. 136-7, time limits agreed upon or otherwise with reasonable promptness. if no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES -4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other.disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non-critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or(2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 26 vol. 3 Pp, 3-I additional Claim made after the initial Claim has been implemented by-Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub-paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. .The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In Agreement for Construction—R TLaMment of Various Roofs—Phase I-RFP CIP 21-617 Page 27 V0 I. 3 Pg. 1 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. Furtheirmore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. Agreement for Construction—Replacerni at of Various Roofs—Phase I-RFP CIP 21-617 Page 28 Vol. '� Pg. �3 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 is a surety and there appears to be a possibility of a Contractor's default, the Engineer Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 29 Vol. 3 Pg. `�c� 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—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 30 Vol. P a_ 1`�� 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, 'the Contractor shall require each Subcontractor to enter into similar agreements with Sub—subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written.request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub—subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub-subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5..4.1 Each subcontract agreement for a portion of .the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 5.4.3 Contractor will provide copies of its subcontracts, agreements and current Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-611 Page 31 voi. 333 Pg. 142 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 Projector other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a. joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 32 VOI, 3 Pg. 1,43 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 prope(ty 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 Constriction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 33 voi. Pg. IL44 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. 7.3.6 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; Agreement for Construction—Replacement of Various Roofs—P - Page 34 Vol. P9. H5 .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .6 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 forty five (45) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. Agreement for Construction—Repl Page 35 Vol. . Pg. H6 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 2 Ilu Page 36 i/01. Pgo � 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 frpm Owner or Engineer. Agreement for Construction—Replacem Page 37 Vol. 3 � Pg. Irk 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 HUNDRED EIGHTY NINE THOUSAND, SIX HUNDRED THIRTY FIVE, AND ZERO CENTS ($ 389,635.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment Agreement for Construction—ReplacI-617 Page 38 F==�g . � or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for.which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of'a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, Agreement for Constriction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 39 IV61- 3 33Pa. T50 the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2. third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub-contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to 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 Agreement for Construction—Replace — Page 40 Vol. Pg. 151 Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment; a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days'written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Agreement for Construction—Replacem 7 Page 41 Vol. --�3 pg, l 1�1 Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to-the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Agreement for Construction—Replacerr Page 42 Vol. 9 P9 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed,that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner maybe compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 43 1/0I. Ian_ 14�-1' certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has been issued by Engineer. 9.10AThe 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. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 44 VOl. Pg. 6 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. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer, and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property. having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property,, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims, and defense of all actions against Owner and Engineer resulting from performance of such Work in Agreement for Construction—Replacement c F Ym icas Page 45 Vol. 3 Pg. 151v 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 each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding, staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials;Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify Owner's and'Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing,with a copy to the Engineer. Agreement for Construction—Replacement Page 46 10.3.1.1 The term "hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up. 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4 The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 in an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 47 von. 333 Pg-la— Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property.damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 ' CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly, employed by any of them, or by anyone for whose acts any of them may be liable. .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages-because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for 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. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CM 21 Page 48 vol. Pg. L50) (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non-owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability:$ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises- Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five 5 year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 49 VOL Pg.l c7 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) ,Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non-owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the insurance certificate in accordance with the above requirements naming Owner as additional insured. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 50 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self-insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub- subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub- subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owners property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 51 Vol. (_09 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10) days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond"and a " Payment Bond,"each in a penal sum equal to 100% of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require 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 Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event Agreement for Construction—Replaceme[,gl Various Roofs—Phase I-RFP CIP 21-617 Page 52 the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1)year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one (1)year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one (1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 53 VOI. 3 Pg. the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County,Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information-statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 54 Voi. 333 Pg. 5 agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered-or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if-any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's Agreement for Construction—Replacerr gnt gf Various Roofs—Phase I-RFP CIP 21-617 Page 55 Vol. 333 Pg. C� expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.5.5 If the Engineer, Owner or Project inspector(if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 56 v®o. 333 Pg. X0`1 employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 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 Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 57 I Vol. 33-5 Pg. I UX Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .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: Agreement for Constriction—ReplacemeFvoo7:.-u--. s Roofs—Phase I-RFP CIP 21-617 Page 58 Pg.��----- .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .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, Agreement for Construction—Replacement of Various Roofs—Phase I-RFP CIP 21-617 Page 59 Vol 333 Pg. --10 jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258, Texas Government Code, Title 10, requires state agencies, cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. Agreement for Construction—Ra ilooment of Various Roofs—Phase I-RFP CIP 21-617 Page 60 Vol. 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 11 2025meeting. This Agreement is entered into in as cif 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: Braz County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: LESSMAN ROOFING AND SHEETMETAL LLC i Date: 2 Lessman Roofing and Sheetmetal LLC Austin Miller, General Manager l� Agreement for Construction—Replacement of Various Roofs—Phase i-RPP CIP 21-617 Page 61 Vol. 3 Pg. l"1a •� �P� � �X43•`+ J M G O O O to N N 3 yr C O N W O N Jx•P` � A_�N 'T� ' d o Ln 0; V-1 V4 O " ° h � mM" 0: A Q = C # O M n n LL 0 0 x N W LU �- uj ft p C O di 0 L X-4N N T-1 N C p t10 C CC a IL _ CN O C r d N C W. N NCL c QI N 4H m y y E o m c ami mtr v m (D o t! a 'n H v N w E ono o per' � 4 E S y u u=' a uf0i E O u 'r •R C n a ss ° M (° n a .e06i E O 49 E a0 N N M et In voi. 3 33 Pg. ��13 Brazos U® ty Purchasing Department 200 SOUTH TEXAS AVE, Sung 352 BRYAN,TX 77803 PIIONE(979)36I-4290 RAX(979)361-4293 April 19,2021 Gendron&Thibodeaux Phone:979-775-9500 318 N, Bryan Ave, Email: gendron@suddenlirnk.com Bryan,TX 77805 Re. Renewal of Contract for Legal Represeumlion of Indigent Jrn"enlles-#22-0038 Brazos County appreciates the duality work and services your company has provided and would like to exercise the renewal option for contract#22-003R Legal Representation of Indigent Juveniles, previously known as#21-001 R and 20-001. All teams,conditions,and pricing shall remain the same. This renewal term will be for one year from October 1,2021 through September 30,2022. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Imnness@Dbrazoscountytx.gov or to the address above, along with an updated copy of insurance(COI). Please retaim acceptance as soon as possible. If you have any questions, l may be reached at(979)361-4284. Contact Name: Pelf r C-t'e Vq'r-d— Title: Co ' U`'y°"e./— E-Mail: Ge—r-d r-v S t�`�tGt ���-f Telephone: r Z SCJU GENDRON&THIBODEAUX -d,- f Pa r c n ran Date Lane Thi odcaux Date BR Z03 OUNTY I Duane Peters,County Judge Date Vol. Pg. �' Patrick K. Gendron Attorney(it Lnzo 318 N. Bryan Ave. P.O. Box 6561 Bryan,Texas 77805- Phone: 7805Phone: (979) 775-9500 Pax-..(979)775-0026 gendron©saddenliuikmail.com March 3 02 2021 Brazos County Purchasing Department Lani L, Maness 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 RE: Letter of Intent to Renew Indigent Juvenile Defense Contract Dear Ms. Maness: We look forward to continuing our working relationship with Brazos County on behalf of our indigent clients. We are willing to continue to represent indigent juveniles in-fiscal year 2022. Please accept this letter as notice of our intent to renew the contract to- represent indigent juveniles who are criminally accused in Brazos County-at the same cost as previously contracted and agreed to. If you have any questions, please feel flee to call us at 0 . Sincerely, ' Patrick K. Gendron Lane Thibodeaux Vol. 33 pg..�.�.� 0 M AMENDMENT NO. 1 TO AGREEMENT 21-001 LEGAL REPRESENTATION OF ELIGIBLE INDIGENT JUVENILE DEFENSE THIS AMENDMENT TO AGREEMENT 21-001 LEGAL REPRESENTATION OF ELIGIBLE INDIGIENT JUVENILE DEFENSE ("Amendment") is entered into and effective this 17th day of November 2020 ("Effective Date") by and between Brazos County ("Customer"), and Gendron & Thibodeaux ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below)unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 20-001 ("Agreement") for purposes of Gendron & Thibodeaux to provide of the service of Legal Representation of Eligible Indigent Juvenile Defense; and WHEREAS, the Parties desire to amend Section VIII—Investigators and Experts/ Expenses as set forth in original Agreement#20-001. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Section VIII. INVESTIGATORS AND EXPERTS / EXPENSES currently reads: Pursuant to Request No. 20-001, the Contractors will be solely responsible for all routine expenses associated with the representation of indigent juveniles to which appointed. There shall be no additional compensation or reimbursement due on any case without the express, written approval of the Juvenile Court having jurisdiction over the case. Section VIII. INVESTIGATORS AND EXPERTS / EXPENSES shall now read: Consistent with Article 26.05(d) of the Code of Criminal Procedure, Contractors may receive reimbursement for investigative or expert witness expenses (with or without prior approval) if the expenses are both reasonably necessary and reasonably incurred. Whenever possible prior approval should be sought as expenses that are either unreasonable or unnecessary will not be reimbursed. 2. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts,all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. Vole 3 Pg. ��1� Brazos County en By; Date: 1� 1J et � Duane Peters,County udge Attest: Date: Contra r r B �1/ G �vV�('��-- Date: Contractor By: �1.+ Date: 1� Y1i� zo i V®lo * . �* Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803 PHONE(979)3614290 FAX(979)3614293 March 28,2021 Family Eldercare 1700 Rutherford Lane Austin,TX 78754 Re: Renewal of Contract#22-004R for Third Party Guardianship Services for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Third Party Guardianship Services for Brazos County 22-004R,previously known as 20-130R and 19-133. All terms,conditions,and pricing shall remain the same. This renewal term will be for one year from September 1,2021 to August,2022. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to sdubec@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)361-4294. Contact Name: Kent Herring Title:Chief Executive Officer E-Mail:kherring@familyeldercare.org Telephone:512=628-0421 F V �ercare 05.04.2021 Authorized'Signature Date B COUN Duane Peters,County Judge Date V01. `33 Pg• `� RFP#22-00411 Third Party Guardian Services Previously known as RFP#19-133 and 20-13OR September 1,2021-August 31,2022 Max Points Available Y `Eldercare 1 $80,000 00' Total Cost x r` Points for Cost 30 ;^;;a30 OO,,, F-:� 2 References 20 20 3 Personnel Qualifications 20 4 Experience of Firms Personnel 15al ,..y. 5 Organization of Proposal i5 15„ ..i..:` Technical Proposal Total 100 Committee Recommend ward: Family Eldercare roved b ommis 'oner's Court thday of .2021 by holding the position of''0VY U 5/6!2021 Item Coversheet Ty 0E.94 BRAZOS COUNTY BRYANJEXAS DEPARTMENT: CC2021 Final Plat Treasure Hills Road and Bridge NUMBER: Bik 1 Lot 12R1-12R3-Replat of Lot 12 DATE OF COURT MEETING: 5/11/2021 ITEM: Approval of the Final Plat of Treasure Hills Block One, Lots 12R1 through 12R3 being a Replat of Treasure Hills Block One,Lot 12;Volume 4929, Page 127;6.831 Acres, Maria Kegans League,A-28&Augustus Williams League,A-58;Bryan ETJ, Brazos County, Texas.A request for variance(see attachment)to omit the 10 ft.PUE requirement along the new side lot lines accompanies this replat. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 05/04/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 REQUIREMENTS: Variance pertains to Brazos County Subdivision Regulations,Article 7.13.3.a. NOTES/EXCEPTIONS: Owner/Developer: JCL Properties(c/o Craig Lewis) Engineer/Surveyor: RME Consulting Engineers/Kerr Surveying, LLC ATTACHMENTS: File Name Description Type Lot 12 Replat-PUE Variance Request.pdf PUE Variance Request Letter Backup Material Lot 12 Replat-Brazos County App pdf Application for Development Backup Material Lot 12-Treasure Hills-Replat.pdf Plat Backup Material APPR0 uane Peters Date County Judge Vol. Pg. l __ P.O.Box 9253 College Station,TX 77842 Off/Fax: (979)764-0704 7K email:civil@rmengineer.com t April 29,2021 Prarthana Banedi,PE, CFM County Engineer Brazos County Road &Bridge 2617 Highway 21 West Bryan, TX 77803 PBanerji@brazoscountytx.gov RE: Treasure Hill—Lot 12—Bryan,TX Easement Variance Request RME No. 157-0730 Prarthana Banedi: Per Article 13 of the Subdivision Regulations the Owner/Developer of the property referenced above is requesting not to dedicate the 10' PUEs along the new side lot lines as illustrated on the proposed replat of Tressure Hills, Lot 12. The granting of this variance request will not create an adverse impact to the public interest for the following reasons: • This property currently is platted with a 20' PUE around the existing lot boundary (front and rear lot lines). • The property is currently developed with the appropriate public utilities installed. No new infrastructure improvements will be required with this replat. • Dedication of additional PUEs all the new side lot lines will not be necessary, for the proposed lots, and will negatively encumber the properties. • Existing structures, that are separated by proposed side lot lines, are built so that they have at least 40' of horizontal separation. If you require any additional information or have any questions,please call. Sincerely, Rabon A. Metca ,P.E.No. 583 Texas Firm Regi tration No. F-4695 rabon@rmengineer.com CD1-157-0730-L02Page 1 of 1 Vol. X333 pg. I� Brazos.Cod6ty-Road&Bridge Office :261,7 SH,II West ,. '. .. :Btyarr,TX 77$03. fi41sohone•(979).822 2127,- FaX {97 -775 0456 G "°•. ,1" Email plats[a�brazoscountyitXgoV tr, of�R h�LAT.APPLit,A' ION -•P • - + • AEPUCATION,bATE';. R `- ESUBMITTAL; •❑ YES � N0 PROJECY. SUBDIVISION.NAME;: ' `T✓•CF..� u' . lL. PROJECT ADDRESS OR.LOCATION 1 LEGAL DESORIPT101 LO't IF RESUBMITTAL,.PRO,IECT;FORMERLY`K A& NUMBER OF�Vrs 3 TOTAL ACREAGE JURISDICTION.- .❑ CITY LIMITS Tj ETa ❑ OUT:SIDE�ALL.CITY-LIMITS.ANO ETJs NofificatiorrofAppIicationcompfetenessw111be:gtyenimithin10daysofApplicationdate.:AilJncompleteA. .. tionswirillberejected.: �This:Apphcattdn shall exp1te'" ', (3)'y'eais frani the Appilcatton date.of the-proJeiit.. E]'MASTER PLAN ❑ SIMPLIFIED'PIAT. ❑.FRELIMLNARYPLAN ❑ FWAL.P,LAT ❑ 'AMENDING PLAT' -11,-RE LAT .❑ MANUFACTURED:HOME- ❑ RE51DEtJTIAL. - 11 CaMMERCIAL RENTAL COMMUNITY ❑ OTHER(Please elipiatn): m• D' + iS ANY OF THE.PROPERTY LOCATED IN A FLOODRLAIN`aR FLOOD HAZARD AREA? ;NO AckRowledgmenE The flood hazard boundary maps and other flood.dada used by:Braz69 Cqunty In evaluating flpod.hazardsl proposed*'* Developments are:;considered reasonable and accurate::for-regulaiory-purposesand'are based on rilebestayailable-scientlfic' d engineering data: _Qn rare occasions:greater,tloods oan.apd will occurand flood heights"may be Increased�by man made orrratural;catises Issuance'of a Floodplar . P�m...in accaidance.wltfi.the Brazos Cogrity Flood Demage?Wwntion 0rdinance does not;lmply that.pevelopmentAulsfde-.the areas of special flood hazard;wlU he free fram;dogding or flood damage;Issuance.of a•Rerrnit shall not:create ItabTity on'thepatt of.Brazos Coulity:or:any_officer ot• :employee of Brazgs.County in tl e'eve4flooding�,rA d damage;does occur = fill• • + WILLANY.CONSTRUCTION'.00CUR'INUDOTRIGHT=OF-WAYS? ❑>YES... �.:NO; aIT • . '.COUNT!ENGINEER R (P ). ( 9 .;:: " ... P::. tybc:gcv) 0• D08E df`fite. )l AutoCAD Aw"file Email Tor lets@I3razosc:oun 911 ADDRESSING ❑ AbOf (.p '_lej. ❑l AutoCAD.(..dwg fflej (Email To;g_I§g6nizosc6untVix:40v) Brazos County 5ufidivision'Reg J: ons _ Page77 .Vol. . 3 -CONTA& mFORMATION '3 S.- >". .4: gi x ;-s F -.a E r`y `r •Gy"Kr c?`L..,.a t z.Yui .,� k I T' Y?'✓'� iAPPLlCAN7;11dFOmMi RMAT .rt: ION r'�a` �s s `,1 ..,,..Y _ FIRM:NA�hE: -� a-• vL'TriJ . �.'o.FC.riossCrr:�!e;. . CONTACT: -gqe '• AWFOSt CITY: C r�t�iG-rfi J'/#?Ylioa.�: STATE: 7]^ ZIP: PHpNE: 79^ Z� -0-7 !'` FAX: EMAIL: �� )f I J� ' .�C_•. e -- d � s - 's 4 a s'^.,y � .r.•c #};, � —.,�>F. •c } t s y_a -'€ � tel - e � }«��- -G -;�,: FIRN(:NANIE: JG•!.. Pr���,c-��r•��� _ . CIT`f: p �, � I STATE: PHONE: .l��t^ _ICP^//B2`f S FAX: EMAIL: PA ENGINEER+INFOFMAT(OI� tv � �t rx, y t int .,FIRM.NAME:- r .65 LI CONTACT.;. ADDRESS: CITY: STATE: ZIP; 'RHONE: FAX. �SURV6YORiNfiARMATIQN � ,2z FIRM:NAME: ,r ,�. �L:11 �J'1�ICrr ..Lt.:-c CONTACT: 0-A-0 KEe_ - : :ADDRESS:: 09. :-pu- 01trio j Ave— i CITYc :STATE: K ZIP: .2Sa:3 `•PHONE: =.G179:^.;2��_'jj'.95. .. FAX: .. . EMAIL; OTJ-IER:f FaRNiA?IOIV ,; ��s•�' f � saM�} ,�v""-��5, ;µa�� �s '���.i t �,z k,,. +.'� � �,. '�". i t FIRM-NAME., CONTACT: ADDRESS: _CITY. -STATE: ZIP: PHONE. FAX: EMAIL: Brazos:CountV,5ubtlivision Regulations Page 78' Vole . 3 fig. 4 By my signafiite I heteby affirm ttiati Okthepropeity Owner of record,or.ifahe Applicant is,an,organiiatl'on or::dus'iness entity,that autharization has been granted fa represent the.b er,o�ganlzation ar qusiness in this Appllcadan I certify'that the precedlrig'infdrrimafton ts.grppiete.and accurate.and ft i nderstoo.that t roe. a DayelopinentlSubtllvislon of this property: 51GNATURE PR1N1 ED NAME r DATE: l'/! -I fUtii,S n - ,« ly e SIGNATURE: PRINTED NAME:: DATE: 81 signing iiiisform,.fhe 1+rmer of the properiyauthor( es Brazos CoUn "to be in: roceedin s.in accordance wit I the :ocess for fhis a of A licatiori tY g P 9 Pr. ryP PP 'indicated on page ane of thiel-Appfl attori'The,Owner ur1K&r advnowtedges that subirussion of an AppGcaton does not in'arijr xray obligate the:Countyto approve fhe Appllca6on,and that although County staff may matte certain recornmendapons'regardirig_this Application,f d Commissioner`s,, urt;may not follow that:Yecommer>dalion and may make a final decrsion.that daes not canfoenta•tlie staffs reoommendatidn. • • 0 • :M�SSTER PIAN: No charge SIMPLIFIED PLAT: PRELIMIt*RY-PLAN: '150+.$$•per lot E[PVAL PLAT: $150-+.$1Qper lot AMENDING PLAT: $1.00 REPEAT;• :$15Q DATE APPIJCATION RECEIVED:, / / DATE APPLICATION RECEIVED 1 REJECTED:: f .1SIGNATURE SIGNATURE:. Receipt oYthfs Appl(cation by BribcS 0ounty•does•not provide boMrm"ation dr acceptahce•of a complete':AppltcaUon, nor.d'a"es it•mtive 'regufremehis rot any iddiQo'nal infdrtnation not contalried,as part of this Application which niay:also be needed'as a-patt of the'rev'iew process. Application Chef ck Litt: Copies of finished plat with corrections-(if any): K Three(3) bard copie's to-Brazos County Q� -One(1.) .pdf copy, to Brazos County 7,9. -One(1).dwg:copy to:Brazos:County O One(1) hard copy16 Brazos County Health District ! ❑ One(1)NO copyto Brazos County 911 rt �G ❑ One(1) hard copy to.Iocal.WMer District or Company i'Z.N1a►.a i Com- Letters of approval (to 4e sent by the approving institution.dir6btly to Brazos County. Engineer ❑ Letter from Brazos County Health District-For On-site sewage evaltaation. !7 :Letter fro.m.Brazos County 911.- For.Road names. Ej "Letter froi n Water Disfi ict or Company.-Stating water availability, etc. If pt°operty is,witiiin an EgOtOfrlwal Jurisdiction (ETJ)of a City:• I] Approval nofification-Irom appropriate City. PFLo t�.r C�- Applicant attests:thatthey�have-signed•this.Appiication in the capacity designated,if"any;arid further atfest's that they have read:document and the 'statement coritained herein and any attached ace' true and factual. All. Applicants are encouraged'to:review.the County Regulations prior to.any plat submiftal. It is.understood that-this Application is not�.finished or.dated until all documents listed above.are filed at-the Brazos.County.Engineering Office-and all'-applicabie.btariks are filled in tWAppllbai t. in:above. Brazos-Coaiity.SubdiVision Regulations :Page 79 vol. _333 p 2 1 v II e s \ J V7 < \L \ + m - i o� � c 1 s \t b 1 I \ \L \ \ \'� HIM I VI q , I 81 I , ` I `d I to 41 _0-1 0131 e ' \ � I ! � 5 —• \ \1 i I \ , ffi1 JQ13n 101 am+as+ Dal a13n 1m z; 1 I s"mob �'s 75 \�\ n I I I I \ 111111 i`e 11 11i �I I r � le HOW -- mtt= �dH®ei� us, I , _ $ Oma 16 rn Iti¢ ¢Neig wos a I `� ��1 [gym � � ���'•'�"6 c I \ 1 , r\ I I � \ 5t \\ Oka A I lag I \ I \ 1 Eq \ I V `dn �n�• r r \ I R \ v I pp \ I � I 1 , o ' Nil � ! pp I III pi Els!p11 pill X.II ill 11111 s l' I:JcI 4� P q„ � q $ 61 x' SSC + a,gg g � 1111;X2141RN tgzf 1 121 go X. HIS 11111 n AZ_ � Zg Ism x IN Big Al � qq q - qq $ � IMIM3 a � _ 5 m 91 Ail I Lamm a 1 Eiji; M R R R PAID 21 7 m a 9 4g �R3d d q 211, 45 e,�_.r ppPq R ppP■■■ :pp $ �0 S2 fill! �MA� yI !INN��, gg� 6 Nis m Vn >X09` g � ��m cR px4� q �$ !n € � � q � _ PSI IN H y� - a �� m g� 4 1gg - ill 13 0 � gra �� 'a� �a�� P 14 Ila Q AV 4 7Y55 q ag gt FV01. EJ Pa. N-i. T8'F !+ / w 0. BRAZOSCOUNTY ROAD AND BRIDGE DEPARTMENT Prarthana P. Banerji, P.E., CEM., County Engineer Duane Peters,Brazos County Judge Steve Aldrich,County Commissioner Pct.1 Nancy Berry,County Commissioner Pct.3 Sammy Catalena,County Commissioner Pct.2 Irma Cauley,County Commissioner Pct.4 MEMORANDUM Date: May 5,2021 To: Judge Peters,Commissioners&Budget Department From: Prarthana Banerji P.E.,CFM-Brazos County Engineer Re:Increase salary compensation for the Civil Engineer from$111,614 to$115,000 Road &Bridge Department is requesting the increase of the salary for the Civil Engineer position from the current$111,614 to$115,000. The candidate that we are planning to hire for this position has more number of years of experience as warranted currently by the position and we want to make sure that the compensation is in line with the value that the candidate brings to the County. This position will have no Operational Budget requirements since we have everything already available for their onboarding. Thank you for your time and consideration.If you have any questions,please feel free to contact me. Best, Prarthana Banerji P.E.,CFM Brazos County Engineer 2617 Highway 21 West Bryan.Texas 77803 Office(P79)822-2127 1 Fax(979)775-0453 1vol. -La- Pa. M � a xm 7 u Ca m gg O O J CS C V1 tlK C Q M cm O O �b U CO N C4 CD rs c _ LO o C O O O m � N E N H N 4 w 0 0 � 0 0 6 0 CS d m o o w U) : 0 N c o Ots o e d o m N m it In e y m V IL eq r4lO,! O CRO yy ° Q 'O e H b0 �''L Nw}N� 'Pl' f7 H x � d a. •�� �' a d Qz aW 0 131y' (� C � G y O 9 Oi �1 TI � C � W C. V i-r i d V N. z' !—e4 : E a° moi . eS N :N{ (ttiV O 0 VJ 'C.� •C0�_yE s p > > .!y69-1 C4 u u::- U) o AoA .. o of y V e a . u e a e 80 o rp [4 +�+ Vol. pg.—W.- - x n LL Q U 'O Ok O O O a O Q O O m p^p G e o CD 5 0 0 0 a M • o 0 0 0 0 CC` 0 0 3 0 d 3 V o vii in g N N e. 'A CA0 K o o O o O N n m M a m G to 97 W m LL 'r7 N + io; ion o m ;c o0 C ro d i;o- o t w e � � � R .-y r H x Q p. efj� ��oo' �• ZZZ U �y C4 Oz � w Z - iR U ` in vo vN;uNf �. y C 54 7 � kt O W a V ojC o: x�a: N N' P Cli U d�=Tit N FO CC t:•_:€ N G C't'a y G G H 0 0 R G Ck° s N ` R of vii rC. ai U Ute# � E+ H a o dA g o � Wv�iFvR x f' Vole 333 Pg.-Iolo 515/2021 item c:oversneet SAT$ 0 8 0 10 ?y OF g4 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT NUMBER: DATE OF COURT MEETING: 5/11/2021 ITEM: Request to approve the PFM Arbitrage Rebate&Yield Restriction Compliance Analysis reports for the following: • a.Certificates of Obligation,Series 2009 • b. Limited Tax Refunding Bonds, Series 2009 • c.Certificates of Obligation,Series 2015 TO: Commissioners Court DATE: 05/04/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Brazos 2009 Rebate 3-1-21.pdf Abitrage 2009 Backup Material Brazos 2015 Rebate 10-13-2020.pdf Abritrage 2015 Backup Material APPR r Duane Peters Date County Judge Vol. Pg. T IC-A-ION-FOft-T-AX-REFUND--ng Office Name Collecting Taxfor:(taxing entitles) 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 DARNELL JOE WILLIE 7244LAFAYETTE AVE KANSAS CITY KS 66109-2458 PROPERTY DESCRIPTION Legal: KURTEN WOODBINE UNIT TR 054 99021002-054 VESS OIL CORPO/KURTEN (WOODBINE) .0006640000 R Address: Account# 8803753 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested 2REFUND 2019 09/25/2020 $148.09 $100.09 Taxpayer's reason for refund: OP-Overpayment REFUND TO: DARNELL JOE WILLIE 7244 LAFAYETTE AVE KANSAS CITY KS 66109-2458 Sign below and return form to the Brazos County Tax Office. "9 hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." Sigma n ' Dat q/3 33t-r 55 32 jR,rn")-dr, Phone Number Email Address ' 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 refun is [ Approved ]Disapproved 1 1 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. X33 Pg. l a o Application for Tax Refund Overpayments or Erroneous Payments Brazos County 979-775-9930 Collection Office Name Phone(area code andnumber) 300 Wiliam J Bryan Pkwy East, Bryan,TX 77803 Address,City,State,ZIP Code Brazos County, Bryan ISD&Emg Svcs Dist#3 Collecting Tax Far(tabng units) ca o GENERAL INFORMATION:This application Is for use In requesting a tax refund pursuant to Tax Code Section 31.11 and Comptroller Rule 93039.To apply for a tax refund,the taxpayer or representative must complete Sections 1 through 5 of this application.The refund check will be made payable to the taxpayer and mailed to the taxpayer address provided below. FILING INSTRUCTIONS:This document and all supporting documentation mustbe filed with the tax collector of the taxing unit for which you are requesting a refund.Do not rile this document with theTexas Comptroller of Public Accounts.A directorywith contact information for county tax offices may be found on the Comptroller's website. 0 e, e • CoreLogic/Mr. Cooper(Nationster) Name ofTaxpayer 877-442-2797 TAX-RA-Recoveries<recoveries.tax@corelogic.com> Primary Phone Number(area rode and numbed Email'AddreW P.O. Box 9205, Coppell,TX 75019 Mailing Address,City,State,ZIP Code 0 • -• '-o Provide the information below if an agent has been appointed underTax Code Section 1.111 to represent the taxpayer for tax matters.Attach a completed and signed Form 50-162,Appointment ofAgentfor Property raxMatters,if the form has not been filed with the appraisal district.Individual taxpayers handling tax matters on their own behalf skip to section 3. Cherie Darcangelo Operation Services Assoc. Name of Authorized Representative Title of Authorized Representative 877-442-2797 x 191201 cdarcangelo@corelogic.com Primary Phone Number(area code andnumber) Email Address* P.O. Box 9205,Coppell,TX 75019 Mailing Address,City,State,ZIP Code ® ° .•• • • 813766 OR 3006740 Appraisal DMilct Account Number Tax Receipt Number 5261 FM 1179,Bryan,TX 77808 Location Address,Qty,State ZIP Code Legal Description(or attach copyofthe tax bill or taxrecelpq: A005300.T M SPLANE(OCL),TRACT 31, 19,06 ACRES Form developed by:Texas Comptroller of Public Accounts,Pra erty Tax Assistance Division For additional copies,visibcomptrollertexas.gov/taxes/Propertytax • 50.161•4•20/I2 FV073�3Pn Rp pcationfor'TaxHefu'ri'dA.verti ymentsorErroneo-s ymRii .,-7 '" ''" "�' '�'"'__. _ �..,-,.. 2--rmso-- 1 i. 4• i• I : t ,:'•.' d,u 'r'`- Fdrm30-181'. Ermine 111MIMM.M.VRI • e Complete the tax payment information requested below for each taxing unit from which refund is requested.A separate document containing the same Information maybe attached for additional taxing units,if necessary, i' EMG SVCS DIST#3 2020 12/31/20 S 69,33 $ 69.33 2. BRAZOS COUNTY 2020 12/31120 s 477.09 $ 477.09 I BRYAN ISD 2020 12/31/20 S 1,746.83 $ 1,746.83 4, I $ $ S. $ $ 6• $ S 7, S $ a. $ $ Taxpayer's Reason for Refund(attach supporting documentation) Erroneous payment.Taxes were reported and paid on an incorrect parcel which we do not service. ® a i 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 print here Cherie Darcengelo PrintTaxpayerName sign � �,z/p, here 04/30/21 ''77'"'''"''' Taxpayer signature Date If you make a false statement on this application,you could be found guilty of a Gass A misdemeanor or a state)ail felony underTexas Penal Code,§37.10. If the collector does not respond to this application on or before the 90th day after the date the application forth is filed with the collector,this application is presumed to have been denied.The taxpayer may file suit against the taxing unit In the district court to compel payment of the refund if it is filed not later than the 60th date after the collector denies the application, *See Government Code Section 552.137 regarding confidentiality of email addresses. FOR COLLECTOR USE ONLY 0 • • �- • 7h(s.'tiWefundu ;�'Apprb'ved'• - -Dlsapproveil:.. . . , •. ��`+. .:+:��.',.: :;.r;r : .' )�'� �:,=• - .:+ '.,,, _ ...sift:< . ries ..ypt :•I' :_s.Pi'-�5• >'.fi& - - p Fes+ `4. - ,td?,r: ,{itSei. f,py:�..,...�!, _ ; t,.y<{'•• here. - ndTille+r 1 1 _ il,v! . 7N.•.w f'�t�J.a '` ''At L` ',• •'N• =1'.?r,' ' - '°}Yi-'1.' , :'1.n;:�•t' ...::•�"'•^4.: ,{•'f:•`f.t'. '�i+'' t i 1,•. i�.�. ,J 4'L,:i�•..1'• 1•� 'i sign' ,� :.,�.' .,}'J1 'YV•,'.il.• :�'^::,if• • 11,. ••d'�).''• :�." i' .i:,`.y�ttY•-,-,;5,.'- .I :A0 tfiorlte8-0'fAwr;'''?i= . ;`,?i •' .. ti • v.: s r.s, ar: :i •'S... .,. ': •. 'sl~:_. .r'.tir`„ ,_ .;11� ,r ..� ..,Ur..i ..1. '.N'• _. ,i.-,�:.' '<;••'y' c q ' runI"ix;Tp? ''•�•,:I`:Uiq`•.C!w'�' t?:1•` ..'{ yam '• .•S .J}• {.L ::;ir .• -M1+iy-",i�'•.-. _...i:,•r 1;ja�.,,y, r-�,,.^' L',�, +.•,: ryl.i v:}* ,k 1 i.'•,•' '. :;.!:' •I(T y' A;`',•i. _.rcJ" 1 -v •9":i. r.:+,i•'I,. .1,H•�.,,s _ 1 :S lTj...Y, ••,,.; tr: 7 • °��-_ Print.NatiieatidT)tll•. .. (..` '•i;•.' _ :::` '„�;-ra;r�:.. ;;,1;ted= —•'i,_ '_z,•1: •��.'r�"�:-:.•.:- f ....,.`�'::'�'!i'..•{.:•j, •J 'F:,-a''.2 I�raz:f•°..:,:.az'.Y_', ' :'y'y+,' 4::.=. 'I. '•�.•..a' _�•"�•' .•_ _-;'� T'j`_-;.�w• �' _-11 .S�9ir1` t:'� .. �G• • ..{., '.,i.LI ,:'..f}�.�;?I• �� . '!j'�,t,••3•q.. +' •''•�'b,- •' ��:,r, �� �,'.}'.:�,• u J, 'tet .. `;'' t.. t;.fi :l.i,; .�•.''ir w.<, '+l•; . In . `, :•:.:.- '� '��:_ f�:-:• �s::::.: _r�: sti.,•::wc,_� - - ;•:�.,•. ,,�_ __ '-,- ! -_.Collector(sXof-Taxin9units)7or.Rehmd' itcavanovernsertamountforwhith ' - r .� '''+.Date CPP R h ;?' :-'�'. ,.,I:.. =�, . `:,s• t•; ;' 1a -. 1: n T: .,i ,. .,x.34;, ,1:,.• ,- t valigm ulr nderil'axCod'Se .!': '� ' • :., rt.• '�•F •1, .•.goverjin9,'hddy,apP Q.. 9 gfl;il:' .. C r..�i°�}7,11);•_ ;}•,1 i :: •'.t •. ::•.:`� .�:... •`� J•.•r + _ ?;: '�, .a.�• , .R:11_ ..1 n..r..w _.:-=e!:i;•,'j•,: :1-k::,:••.• IV..,.: _ `r y F radditionalco les,visit:comptrollertexas.gov/taxes/property-tax Paget VAP,0 1-2,2 �16jc_1• :, . .: CoreLogic Tax Services, LLC s .c" CoreLogic-iv, April 29,2021 Atta:Sue Williamson Brazos County 300 William I Bryan Pkwy East Bryan,TX 77803 Re: Case Number.71499393 Dear Tax Collector. CoreLogic Tax Services,LLC(CoreLogic)has discovered that a payment has been made in error in the amount of$2,293.25. The payment should have been applied for. Client Name: Nationstar Mtg LLC Dba Mr.Cooper Intended to Pay Parcel: R404082 The payment was incorrectly applied to the following property: Incorrect PIN#: R13766 Situs Address: 5261 FM 1179 Incorrect H/O Name: Harold Douglas Weedon Tax Year/Installment: 2020/1 Amount Disbursed: $2,293.25 CoreLogic Tax Services,LLC does not have an interest in the incorrect parcel that was paid,nor is the incorrect parcel currently under service. Please research your records to determine who provided the payment(s)posted to the parcel number R13766,as we are seeking reimbursement of these payments. Please make check payable to CoreLogic and send to: PO Box 9205,Coppell,TX 75019-9214 and reference file 71499393. Please find attached documentation supporting our payment. We sincerely apologize for this error and thank you for your prompt attention. If you have any questions, please feel free to contact us toll-free 1-877-442-2797 referencing the file number listed above. Our normal business hours are Monday through Friday,8:00 a.m.to 4:00 p.m.Central Standard Time. Sincerely, CoreLogic Tax Services,LLC Email Address:recoveries.tax@corelogic.com PO Box 9205,Coppell,TX 75019-9214 Toll Free 877.442.2797 56; www.corelogic.com eesrr 4 Vol. 3 Pg 5 Angela N. Hines From: Darcangelo,Cherie <cdarcangelo@corelogic com> Sent: Thursday,April 29,2021 12:24 PM To: Angela N.Hines Cc: TAX-RA-Recoveries Subject: Refund Request-Parcel R13766/File#71499393 ($2,293.25) Brazos County Attachments: 71499393-.pdf ....j........._ .�...................:. ._.......,.....r.,......... .,.. ......... ._... .... ,.q.•r_ .— M1^.T.• •.• "^..7}:s 7• .��� ...a4%yj?�.v'........�;rii_. .._.. .J jBrazos County;D;isclalmer° i!*****- his is-an-email-fr•..om an=E3°['ERNAL source.rp0:N0'1:clickJinks or op�i>i atta6a-1 onts�u.wessyou:recogn,ize tl�e, i • .. _. . •.. .. ' ender and have verifie 4iat the content is safe.-Never enter USE NAME;FASS1lU0-D�orse�nsitiveNi for'rrkaiaojn'on-� IS .##��* c.•'h�,:C .:.y;tg•:,. `' 'k y i,l il?�es linked frgm'this eirrail._.._.=------_..._.._r...'_._.......:�" . ..:�-<.........._. ... �.._._.....�_........_�F . r_..:.......__.._.w ...._:.._ Good afternoon, Please see the attached request. CoreLogic/Mr. Cooper (Nationstar) disbursed funds in the amount of $2,293.25 to Brazos County for the 2020 property taxes on parcel 13766. This was done in error. We do not service this parcel and have no interest in it. We are requesting our payment to be refunded to the address below. CoreLogic (Attn: Recoveries Dept.) P.O. Box 9205 Coppell, TX 75019 If anything else is needed to assist r. th = rE-- please let me know. Thank you! Cherie Darcangelo Assoc,Operation Svcs CoreLogic Direct 877-442-2797 x 191201 Direct Fax 817-826-0045 cdarcangelo@corelogic.com corelogic.com I Blog Linkedin I Twitter I Facebook I Google+ Our Vision:Deliver unique property-level insights that power the global real estate economy This message may contain confidential or proprietary information intended only for the use of the addressee(s)named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading,disseminating,distributing or copying this message is strictly prohibited.If you have received this message by mistake,please immediately notify us by replying to the message and delete the original message and any copies immediately thereafter. V0 I. Pct. lcl(o BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S)FOR THE 2020-2021 BUDGET YEAR NO.20/21 31.1 -31.9 On this the 11th day of May 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 11 th day of May 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 11th day of May 2021. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. By: Duane Peters, CountyJu ge Original: County Clerk's Office and Attached to the original budget VO BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.1 511112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners'Court Contingency Departmental Support 5,450.00 General Fund Other Financia Sources 5,450.00 Commissioners' Court Non-Capital Fund Other Financing Sources 5450.00 Commissioners' Court Non-Capital 272nd District Court-Non Fund I Capital Departmental Suvport 2.725.00 Commissioners' CourtNon-Capital 361st District Court-Nan Fund Capital De artmental Support 2,725.00 Commissions'Court,272nd District Court and 361st District Court Reallocation of fords to the appropriate department's account to cover the bonds for the AV upgrade in 272nd and 361st District Courtrooms. My d y ........-.. . � �&1 .f 2•�J`wt\ 1F fi..f 4� "5��45...ig �'fY f =�'xTvYYX+ 6551 b7 7 :` llentAaEet=1 '3 sZ, Date. pg.5/5/2021� ` r h r540M011.4 �,gfil .1 Cbu ~�.__ eWRo t?o%3ecurrtt h iP "ses,:Oi1 ° .•.?G:.� _< '.`. a 3 ,,..r k FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 5450.00 01000 00000000 91126000 DR Transfer to Comm.Court-Non Capital 5,450.00 06000 00000000 49028000 CR Transfer from General Fund 5,450.00 06000 22100006 60500000 DR Equipment&IT Enhancement 2,725.00 06000 22200006 60500000 DR Equivinent&IT Enhancement 2,725.00 Vol, Pg. BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.2 611112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Hotel Occupancy Expo Complex Tax Fund Improvements Repairand Maintenauce 10.00 Hotel Occupancy Tax Fund Hotel Occupancy Tax Capital OWay 10.00 Hotel Occupancy Tax Fund Reallocation of funds to the appropriate de anmenPs account for the Outdoor Audio Reconfiguration Project at the Exposition Complex. � { } N #fir' oiirtro&nt AQ„`"oval h. uc _ a Date y 1 za § nnp Dai to n 515 202T Kj Do &t a 'Pproyal FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 11000 11002900 65052000 CR Carpentry and Buildinji Repair 10.00 11000 11002500 80281000 DR Equipment-Electronic 10.00 Volo 3 3 Pgo BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.3 511112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease District Clerk Records District Clerk Records Management Fund Management Departmental Support 9,962.16 District Clerk Records District Clerk Records Management Fund Management Contractual Services 9,962.16 District Clerk Reallocation of funds to the appropriatedepartment's account to scan digitize civil and criminal index books for the District Clerk's Office and upload to a searchable format for public use. Do 3ir4nent Ap oval , w D"ate, `Oat �. . .5l512021 -._Approval ` FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 23000 20005000 61130000 CR Contin enc 9,962.16 23000 20005000 71300000 DR Microfilm,Recording,Scannin9,962.16 VOL Pg 'afDO BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.4 511112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Road&Bride Administration Departruental Support 1,257.800.00 General Fund Road&Bride Administration Repair and Maintenance 170 000.00 General Fund Road&Bride Administration Capital Outlay 1427 800.00 Road and Bridge Reallocation of funds to the appropriate de artmenrs account for the Dick Elliott Road Reconstruction Project. Y LepartmentAa ioV ld I x x dge;.ApProvat r, as a.°:ie cp Dala 1c xc or�Accuiti`n.P.•.<-.es On � ._. . ,�.>.,...°-<,.,��i;: :"�; ��...,. �r -".�` ;.:.3kh<ti� .a�.a����,�.";:;� �a. � ���_�'�`w��e,���'�a..s. ,.��_ -� � ?..;? xu�.< FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 56001000 61130000 CR Contingency 1,257 800.00 01000 56001000 65670000 CR R&B Maintenance 170 000.00 01000 56001000 80715000 DR R&B Capital 1,427,800.00 V®I. pg°�--- BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.5 5111/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Justice of the Peace,Pct#1 Discretio Spending 1000.00 General Fund Justice of the Peace,Pet#1 Department Support 1,000.00 Justice of the Peace Pct#1 Reallocation of funds to the appropriate departmenes account to purchase a replacement chair for JP Pct#1 Judge. [Deaartinent°Approval nn Dale. w X51512021 2 5nt?4h�k �Coti�t��Judge�A"p►oval�§,�- � •` �. .: ,��Date_s;�'' .-=�} Vis....;1 ."�. ''" +.} `€ rv4: f"0. 1::� .S�aI`4i1...:'.5.e�'Pt:�XY:.`-'S".5�,%[FS .,IDi`�3`.. ?a�� `A ,_�r,' EorAccb 'tine Pu 'ses;(J _' ,z FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 24101100 59100000 CR DDEA 1000.00 01000 24I01100 60360000 DR Furniture 1,000.00 K Pg. 9. ,O') BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.6 511112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease County Clerk Records County Clerk Records Mane ementFund Management Departmental Support 11000.00 County Clerk Records County Clerk Records Management Fund Mans ement Contractual Services 11000.00 County Clerk Reallocation of funds to the appropriate de artmerifs account to scan.digitize civil and criminal index books for the District Clerk's Office and upload to a searchable format for public use. 's _ •J i y hY r _ IDe -rtmenf A—drp 6yh `;+,': 'dexp ':.nDate .�+ct s"�?"-'�?.�, nnp� _ Cc ty:Ju 9e'APproval or:`Aeeouridn` oars 061�. FUND DIV ACCT DR(CR ACCOUNT NAME Increase Decrease 20000 21005000 61130000 CR Contingency 11 000.00 20000 21005000 71300000 DR Microflhn,Recording,Scannin11 000.00 O%lo pg. 203 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121.31.7 5/11/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners'Court Departmental Support 5,000.00 General Fund Purchasing Repair and Maintenance 5000.00 Commissioners'Court and Purchasing Reallocation of funds to the appropriate department's account to cover the repairs for the fuel systern. LIaPdrGnentAp�IrO:..;. - tf ..:_' ...::. q r: ' nnp For.Aceo�mhn� es Un '„�'�'�.. .�?�: ��r ���.Yr,e<�K �,',?.: �� ar. � ::•*",�!.� '-stn. .'.`�'.::, ,s 'cH.�.al:%`„�"ts'z;�`��`.S,? ''�'(�..,�-^,s, FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Continoency 5,000.00 01000 16500100 65320000 DR Equipment&Maintenance 5 000.00 Volo _ Pg. BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.8 5/1112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Juvenile Services Admmisuatioa Probation Discretio=y Spending 433731 General Fund Juvenile Services Detention Repair and Maintenance 4,337.31 Juvenile Administration Reallocation of funds to the appropriated artmenPs account to cover necessary replacement parts for the camera surveillance System 1 A, LParf..,entA rovah a rte = r? , N Date r 1 La! nnpe 5/5/2021 1} 4 T ` t a C. jd-2LA FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 31000100 59100000 CR DDEA 433731 01000 31000220 65055000 DR Surv.&Security Maintenance 4,337.31 Vol. pg. ���J BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-31.9 511112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease 2020 Certificates of Obligation 2020 Hail Repair Capital Outlay 389 635.00 2020Certificates of RoofRepairhrformation Obligation Technolopy Contractual Services 148750.00 2020 Certificates of Obligation Roof Repair Health District Contractual Services 240 885.00 2020 Certificates of Obligation Reallocation of funds to the appropriate departments account torelace the roofs on the Health District Building and Information Technology Building due to hail damage in May 2020. '`al'� �ts 4 s f ': De artment A royal -� -��• Date V 021 , �; =;x n� c � .. . .. s.,. �..•�x 2P1 FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 43200 63432400 80101000 CR Building Improvement 389 635.00 43200 63432170 71025000 DR Contract Services 148 750.00 43200 63432262 71025000 DR Contract Services 240,885.00 Vol. 3 pg. 9 O b PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 05-11-2021 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 District Clerk Cadena, Yulissa Change of Status Exposition Complex Hall, Allen Change of Status Lambert, Joshua Change of Status Human Resources Janek, Mary Kate Change of Status Road & Bridge Alvarado, Manuel Change of Status Grisso, Johnathon Change of Status Holmes, Shane Change of Status Menchaca, Emilio Change of Status Rodriguez, Juan Carlos Change of Status Approved in Commissioners' Court: 05-11-2021 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. - � p9. 1 Personnel Change of Status (May 6,2021) Commissioners'Court Date: 05-11-2021 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment ...: r w.<+.. . A.S. •. +i. �• �-�-'Department Name':°• �Employee Name,. Exposition Center-Administration Castaneda,Emmie County Judge Shackett,Allec Road and Bridge Springer,Ryon i•y ; _ d Vit.Rs r :i.5 Separations .:,Department Nahie:. Employee,Nan, :* w . District Clerk-Jury Services Bowhay,Wend[ Juvenile Services-Detention Cross,Dwanteria Tax Assessor-Collector- Henkel,Kayla Administration District Attorney-Administration McConnell,Paloma Approved in Commissioners'Court:05-11-20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) vole Pgo °�