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2021-07-20 10:00AM REGULAR MEETING
MINUTES J U LY 20, 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, July 20, 2021 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns There was no Citizen input. 3. Presentations and/or Discussions Presentation of the 2020 Distinguished Service Award to Brazos County Historical Commission by Henry Mayo. Historical Commission Director, Henry Mayo was presented the 2020 Distinguished Service Award by Judge Peters. Mr. Mayo stated that the Brazos County Historical Commission was one of only 91 Counties to receive this award. The ble to Vol. T2 Pg-_ftLf__ remain active despite the challenges of the COVI D-19 pandemic. Consider and take action on agenda items: 4-29 4. Approve Order Relocating Vote Center 24 Wellborn Community Center to Wellborn Baptist Church. Commissioner Cauley questioned the need for relocating the voting center and whether or not this new location would be as convenient as the previous. Elections Administrator Trudy Hancock explained that this is necessary due to the challenges of accessing the previous location. She stated that the new location is within a mile of the other. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 5. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 6. Acceptance of 2021 Byrne Grant JAG Program Award. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 7. Request from District Attorney's Office for Payment Authorization to USA Certified Interpreters LLC in the amount of $325.44 for translation services. A Purchase Order was in place but for a lesser amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Request from the Expo for Payment Authorization to W RI Outdoors in the amount of $1,084.09. A Purchase Order was in place but for a lesser amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. No award for RFQ #22-002 for Independent Auditor Services due to limited responses. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Permission to Re -advertise RFQ #22-002 Independent Auditor Services for Brazos County. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Approval of Award - RFP #21-634 Replacement of Various Roofs -Phase 11. Recommended Award: Lessman Roofing and Sheetmetal, LLC. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Approval of award of Bid #22-006 for portable toilet rentals. Recommend award to Texas Commercial Waste. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 13. Approval of Amendment #1 to Contract #21-004 Cell Check Software System with Guardian RFI D to add operational intelligence software in the amount of $4,999.00 per year for Brazos County Detention Center. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Approval of Amendment #2 to Contract 2016-004 Fire Alarm Monitoring with A-1 Fire & Security Equipment Company to add the Brazos County AgriLife Extension Building. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of deductive Change Order to Contract #CIP 21-500 1 & GN Road Failure Remediation in the amount of $155,136.14 for contingency that was not used for this project. A copy of the service contract is attached. Vol. 3pg. _. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of Contract Renewal of #22-012R for Grit Trap Pumping with G & L Wastewater Services, LLC. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 17. Approval of Contract #21-128 with the School Nutrition Resource Group (SNRG) for annual review of menus for the Juvenile Services Department. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Approval of Contract #21-139 with Shoreline Inc. for Juvenile Residential Services. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Approval of Service Contract #22-016 for Global Positioning System Monitoring with Recovery Monitoring Solutions. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 20. Acceptance of a Special Warranty Deed from Roberto Dominic Rodriguez for 0.197 acre of land to be used for improvements to Carter Lane located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Acceptance of a Special Warranty Deed from David R. Smith for 0.033 acre of land to be used for improvements to Carter Lane located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Vol. �_ Pg.� , Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 22. Approval of the Final Plat of Aggieland Business Park Phase 3A, Block 6, Lot 20R and Phase 1, Block 1, Lot 2R-2; 28.04 Acres; J.H. Jones Survey, A-26; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 23. Request for Tax Refunds for the following due to software errors: • a. David and Susan Dodge - $189.64 • b. Brian and Andrea Herbst - $114.95 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 24. Commissioners Court minutes for the following dates: Commissioners Court minutes for the following dates: • a. June 01, 2021 - Regular Meeting • b. June 08, 2021 -Regular Meeting • c. June 15, 2021 - Regular Meeting • d. June 22, 2021 - Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 25. Budget Amendments. Budget Amendments FY 20/21 40.1-40.9 40.1 To recognize donation from Brazos Valley Dental Arts to Purchasing. 40.2 To recognize donation from Bob Barker Company to Risk Management. 40.3 Reallocate funds for Road and Bridge. 40.4 Transfer funds from Contingency Fund to Tax Office. 40.5 Transfer funds from Contingency Fund to Court Support. 40.6 Reallocate funds for Court Support. 40.7 Transfer funds from Contingency Fund to Road and Bridge. 40.8 Reallocate funds for Road and Bridge. 40.9 Reallocate funds for Road and Bridge. 40.10 Reallocate Capital Funds. 40.11 Reallocate funds for Information Technology. 40.12 Transfer funds from Facilities Services to Juvenile. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. vol. 3�� �g,� 26. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 27. Payment of Claims. Claims 8108613 - 8108858 9002345-9002452 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 28. Convene into Executive Session Pursuant to Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. At this point, the County Judge announced the Court would consider items 30 through 33 then return to convene into Executive Session. Having considered the previously noted agenda items, the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.0725 of the Texas Government Code as stated above. Ed Bull, Civil Counsel, stated the Court may deliberate the business and financial issues of a contract in closed session if, before conducting the closed meeting: 1. The Court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third person; and 2. The attorney advising the Commissioners Court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person. 3. Notwithstanding Section 551.103(a), Government Code, the Commissioners Court must make a tape recording of the proceedings of a closed meeting to deliberate the information. Mr. Bull then submitted a written determination to be included in the minutes that stated deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person. Commissioner Berry determined that to deliberate in open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third party and offered a motion to meet in closed Executive Session. Commissioner Cauley seconded the motion and it carried unanimously. Vol. pg. pg.� At 10:17 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to deliberate business and financial issues as allowed under Section 551.0725 of the Texas Government Code. The following individuals were asked to stay for the meeting: Aubrey Leggett, Special Projects Administrator Ed Bull, Civil Counsel Bruce Erratt, General Counsel Katie Conner, County Auditor Charles Wendt, Purchasing Agent Mary Blankenship, Project Manager Colton Greer, Intern for County Judge's Office Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 29. Consider and possible action on Executive Session. At 10:38 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. 30. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 30 juveniles in the detention center, 25 are male and 5 are female, and 19 have electronic monitors. There is 1 youth in isolation as per medical protocol for new intakes. 31. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 591 inmates in jail, 508 inmates are male and 83 are female, 47 have electronic monitors and 9 are pending for processing. Commissioner Berry commented about the growing numbers of the jail population. Sheriff Dickey stated that this is standard for summer months and that it could also be related to the transition out of the COVI D-19 pandemic. 32. Announcement of interest items and possible future agenda topics. Commissioner Ford commended the Exposition Complex on a job well done during the 50th Annual Rodeo. Judge Peters added that they did a great job paying tribute to late Commissioner Sammy Catalena, as well as his brother Pete Catalena during the rodeo. 33. Call for Citizen input and/or concerns Judge Peters introduced Colton Greer, the new intern for the County Judge's Office. 34. Adjourn. Vol. 3�1 Pg.100 The foregoing minutes of the Commissioners Court Meeting held July 20, 2021 have been examined and are approved in open Court this 10th day of August 2021, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich, County Judge Commissioner, Precinct 1 Russ Ford Commissioner, Precinct 2 r' Irma Ca e Commissioner, Precinct Attest: kA,en McQueen County Clerk Nancy Be Commissioner, Precinct 3 Vol. pg. 1 0 I BRAZOS COUNTY BRYAN, TEXAS FILED dFOR CORD NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 20, 2021 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation of the 2020 Distinguished Service Award to Brazos County Historical Commission by Henry Mayo. Consider and take action on agenda items: 4-29 4. Approve Order Relocating Vote Center 24 Wellborn Community Center to Wellborn Baptist Church. 5. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. 6. Acceptance of 2021 Byrne Grant JAG Program Award. 7. Request from District Attorney's Office for Payment Authorization to USA Certified Interpreters LLC in the amount of $325.44 for translation services. A Purchase Order was in place but for a lesser amount. 8. Request from the Expo for Payment Authorization to W RI Outdoors in the amount of $1,084.09. A Purchase Order was in place but for a lesser amount. 9. No award for RFQ #22-002 for Independent Auditor Services due to limited responses. 10. Permission to Re -advertise RFQ #22-002 Independent Auditor Services for Brazos County. 11. Approval of Award - RFP #21-634 Replacement of Various Roofs - Phase 11. Recommended Award: Lessman Roofing and Sheetmetal, LLC. 12. Approval of award of Bid #22-006 for portable toilet rentals. Recommend award to Texas Commercial Waste. 13. Approval of Amendment #1 to Contract #21-004 Cell Check Software System with Guardian RFI D to add operational intelligence software in the amount of $4,999.00 per year for Brazos County Detention Center. 14. Approval of Amendment #2 to Contract 2016-004 Fire Alarm Monitoring with A-1 Fire & Security Equipment Company to add the Brazos County AgriLife Extension Building. 15. Approval of deductive Change Order to Contract #CIP 21-500 1 & GN Road Failure Remediation in the amount of $155,136.14 for contingency that was not used for this project. 16. Approval of Contract Renewal of #22-012R for Grit Trap Pumping with G & L Wastewater Services, LLC. 17. Approval of Contract #21-128 with the School Nutrition Resource Group (SNRG) for annual review of menus for the Juvenile Services Department. 18. Approval of Contract #21-139 with Shoreline Inc. for Juvenile Residential Services. 19. Approval of Service Contract #22-016 for Global Positioning System Monitoring with Recovery Monitoring Solutions. 20. Acceptance of a Special Warranty Deed from Roberto Dominic Rodriguez for 0.197 acre of land to be used for improvements to Carter Lane located in Precinct 2. 21. Acceptance of a Special Warranty Deed from David R. Smith for 0.033 acre.of land to be used for improvements to Carter Lane located in Precinct 2. 22. Approval of the Final Plat of Aggieland Business Park Phase 3A, Block 6, Lot 20R and Phase 1, Block 1, Lot 2R-2; 28.04 Acres; J.H. Jones Survey, A-26; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. 23. Request for Tax Refunds for the following due to software errors: • a. David and Susan Dodge - $189.64 • b. Brian and Andrea Herbst - $114.95 24. Commissioners Court minutes for the following dates: Commissioners Court minutes for the following dates: • a. June 01, 2021 - Regular Meeting • b. June 08, 2021 -Regular Meeting • c. June 15, 2021 - Regular Meeting • d. June 22, 2021 -Regular Meeting 25. Budget Amendments. Budget Amendments FY 20/21 40.1-40.9 26. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 27. Payment of Claims. Vol. 3 —I pg. 1 03 r' _ 28. Convene into Executive Session Pursuant to Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. 29. Consider and possible action on Executive Session. 30. Juvenile Director's report on detention population. 31. Sheriff's report on inmate population. 32. Announcement of interest items and possible future agenda topics. 33. Call for Citizen input and/or concerns 34. Adjourn. Vol. �'�`1 Pg.10q 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, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. TEXAS HISTORICAL COMMISSION PRESENTS THIS 2020 DISTINGUISHELI SERVICE AWARD TO BRAZOS COUNTY HISTORICAL COMMISSION IN RECOGNITION OF ITS ACTIVE AND WELL-BALANCED PRESERVATION PROGRAM 4 - EXECUTIVE DIRECTOR June 10, 2021 DATE TEXAS HISTORICAL COMMISSION REAL PLACES TELLING REAL STORIES . fes, g . I n ! ORDER RELOCATING VOTE CENTER 24 WELLBORN COMMUNITY CENTER WHEREAS, there exists at the present time a certain vote center which can not be used for the purpose of conducting elections; and WHEREAS, the Vote Center 24 currently located in the Wellborn Community Center located at 4119 W Greens Prairie Rd, Wellborn, Texas; and WHEREAS, the Wellborn Community Center is no longer available for use; and WHEREAS, for the convenience of the voters it is recommended that the vote center be moved to the Wellborn Baptist Church located at 14575 FM 2154, College Station, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the vote center be relocated in Brazos County to wit: and THAT the Vote Center 24 be located in the Wellborn Baptist Church located at 14575 FM 2154, College Station, Texas. ADOPTED this a 6�day of July, 2021 by a vote of AYES and O NAYS. ATTEST: Sa uane Peters, County Judge Kalreff McQueen, Coun Clerk EVOL33-1 P9•�St '- :'BRAZOS COUNTY, TEXAS .: ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY. . Date:' 07/09/27 EJ Acceptance of Donated/Awarded Property Donation of county Property .. (Awarded property requires signed court documentation) MV Acceptance of Donated Inmate Property (Requires signed inmate documentation _ NO VALUE ASSESSED) Itcm Description: Please.provide all information requested below as applicable to the property being accepted or donated. Fortes containing any blank fields will be returned for completion. Make: Model: Year: SNNIN #: Functional Non -Functional. Explain if Non -Functional Additional Description/Information: Clothing, Jewelry, Electronics and other mise items left by inmates leaving the Brazos County Detention Center In the month of May 2021. Estimated Value: Check the appropriate account based, on estimated value ofproperty being accepted: 61335000 (Donation -Other)* Wtv Check the appropriate entity property.being . donated to: Government Fsrtity: Brazes Cnunty Sheriffs a 60010000 (No Assct Tag - Under $500) Oiganization Name 1167010000(MinorProperty-$5170-$4999).- Other(DuetoStatuatory - . . S0010000 (Capital Property = Ovcr $5000) :. requirements prior approval is required by Purchasing: Organization Namo "Donation -- Other account 61235000 is to be used ONLY for caWcheck funds donated to Brazos Calmly. I cert.'ify:that the above-mentioned item has been donated or awarded to Brazos County. This item has been received. in good- faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will -be made at the -sole discretions of Commissioners Court based upon such.thi.ugs as usefulness, projected operating, maintenance and insurance costs. Requesting Departr.nent. Brazos CountKSheriffs Officel:Lri� Department Name Authorized Signature Organization Receiving Donated Property: -Authorized Sigeaturc Appro 'c Commis 'overs Court thk�J�JQ day of Co0irmssioners Court. Approval Voi. 331Pg. 'O i BRAZOS COUNTYDETENTIOYCENTE R INMATE PROPERT*Y'DISP OSITION"IPORM'* Date Inmatety.. 2 slz� Left Pacili JAIL Ings 31348 80#: 26245874 This is to advise You, GARCIA, 1,,4Ak;rJN WILLIAM, that the Brazos County Office of the She iff will grant You a period of one week (five working' days) to have 171 receive any. . and all pro �MY`One of choice.' -pickup ancVo- Perty'that you have accumulated L to C cumulated d1i'd nigm your time incarcerated -in the B County Detention In the e' razos week (five'. workihg days), any yen ' t that no one has picked up Your property after.th expiration of 0 and.all Property wf 11 be donated to the Brazos County * - e f. Me: of to the Person(s) or organization ' Sheriftand disp ' ' ' of choice by order of the Sheriff of.13' osed ProPerty'Wlll not be released to any one other. than raz9s County, Texas.-. Your be picked up from the Re Of the 46 thevers6n you designate to pi lense Lobby" Brazos County Detention pick it. up, and can Bryan', TX 77803. To avoid'Center 1835. Sandy Point Rd. Ion r wait Hines schedule the ickup (24 hours in advance LIST .OF PROPERTY 61 IV) Signature I of ate.... rim Date Time::L/ a r. -Li 'Signature of Jailer: Property disposed by: Date: Time: Person designated to pick'up property:. Name: Address:' E. a TWephone: Signature' f o'' 0 fficer Releasing Property Date: Signature bf-Person Pick up Property co......... 0Y of the Person's WntificAtioh that is . picking up.the' Property) - Farm'Y1825 Inmate Property Disposition IN JAIL ID#: 317084 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility �LzgjV . - SOM 93128 This is to advise .you, NEELY, JERRY ADAM JR grant you a period of one week (five working days) oahave ant. the ryone of yourazos County DChoice tiffice 'of the kueriff will receive any and all property 'that you have accumulated during your time incazcerated in the Brazos P p and/or. County Detention Center. In the event that no one has picked up your roe °S week (five working days), any and all property will be donated to' the Bra o Countyherifftand disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, -texas.i P d property tiyill not be released to any one other than the person you designate to pick it u and our He picked up from the Release Lobby of the Brazos County Detention Center 1835 Sand point p, can Bryan, TX 77803. T° avoid lungwait times schedule the icku 24 hours in advance)_ : y t Rd. LIST OF PROPERTY. 6) - 3) S 5) 9) 10) Signature of Inmate: -`— Date:1� Tim' Signature of Jailer: C/Zy67� Date: 5�24' Time..-- Property ime:Property disposed by: Date: ' . Time: Person designated .to pie up pro e MY: Name: �`�r �hii �1A Address: w�7t.f f5 t'��IcrC�lvt��� t Telephone: Signature of Officer Releasing Property Date: Signature of person Pick a PropeP P rtY Date: (Include a copy of the pecson's identification that is picking up'the property) FOM'. 1825 lnmate Propeity Disposition Vol. gym.. ID :. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL IDN: 320742: This is to advise you, RUSSELL, RICHARD M.YLES, that the Bfazos County Off grant you a period Of'one week - (five Office of the.Sheriff.will working days)'to haveanyoneof.youe choice to pickup and/or receive any and all property that You have accumulated during' your . time incarcerated in the Brazos County Detention Center.. In the (five working . . . fit that no one has Picked up -your Property after the days),.,jny and all expiration of one property will be. donated to'the Brazos County'Sheniff and disposed of to the P ' erson'(s) br'Otgafiizaiion of choice by - order'• of the Sheriff of -Brazos County;SPO :Texas. -'Your property will not be released to any one other than the person you designatg'to pick.it be picked up from the Release' Lobby Of the BrOzOi County Datentioh'Center 1W Sand. can andy Point 'Rd. Bryan, TX. 77803.. T6'av long wait times schedule the vickun-04hours in advane6),` LIST OF PROPERTY 2) r -GEK4 �_N 3) 0 5) Signature of -inmate: - Date• -5 ^-f, Time Signature of Jailer: Date: Property disposed by: Date: Time; Pers' on deshinated to pick up nrbjierty: Name: Address: Telephone: 80r7 a-, _.15r: Signature Of Officer Rele'asing-Pioperty . Date: Signature of Person Pick.'up, Property , (Include a copy Of the'Person's idebtiffli ion that is Pic Date:- rth:_ Farm:1875 inmate P r9pe"y DISPOSItIon BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION- ..FORM . . Date Inmate Left Facility 5/26/21_ . JAIL [D#-:.320037 SO#: 1628714 This is to advise you; WEBBER, SHERRY MARIE, that the Brazos County Office of the Sheriff will grant you a period of one week. (five working 'days) to have anyone -of your choice to pick up .and/or 'receive any .aitd all property that you have -accumulated during your. time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (fve.working days), any and all property.will.be donated to 1he.Braz6s County Sheriff and disposed of to the pecson(s) or organization'of choice'by'order •of the Sheriff of Brazos County, -Texas. Your property will not be released to anyone'other than the person you designate to pick it up, and can be picked up from the Release Lobby of the -Brazos County Detention -Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Iona wait times schedule the pickua (24' hours in advance) LIST OF PROPERTY... . I) M ori rcQ!s9h �![Z) 6)�f,�� 2) 7) cif 3) r, _ 8) Nj Signature of inmate: Date _5/..6/21 Time: 0630 Signature ofJailer: Date:. 5/26/21 - : Tiii1e:0630 Property disposed by: Date: Time: Person des' riated to !ick up property: Name: ti; Address: tti rl c� 0(! On e, .. . Telephone:5 l �11 r. V17 7 Signature of Officer Releasing Property Dater Signature of Person Pick up Property Dafc., (include a co o 'p : py t the person's identification that is picking up the property) . .:Form: 1825)nm�te Pri?pptty Dispositidn .. .. - - BRAZOS-COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date inmate Left Facility 5/17/21 JAIL ID#: 314284 SON: 124956 0 This is to advise you, PEpps, Wesley Allen, that the Brazos County Office of the Sheriff will grant you a Period of one week (five working days) 'to'have anyone of your choice to picku'o.and/or receive any and all property.that You have accumulated during time incarcerated in the . Brazos C Center. In the event that your ounty Detention no one has Picked u working da�sl any andiil' P your property after the expiration of. 0116'week (five-. property will be doniit to the . . 4 _ae d Brazos County Sheriff and disp"o's'ed of to the person(s) or organization of choice by'order of the Sheriff of Brazos County, Tex not be released to any one other than as. Your property will the person you designate. to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1935 San' 77803. To avoid Ion dy*foint 9 wait times schedule Rd. Bryan, TX �edfile the pick�ji ..ry !e th (24 hours in advance LIST OF PROPERTY %j 2) bt 7) :5 10) T Signature of inmate: :_Ufll Date: 5117/21': .Signature of Jailer: Date. 5h 7/2 1. Property disposed by- ---------- Person designated to pi ck u X -Name: p property.-* Address: Telephone: Signature of Officer Releasing= Property Date: Signature of Person Pick up -Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmati'Prooertv mp . 6sition e7 --n Vol. �D Pg. gDg JAIL IDN: 313533 BRAZOS COUNTY. DETENTION CENTER INMATE PROPERTY DISPOSITION FORM -Date Inmate Left Facility 5/tom SO#: 116640 This is to advise you, BALLOM, SHONLEY KENDRICK, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that' you .have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your .property after the expiration of one week (five working days),.any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick if up, and can he picked up from the Release Lobby.of the Brazos County Detention Center 1835 Sandy Point Rd, Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). :LIST OF PROPERTY 6) O c �'n G 3)R -e .. S Kf 4) %x il� .or 9) 6e G kir Signature of Inmate:�V korn Date; JIL . Signature of Jailer: & 1Z YS6q Date: 5'X Property disposed by: Date: Person designated to 'ck u property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is ick' p ung up the property) Form: 1825 Inmate Property Dl;posftion Vol. — Pg.� BRAZOS COUNTY DETENTION. CENTER INMATE PROPERTY.' DISPOSITION FORM Date Inmate Left'Facility 5/4/21 JAIL ID#: 316005SO#:104227 • .:.This is to advise you,' CRENSHAW, MICHAEL ALLEN, that the Btazos•County Office of the Sheriff will grant you a period of one we'A-(ftve working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. jn the event. that.no one has picked up your property after the expiration of one - week (five working days), any and all property will be donated to,the Brazos:County Sheriff and disposed..:-.. of to the persons) or organization of choice by order of.the ;Sheriff of Brazos County, Tekas. - Your :.property will not be released to any one other than the person you designate to pick it up, and can .be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy MUM . Bryan, TX 7/803. To avoid lona wait -times schedule the nickun (24 hours inadvance).. LIST OF PROPERTY 1) �f.-11i lr drllic%8'5 6) :2) //hf $6 9.:M 3) K 8) 5� 10) Signature of Inmate: Date: Time: - Date: '.Signature of Jailer: �..: S�/2�Time: Property disposed by: Date: Time: Person designated to pick up.property: . Name: .. -�yl �/ l C ^ ' o-ri ; ;L) Address: _rV AI :. Telephone: C G.. Signature of Officer Releasing Property `° Date: . ..Signature of Person Pick up, Property Date: (Include a copy of the person's identification that is.picking up the property) Form:18751nmate Property t)isposition .::: . V®I BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL 1D#: 287300 SOM. 6523942 This is to advise you, HERNANDE2, ALBERT 'TOLEDO, JR' -,'that the Brazos Count the Sheriff willy. Office of.. grant you a period of one Week (five dayi)'to have anyone of' r choice . pice to pickup and/or receive any and all property' ave that you h accumulated during your time incarcerated in the. Brazos County Detention Center. 'In the event that no one hasi p ' cked up your property after the expiration of one week (five working days), any..and."al.1 property will be donated to the Braz os County Sheinif rand disposedof to the persons) or organization of .choice by order of the Sheriff of Br'az*os Couhty,jqas. Your property will not be released to any: one other than the person you designate to pick. it"up, and can' be picked up from the �'Release' Lobby .b . f the B razoa County. Detention Center -1'83j Saiidy Point:Rd.' Bryan, TX 77803. TO avoid 16fig- -wait times schedule the PickuP424 hours in advance). LIST OF. PROPERTY' 1-(V 2) t v 1p r 3 r 4) 10) Signature of ate: Date; Time: Sign' 04 Signature of Jailer: Date:: Time: Property disposed by: Date: q Time: ... Person designated to pick up propeiij: Name: Address: T61ephone: d Y'r- %7 4' Signature of Officer Releasing Property ate: PL $fgnatu re of Person Pickup Property ate:' (Include a topy.of the person's identification that is picking up the property) Fofm:.1825 Inmate Property Disposition V0 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility rj//fliz/ JAIL ID#:. 313024 SON: 125664 -This is to advise you, MCINTOSH, STEVEN LASHONE, that the Brazos County Office -of the Sheriff will grant you a period 'of one week (five working days) to have"anyone of your choice to:pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (rive working days),.any and all property will be donated to the Brazos -County Sheriff and disposed of to the persons) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property Will. not be released to any one other than the person you designate to pick it -up, and can be picked up from' the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd, Bryan, TX 77803. To avoid long wait times schedule the i u 24 hours in advance)."','. LIS]F►ds,RTV (�) k 6 i7; 3)g 4) 6/A —� .Signature of Innia ,�... � • =� � ��� {Date: Signature of Jailer: ::G���t�iD� Date: 5f/4 Property disposed by: Date: Person designated to pick up property: Name: Address: Telephone: _ Time: _ Time: . Time: Signature of Officer Releasing Property Date:. . Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Forma 28251nmit. Property Disposition Dal BRAZOS COUNTY -DETENTION CENTER INMATE PROPERTY. DISPOSITION. FORM Inmate nmate Left Facility YI'2,111% JAIL ID#: 318804 -SOAIS1179 This is to Advise you, Rambo- David Anthony, that the Brazos CountyOffice of the Sheriff will grant you .a period of one wee' k (five working days) to have ourchoice. td Pickup': and/or receive ve dnyode of y all property that you have accumulated during 'your time incarcerated :in . 'the Bill any and Center. In the event that no one has picked 'up Os County Detention your property -aller the. expiration .(five working days), any And All n of one week . . property Will be don 'to the Brazos County*Shbriff and person(s)dr organization of choice by order of the Sheriff of Brazos . Texas. .' disposed of to the County, ' Your Property will not be released to any one other than the person You designate to pick it up, and can be picked up : from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan 77803. To avoid l0litimes schedule the pickar)'L24 hours in advance). LIST U PROPERTY Ae Y'V Arle- F /41., L.� W 6 2) 4.0 A!11 7) 3) — &I Z., 5 10) Sign' ature of Inmate: NavvV0q) "T -L Date: Time: -Signa ture ofJailer: -/I_ D a i e: Tim' e: Property disposed by: -. Date: Time: Person designated to pick 'u P NPr9p!,._r1Y ame: nill el 0 214) V�,l I -D ;, Address: IIIK Lm r -Aft 7V Telephone: Ci �-Q 5 Signature of Officer Releaiing Property. Date::' Signature of PersonProperty Pick up D (Include a'c6p'y of the person's identification that is 'picki ng up the property). Form:,1825 Inmte Properly Disposition Pg Vol. P E: INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2021 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County"), acting through its Commissioners' Court, the City of College Station (hereinafter referred to as "College Station"), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as "Bryan"), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice's 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter-local agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds; and WHEREAS, Bryan will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Bryan agrees to provide the County $6,902.85 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan agrees to provide College Station $15,685.90 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan shall use their $23,430.25 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and Vol. �_ Py.�_ WHEREAS, Bryan, College Station and the County believe it to be in their best interest to reallocate the JAG funds as described above, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. Bryan agrees to pay the County a total of $6,902.85 of JAG funds. 2. The County agrees to use the $6,902.85 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance Iaw enforcement programs. 3. Bryan agrees to pay College Station a total of $15,685.90 of JAG funds. 4. College Station agrees to use $15,685.90 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. Bryan agrees to retain a total of $23,430.25 of the JAG funds. 6. Bryan agrees to use $23,430.25 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this . Agreement. & By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any parry not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 11. Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2023. 12. Indemnification Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13. Consent to Snit. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14. Invalidity: If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY OF BRYAN: City Manager City of Bryan 300 South Texas Ave. Bryan, Texas 77803 CITY OF COLLEGE STATION: BRAZOS COUNTY: City Manager City of College Station P. 0. Box 9960 College Station, Texas 77842 County Judge Brazos County 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 16. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 18. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20. Anthoritv to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21. 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 anyway 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 any other different or subsequent breach. 22. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 24. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Vol.331 cq.1�2 EXECUTED this the o2� ATTEST: County Clerk day o `T , 2021 COUNTY BRAZ County Judge by BRAZOS COUNTY. By: APPROVED AS TO FORM: Counsel for Brazos County Vol. 3� pg.�� EXECUTED this the 23rd day of July ATTEST: 4 ,f 1:2p1 City Secretary 2021 by CITY OF COLLEGE STATION. CITY OF COLLEGE STATION By: � ` Mayor APPROVED AS TO FORM: Au , C. u4s City Manager City Attorney (L7, - 9r, -Assistant City Attorney/CFO 221 JAG2/300644 Fv-o. o Pg o� Page 6 of 7 July 8, 2021 BRAZOS COUNTY OFFICE OF THE SHERIFF WAYNE DICKY, SHERIFF AUL MARTINEZ, CHIEF DEPUTY OF ENFORCEMENT 1700 WEST STATE HIGHWAY 21 .EVIN STUART, CHIEF DEPUTY OF CORRECTIONS BRYAN, TEXAS 77803-1300 The Honorable Judge Duane Peters The Honorable Commissioner Steve Aldrich The Honorable Commissioner Russ Ford The Honorable Commissioner Nancy Berry The Honorable Commissioner Irma Cauley Re: Request for Approval of the Inter -local Agreement in support of the 2021 Bryne JAG Budget Submission Hearing. Dear Members of the Court: AGENDA ITEM DESCRIPTION: Approval for the Inter- Local Agreement between Brazos County, City of Bryan, and College Station in support of the 2021 Bryne Justice Assistance Grant Program. SUMMARY STATEMENT: This is a share of the funds that the cities of Bryan and College Station will receive through the 2021 Byrne JAG Program. The cities have shared this grant with us since 2005, and in the past we have used the monies to purchase and upgrade law enforcement equipment utilized by the Sheriffs Office. I request the Commissioners Court approve the Inter -local Agreement. Please let me know if there is further information you might require. Sincerely, Paul Martinez Chief Deputy Sheriff Brazos County Sheriffs Office OFFICE (979) 361-4900 ADMINISTRATION (979) 361-4992 FAX (979) 361-4999 FV01. �rnq._V_o M BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT District Attorney's Office NUMBER: DATE OF COURT MEETING: 7/20/2021 ITEM: Request from District Attorney's Office for Payment Authorization to USA Certified Interpreters LLC in the amount of $325.44 for translation services. A Purchase Order was in place but for a lesser amount. TO: Commissioners Court FROM: Jarvis Parsons DATE: 06/30/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Memo 6.30.2021.pd Memo Re Request Cover Memo Invoice 2063 from USA Certifled Interpreters LLC.pdf Invoice Backup Material USA Certified Interpreters LLC FEES 2021.pdf Fee Schedule Backup Material PO 300000002691033 210003128 O.pdf Purchase Order Backup Material PROVE wane Peters Date ,-'ounty Judge Vol. P a ^1 9 OFFICE OF THE DISTRICT ATTORNEY S4h'S Op. JARVIS PARSONS r 300 E. 26TH STREET District Attorney * , * SUITE 310 BRAZOSCOUNTY BRIAN BAKER°pry 'OF, os°COURTHOUSE First Assistant District Attorney BRYAN, TEXAS 77803 BRAZOS COUNTY TEXAS OFF: 979/361-4320 FAX: 979/361-4368 MEMORANDUM TO: Judge Duane Peters, County Judge FROM: Jarvis Parsons, District Attorney RE: Payment of USA Certified Interpreters LLC Invoice DATE: June 30, 2021 We obtained a purchase order for translation services through USA Certified Interpreters LLC. The base fee was not considered when my staff requested the purchase order, which resulted in the invoice exceeding the 10 percent maximum allowed over the purchase order amount. We are requesting full payment of the attached invoice. Sincerely, Jarvis Parsons District Attorney JP/cb E. P L , g. jA_ VOL USA Certified Interpreters LLC (936) 588-9079 monlca@usaitt.com www.usaitt.com INVOICE BILL TO Ryan Calvert Assistant District Attorney Brazos County, Texas (979)361-4332 it wwwoUSAitteom INVOICE# 2063 DATE 06/29/2021 TERMS County Payment Schedule NT; T' "N' -'�QTY' Jy MEN - 06/29/2021 TRANSLATION 752 0.22 165.44 Polygraph Test 1.344 words Polygraph Test 2.406 words 06/29/2021 Document Certification Fee 1 125.00 125.00 06/2912021 Document Notarization 1 35.00 35.00 ------------------------------------------------------------------------------------------------------ ..... 1 ....... ....... ------- n --------------- BALANCE DUE 4225.44 @ae9 USA Certified Interpreters,.ICLC. Spanish <-> English Service Fees (in US dollars) Translation $115/hour to $125/hour (Surcharge applies for highly (rate per word) or technical texts or for in - $0.22 - $0.32 depth research) Transcription -Translation $28 - $38/AV minute (Surcharge applies for (A/V -Audio/Video is transcribed word by several speakers, word and then translated) background noise and or speech difficult to understand) Certified Translation, $125 (Court ready documents) (Base fee) Hourly rate $125/hour to $150/hour (Translation, editing, proofing, preparation time) Interpreting (Court) 1/2 fee covers up to 4 consecutive hours $420-$520 Additional hours added at Day fee covers up to 8 consecutive hours. $840-$1040 $125/hr (Consecutive and/or simultaneous interpreting) includes: Wireless interpreting equipment up to 4 receivers (headsets),1 transmitter. More equipment available upon request. Additional charges: Mileage and transportation. Preparation time. Charge for working on non -editable documents, including PDF documents, physical print-outs, etc. Rush charge (24-hour/48-hour service, weekend service, services requested to be rushed, 20% of base price to Plus 100% of base price. Vol. — E�'c.130- info@usaitt.com www.USAitt.com 936.588.9079 Purchase Order 210003128 Bill To Brazos County P.O. Box 914 Bryan, TX 77803 OrdetQ.AW % "wX JUN -28-2021 e60rde .Chan r:"- 0 Change Order Date ° a fi JUN -28-2021 ,Revisiant )Ff : tf' i :' 0 Orde d ri n 3s5,� $200.00 -'44, .4t Supplier USA Certified Interpreters 12614 Sleepy Hollow Montgomery, TX 77356 Department Name District Attorney - Administration Ship To District Attorney 300 East 26th Street, Suite 310 Bryan, Texas 77803 Contract No. Approver Summer Dubec 361-4290 95313 Net 30 Delivered Brazos County Best 777 _xpDelfver,T Chelesea Burk E-mail: CBurk@brazoscountytx.gov Phone 1 Two (2) page document translation - 0 200.00 $200.00 roughly 300 words re Defendant Jose Rojas-Meliton PO Charge Account Extended price 01000.19000100.61210000.00000.0000.000000 $200 Project Number: ;Total, $200.00 BRAZOS COUNTY IS EXEMPT FROM SALES TAX Terms & Conditions are applicahee endjOsa�eteund as -=, caz o Departments, then Purchasing. Vol. ✓ R —7I page1 in BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Expo Complex NUMBER: DATE OF COURT MEETING: 7/20/2021 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT ACTION REQUESTED OR ALTERNATIVES: Request from the Expo for Payment Authorization to WRI Outdoors in the amount of $1,084.09. A Purchase Order was in place but for a lesser amount. Commissioners Court Mandy Rutledge 07/14/2021 True True $1,084.90 Payment authorization to WRI Outdoors invoice #69847 in the amount of $1,084.09. A purchase order was obtained in advance but was not enough for repairs. ATTACHMENTS: File Name Description WRI OUTDOORS INV 69847 7-9-21.pdf Payment Authorization Type Backup Material County Judge v®I o Pg --13-2— BRAZOS COUNTY . Payment Authorization Vendor #: 97037 Division: Pay to: WRI Outdoors Today's Date: i Address: PO BOX 2011 Bryan TX 77806 Attach ALL supporting data such as invoices,meal and hotel receipts,'airlide tickets, seminar brochures) or syllabus, brochures) or syllabus, registration forms, etc. INVOICE INVOICE UNIT DATE NUMBER : ' ` DESCRIPTION QUANTITY PR[CE --TOTAL 719121 69847 PM and Repairs on Mule #5 1 1084.09 9, the• requisitioner, hereby oertify that the Item(e) andlar service(s) on ibis mquisilion have been or will be used eWuehrely for the benefit of Brazos County. They have been puMmsed in Compflanee vlth Section 262.021. Section 262.034 of the Local Government Code. 1 Wrther': citify that I am aware of the criminal panahies resuIFjig fmm the violation of these State Iowa' Requisitioned By Approved/County Judge Approved/County Auditor' FREIGHT TOTAL - $ FUND DIVISION ACCOUNT. PROJECT# AMOUNT 36000100- 65320000 $ 1084.09 vas. 33`1 Pg. D— .TOTAL ':$ WRI Outdoors 6290 W HWY 21 Bryan,*TX 77807 Phone* (979)822-6800 I N V-0 I C E-' PAGB: i PHONE #,;(979)8214400 DATEx,;719120214:44:07 PM CELL k. (979)220.7037. INVOICE N: 69$47 FAX Na; CUSTOMERtl;� 100594 P.O.9:::210000007 LOCATIO9:.1 TERMS::', Not 10th EOM DELIVERY;: SALES ORDER#: 36611 PICK UP: . . SALES TYPE Work Order' TAG A: i5 CP COLE P . TECH:: Ro bent B SALES RFP-., COLE P BILt1�T0_= 100594 rSHIP TO BRAZOS COUNTY EXPO COM BRAZOS COUNTY EXPO C OM PO BOX 914 PO BOX 914 BRYAN, TX 77806 BRYAN,.TX77806 JUL 13 R YEAR . i .MF[i MODEL MJMBER' : ,wMMIIAGE7 WAItR' . 2013 KAW k4950F0F LE40. $pftot1 JKIAFDF14OB506426.. 14077/2692 KAW - AF950AE052124 10!712016 1:. -STARTS 13Y ITSELF WHEN YOU K Tech: Chris C [KAW KAF960FDF JKIAFDF14DBSO6428 ] MULE 4010 131E8E1- 263#5 MFR PRODUCTPIUMBER;.. DESCRIPTION i::: - SOLD `-H/0 PRICE::TOiAIiLe; KAW :14073-0240: DUCT;AIC-BLOW DUCT 1 0 ` . $41,07 $41.00 $41.07 "•• SHP SHIPPING l HANDLING 1 0 $16.19 $16:19 $16.19 .,,Parts Job 1 $67:26 SERVICE EVERY ENGINE OIL 100 HOURS FUEL FILTERS 800 HOURS FOUND UNIT WOULD NOT START. SENT STARTER TO BE REBUILT ON JOB 2, - FOUND AIR INTAKE TUBE BRITTLE, REPLACED TUBE. TRIED MULTIPLE TIMES TO REPLICATE THE ISSUE OF THE UNIT STARTING BY ITSELF AND'COULD NEVER REPLICATED THE ISSUE. LABOR 4! DESCRIPTION... _, . _ w s.; , f .::.:.<, 64t! x. _, _ U t F„ -IiRS iw 1 L :RATE ::..„'' AMOUNT x KAW L&G LABOR 1.5 $95,00. $142.50 Hours Job 1: .1.6 Labor Job 1: - -$142.60 EXTRAS •''.DESCRIPTION - TV _ _ _a _ ,._ _ .,. .r ' ,'-' �_ _�__ ,-.fo-,:$• k QTX," .tPRIC� AM .IOTA x;44 . . SS SHOP SUPPLIES - 1 4.44 $34. ExtrasJob.is $34.44 Subtotal Job 1: • $234.20 2:. INSTALL NEW BATTERY Tech; Robert B [ KAW KAF950FDF. JKlAFDF14DB606428] MULE 4010 DIESEL 2013 26 Parts Job 2: $0.00 'CHECKED ELECTRICAL WIRING AND SWITCHES. FOUND BATTERY,GOOD; ISSUE WAS THE STARTER. REMOVED STARTER, - HAD IT REBUILT AND REINSTALLED IT: LABOR = DESCRIPTION_ . R►TE< �i ruAMOUNf = ix T Amt "KAw L&G LABOR 2 .$95.00 $190.00 Hous Job 2:.. 2 Labor Job. 2: $180.00 A. EXTRAS;y�1' DfiSCRIPTION r�__.._, ..... .'a r ,Q _RICE y, " AMOUNT { :TO_ TAL n j3 SUBLET STARTER REBUILD 1 $119.94_ $116.94 Extras Job 2: :$116.94 Subtotal Job 2: $306.94 3:. SERVICE & CHANGE FUEL FILTE Tech: Chris C [ KAW KAF960FDF JKIAFDF14ODS06428 ] . MULE 4010 DIESEL 2013 96, - MPR, j PRODUCT NUMBER?: : • DESCRIPTION : '. ", .. 'r SOLD ;y; :;e8/0 _ tPRICE'.; NET_ a :,TOTAL r 6 y :: KAW 16097-1069 FILTER -ASSY -OIL 1 0 $12.62 $12.62 $12.62 MF .. 79036406 OIL-15W40CK4 OT (P) 4 0 $5.98. $5.98 $2$.92 kAW 51056-1061 ELEMENT -FUEL FILTER 1 -0 $75.81' .. $76:81.. $75.81 KAW 11013-1290 ELEMENT -AIR FILTER 1 0 $26.41 :. $26,41 $26.41' KAW 13280.0312 HOLDER 1 0 $16.86. $16.86 $16.86 KAW 11013-0037 ELEMENT -AIR FILTER 1 :0 .$4.20 $4.20 $4.20 -KAW. K6103H06A GEAR OIL 3 .0 $8.96 $8.96 $26.88 g Vol. �J� INVO I C E . -PAGE:`2 PHONE #;,(979)821-1400 DATEf 71*J2021 4:44:07 PM WRI Outdoors CELL #:'(979)220.7037 INVOICE #:-'691947 6290 W HWY 21 Fax #:. CUSTOMER#; ,100694 Bryan, TX 77807 P.o.#::210000007 LocaTIDN:1 Phone #: (979)822-6800 TERMS..Net 10th EOM DELIVERY., . SALES ORDER#: 38811 PICK UP., SALES TYPE:. Work Order TAG #: 6 . CP; COLE,P TECH;. Ro bort B SALES REP:: COLE P - ;;BILGTO 100594 4SHIP;TO BRAZOS COUNTY EXPO COM BRAZOS COUNTY EXPO C OM PO BOX 914 PO BOX 914 BRYAN, TX 77806 BRYAN, TX 77806 " 3: SERVICE a CHANGE FUEL FILTE Tech: Chris C t KAW KAF950FDF JKIAFDF14DB609428 3 MULE 4010 DIESEL 2013 05 . Parts Job 3: $186.70 CHANGED ENGINE OIL AND FILTER CHECKED FRONTAND REAR GEAR OIL CHANGED BOTH FUEL FILTERS BLEW OUT RADIATOR, CHECK FLUID LEVEL REPLACED AIR FILTER REPLACED CONVERTER AIR FILTER INSPECTED STEERING AND ALL. BOOTS INSPECTED SUSPENSION ARMS AND SHOCKS INSPECTED WHEEL HUB BEARINGS INSPECTED BRAKE -HOSES, PADS, PEDAL PLAY, FLUID LEVEL INSPECTED COOLING FAN BELT INSPECTED PARK BRAKE TORQUED WHEEL NUTS, INSPECTED TIRE WEAR LABOR: .DESCRIPTION',- ' : HR3' .RATE AMOUNT.:Ek,. =TOTAL ' YEAR 2013 MFR 'i MODEL NUMBER KAW f KAF950FDF DESCRIPTION/PURCHASE DATE, -';?iM ;;` , MULE 4010 DIESEL 2013 AS V1N/SERIALA •";. ->"'< JKIAFDF14DB505428 MILAGE:/;WARR' 1407712692 $424.20 - KAW $0.00 AFGSOAE052124 1.0RJ2016 3: SERVICE a CHANGE FUEL FILTE Tech: Chris C t KAW KAF950FDF JKIAFDF14DB609428 3 MULE 4010 DIESEL 2013 05 . Parts Job 3: $186.70 CHANGED ENGINE OIL AND FILTER CHECKED FRONTAND REAR GEAR OIL CHANGED BOTH FUEL FILTERS BLEW OUT RADIATOR, CHECK FLUID LEVEL REPLACED AIR FILTER REPLACED CONVERTER AIR FILTER INSPECTED STEERING AND ALL. BOOTS INSPECTED SUSPENSION ARMS AND SHOCKS INSPECTED WHEEL HUB BEARINGS INSPECTED BRAKE -HOSES, PADS, PEDAL PLAY, FLUID LEVEL INSPECTED COOLING FAN BELT INSPECTED PARK BRAKE TORQUED WHEEL NUTS, INSPECTED TIRE WEAR LABOR: .DESCRIPTION',- ' : HR3' .RATE AMOUNT.:Ek,. =TOTAL ' KAW L&G LABOR 2.5 $95.00 $237.50 Hours Job 3: 2.5 Labor Job 3: $237.611 ` Subtotal Job 3: ' $424.20 4: REPAIR FAN CAGE Tech: Chris tKAW KAF950POF JKlAFDF14DB8064283 MULE 4010 DIESEL 201306 Parts Job 4:' $0.00 REMOVED BROKEN FAN CAGE, STRAIGHTENED AND WELDED IT, AND REINSTALLED IT. LABOR ` DESCRIPTIO1Vsa �uf' kir tr •,,. '- HR& u ItATE� w� r tLAMOUKF 4 - E n TOTAL Wit " �. ,.,r ,;. 3 KAW L&G LABOR `1.25 $95.00 $118.75 Hours Job 4: 1.26 Labor Job 4: $118.76 Subtotal Job 4:- 5118.76 No returns on electrical or special order Items. All returns must be accompanied by the original receipt and be made within 30 days. There maybe a 20% restocking fee Imposed on returned items. Thank you for youi business! TOTAL PARTS: $243.99 TOTALLABOR: • $688.76 Exempt ID: 74-6000433 TOTALEXTRAS: $161,38 SUBTOTAL: $1,084.09 TAX: $0.00 INVOICE TOTAL $1,084.09 AMOUNT DUE: $1,084,09 WRI Outdoors • 6290 W HWY 21 Bryan, TX 77807 Phone #::(979)822-6800 L'ft 100594 BRAZOS COUNTY EXPO COM PO BOX 914 BRYAN, TX 77806 I N V 0 I C- E.: aaGE>.3 .: . PHONE#: (9791921.1400 DATE: 719/20214:44:07 PM CELLO: (979)220-7037 INVOICE k 691347 FAX N: .'�USTOMERN; 100694 P.O.: 210000007 LOCATION; 1 TERMS: Net 1Dth EOM DELIVERY, SALES ORDERk 38611 PICK UP SALES TYPE: Work Order TAG&: 6 CP:.COLE P . TECH: Ro bert 8 SALES REP- COLE P BRAZOS COUNTY EXPO C OM PO BOX 914 BRYAN, TX 77806 YEAR MFR:.; 2013 KAW MODEL NUMBER;' ` KAF950FDF DESCRIPTION /PURCHASE DATE ,` MULE 4010 DIESEL 2013 #5 VINNERIALq„ - MIIAGE/WARR•"' JKIAFDF14DB508428 1407712692 KAW AF950AE052124 10/712016 ' AGREEMENT FOR REPLACEMENT OF VARIOUS ROOFS - PHASE II RFP # CIP 21-634 BRAZOS COUNTY, TEXAS Agreement for Construction _ Replacement of Various Roofs—Phase 11- RFP CIP 21-634 Page 1 FVO. 33`L Pc. 13l I TABLE OF ARTICLES 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction — Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 2 Vol. 33� P9.138 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROOFS This Agreement for the construction of the REPLACEMENT OF VARIOUS ROOFS — PHASE I, Brazos County, Texas, in the amount of ONE MILLION, THREE HUNDRED FOURTY FOUR THOUSAND, SEVEN HUNDRED AND FIFTY DOLLARS, AND ZERO CENTS ($ 1.344.750.00) is entered into this 20 day of July 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 21-634 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 Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 3 Vol. 33'1 Pg.1� the Contract, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill 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 11 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. 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 11- RFP CIP 21-634 Page 4 von, �3� pg. 1�-0 .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 costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Agreement for Construction — Replacement of Various Roofs —Phase II - RFP CIP 21-634 Page 5 Vol. 33 Pg.14 1 - Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .18 Agreement/Contract: Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase "the Contract shall" preceding the expressed verb, with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect' and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to Agreement for Construction — Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 6 Vol. Pg.1� be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub -contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document, the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of "work included," "work excluded" and "description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. Agreement for Construction — Replacement of Various Roofs — Phase 11- RFP CIP 21-634 Page 7 Vol. 1-7 Pg. H-3 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 Agreement for Construction — Replacement of Various Roofs — Phase R - RFP CIP 21-634 Page 8 vai._330_ aa. 1<-h4 rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC 1.6.2.1 FORMEngineer may furnish or sell, at an agreed upon cost, to Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to .fullest extent permitted by law, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes, anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub - subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub -subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub -subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub - subcontractor, material. and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, Agreement for Construction— Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 9 Vol. 331 Pg. t �-S any claim or liabilities arising out of such use. 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 Agreement for Construction — Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 10 VOL 351 pg, 14 CO Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person 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 II - RFP C[P 21-634 Page 11 Vol. .�J— Pg.)L+J 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 Agreement for Construction— Replacement of Various Roofs —Phase U - RFP CIP 21-634 Page 12 V0i-_&,0_ pg. )4Y and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 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). Agreement for Construction —Replacement of Various Roofs— Phase R - RFP CIP 21-634 Page 13 I Vol. 33 1 pg. tL4-q 3.3.7 Lavout/grades will be per plans. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for 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. Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 14 Vol. �__ py,-L/,�Q 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Contract, whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractors Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating -reasons therefore and recommending other alternate materials or methods so that the Work, when completed, will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 15 Vol. 33--l— Pg.61_ Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub -subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade Agreement for Construction —Replacement of Various Roofs —Phase R - RFP CIP 21-634 Page 16 VOLS Pg.169 1 discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1) the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $100,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall. not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly (within ten (10) days) after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a Agreement for Construction —Replacement of Various Roofs —Phase II - RFP CIP 21-634 Page 17 Vol. p9. `�3 schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor falls to submit a schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any. schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Agreement for Construction— Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 18 Vol. 33- — Pg. 15�I Contract Documents and approved by the Contractor may be returned by the Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and Sub -contractor represent to the Owner and Engineer that the Contractor and Sub -contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re -submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. if professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other Agreement for Construction — Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 19 voo. 33-1 pg.1� _ submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 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 Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 20 Vol.3 31 pg. 1'5(a shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly 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 BODILYINJURY, 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 Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 21 Vol. �_ P9. 15'I AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION 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 manufacturers 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. Agreement for Construction —Replacement of Various Roofs —Phase II - RFP CIP 21-634 Page 22 VOLS Pg.� 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 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 50: Contractor attains Substantial Completion Day 65: 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 Agreement for Construction— Replacement of Various Roofs —Phase II - RFP CIP 21-634 Page 23 time to time during the correction period described in Paragraph 12.2. The Engineer will advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule. The Engineerwill not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors. shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Agreement for Construction— Replacement of Various Roofs —Phase II - RFP CIP 2I-634 Page 24 Pg. I..loso Documents. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers, their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such -reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by - Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the _Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, Agreement for Construction— Replacement of Various Roofs— Phase II - RFP CIP 21.634 Page 25 Vol. Pg. Jv I and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; 2 Nature of occurrence or condition giving rise to the Claim; .3 Identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non-critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or (2) the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 26 voi. -.330 pg.- I (,oa recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub -paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner, (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, Agreement for Construction — Replacement of Various F Page 27 V01. 3i Pg.J(4)S_. written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or 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. Agreement for Construction— Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 28 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration (if allowed) or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any, the Engineer will either rejector approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there Agreement for Construction — Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 29 Vol. 3—I Pg. X05 is a surety and there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 'DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub—subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub -subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. Agreement for Construction —Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 30 VOL P9.1laQl 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. Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 31 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the 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 II - RFP CIP 21-634 Page 32 poi. 3__3-1___ pg.--L-cg---. , 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any, and Agreement for Construction —Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 33 vol. pg.-[ U9 .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the 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 Agreement for Construction —Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 34 Vol. 3Pg. � 1 � O rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved, work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than fifty (50) calendar days from the date of commencement, subject to adjustments of the time Agreement for Construction — Replacement of Various Roofs — Phase 11- RFP CIP 21-634 Page 35 Vol. 771 pg.�_ for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is 'the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; Agreement for Construction— Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 36 von. �_ v9. I ll a .1 increase number of working hours per shift, shifts per working days, working days per week, or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover Agreement for Construction— Replacement of Various Roofs— Phase II - REP CEP 21-634 Page 37 Vol. J� p gg damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is ONE MILLION, THREE HUNDRED FOURTY FOUR THOUSAND, SEVEN HUNDRED AND FIFTY DOLLARS, AND ZERO CENTS ($ 1,344,750.00) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 38 Vol. �_ pg.11 satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Agreement for Construction — Replacement of Various Roofs — Phase R - RFP CIP 21-634 Page 39 Vol. pg.1-- � Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of. .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; , .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub -contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to 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. Agreement for Construction —Replacement of Various Roofs —Phase II - RFP CIP 21-634 Page 40 Pg Vol. .LIQ 9.6.4'The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law.. 9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7) days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven (7) additional days' written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the Agreement for Construction —Replacement of Various Roofs— Phase Il - RFP CIP 21-634 Page 41 Vol. Pg.ni. requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion, the Contractor shall prepare and submit a list to the Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Agreement for Construction— Replacement of Various Roofs—Phase 11- RFP CIP 21-634 Page 42 Vol. Pg.rlw. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractor's Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed, that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written.notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully Agreement for Construction — Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 43 Vol. � Pg.� ' completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30) days after final Certificate for Payment has 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 II - RFP CIP 21-634 Page 44 i 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 Agreement for Construction —Replacement of Various Roofs —Phase R - RFP CIP 21-634 Page 45 vol. Pg. �_ I of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the.explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of 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 of Various Roofs — Phase II - RFP CIP 21-634 Page 46 Vol. pq�_Asq_ 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 Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 47 Vol. 3Y1 pg._ 1$ shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the 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. Agreement for Constriction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 48 Vol. �3� _ Pg.�'�-� (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non -owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General 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' Agreement for Construction —Replacement of Various Roofs —Phase II - RFP CIP 2I-634 Page 49 voi. 3,3i pg.I K shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $1,000,000 each occurrence $ 2,000,000 aggregate 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 11- RFP CIP 21-634 Page 50 Vol. Pg.JJ(,,o 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 Owners option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. Agreement for Construction — Replacement of Various Roofs —Phase II - RFP CIP 21.634 Page 51 Vol. 'J p 1 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. 11.4.6 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7 Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Engineer's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense Agreement for Construction -- Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 52 Vol. �3� _ Pg.. I Ca unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 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 Agreement for Construction— Replacement of Various Roofs — Phase lI - RFP CIP 21-634 Page 53 in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 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 Agreement for Construction —Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 54 Vol. Pg. Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of 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 Agreement for Construction— Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 55 compensation for the Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector (if any). 13.5.5 If the Engineer, Owner or Project inspector (if any), is to observe tests, inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 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 Agreement for Construction — Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 56 Vol. /.0521� Pg. '��a origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 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. Agreement for Construction— Replacement of Various Roofs —Phase II - RFP CIP 21-634 Page 57 Vol. 331 Pg..1�3 14.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .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 —Replacement of Various Roofs— Phase II - RFP CIP 21-634 Page 58 Fvol. jE:7- ��. 194 .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 16 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 R - RFP CEP 21-634 Page 59 VOL 35--� Pg..166 - j 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— Replacement of Various Roofs — Phase II - RFP CIP 21-634 Page 60 Vol. � 3 pg. lc1(.v_ 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 jgw 2021, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1). to the Engineer for use in the administration of the Contract, and the remainder to the Owner. OWNER: BRAZOS COUNTY, TEXAS zas��� Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 Date: 7 f;. 0 �9-y CONTRACTOR: LESSMAN ROOFING AND SHEETMETAL LLC Date: 7 Z Lessman. Roofing and Sheetmetal LLC Agreement for Construction —Replacement of Various Roofs —Phase H- RFP CIP 21-634 Page 61 Vol. —35-t— pg. -M— Technical Proposal Total 100 1 39.00 J 7334 1' 37.35 .1 73.17 9694 1 37.67 J> 92:OOF' :I 2059 . 39.16 1 SLAG •Does not meet Spedfladom In Addendum 02 •• Does not meet Spederatiom ••BAfll Committee Rem ded Award: le an RooMgaoqnLd S1�heetmetal LLC pproved Commissi es Cc his r�V dayof UI 2021 by '' •�__jj,, holding the pas tion of v:l4 Vol. 3�2_ Pg. RFP 17 CIP 21-634 REPLACEMENT OF VARIOUS ROOFS -PHASE II Tmmble s 4vman Roofing Magilable OR Roofing, United Roofing S, Target Solutions, Atha Universal, [v lohnsan RaoROg, v and SMetmetal Med[RovgN9 Paragon Roan Cotton Ava9able Inc•• Sheetmetal, Inc llC•• Ina lotnntlon Nr•• .Ino•! ffiIC!Ye`, � Systems, Ina. INC` Commesiral USA 1 Total Cost including the contingency $1,901;830.11 $1,744,249,30 $2,019,325.00 $1,744,414.00 $1,653,269.00 $1,743,734.00. Q0W4;7.S0:0oP, $3,392,165.00 $2,226,000.00 $3,247,831.29 Points for Costj 40 28:2& 30.84 26.64 3034 32S4 ..30.85. 15-90. 15.90 24.16 16.56 2 Completion Time 70 60 70 90 60 110.;; 50k-': z`.' 160 50 60 PolntsforTlme 15 •10.71 1250 10.71 833 12.50 6.82 vi I5i00u''i:,_ 4.69 15.00 IL50 3 Past performance an similar pralects ofshe and sm a 10 6 7 8 4 Overall experience of Pro ect Manager &Su erintendent 20 1 17 20 5 Resourceavailabllity 15 9 10 154s;� 12k:;[ 15 Technical Proposal Total 100 1 39.00 J 7334 1' 37.35 .1 73.17 9694 1 37.67 J> 92:OOF' :I 2059 . 39.16 1 SLAG •Does not meet Spedfladom In Addendum 02 •• Does not meet Spederatiom ••BAfll Committee Rem ded Award: le an RooMgaoqnLd S1�heetmetal LLC pproved Commissi es Cc his r�V dayof UI 2021 by '' •�__jj,, holding the pas tion of v:l4 Vol. 3�2_ Pg. PORTABLE TOILET RENTALS FOR BRAZOS COUNTY SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 22-006 Bryan, Texas 77803 Page 1 of 11 Pages Telephone (979) 361-4292 GENERAL REQUIREMENT FOR CONTRACT as a duly authorized representative of _7:;X:4,5 s GoMm4de.e-wd . "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. 1 further agree to all of the provisions and specifications contained in this contract. TERM The term of this contract will be for two (2) years, with the option to renew with three (3) additional one (1) year periods. Term of service will begin October 1, 2021 through September 30; 2023. 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 form1295.1itm, for more Vol. 331 _ Pg.� Contract No. 22-006 BRAZOS COUNTY, TEXAS Page 2 of 11 Pages information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. 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. F l.��'g.� Contract No. 22-006 BRAZOS COUNTY, TEXAS Page 3 of 11 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty (30) days in advance. SUBCONTRACTING Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 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. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid 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. } Contract No. 22-006 BRAZOS COUNTY, TEXAS Page 4 of 11 Pages 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 Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Oficial 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 WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 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. Vol. 33-1 Pg, 9-ag- 1 � �i Contract No. 22-006 BRAZOS COUNTY, TEXAS Page 5 of 11 Pages 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 all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $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 $ 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 approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- 1/oL 3 pq. 'U0�J i U BRAZOS COUNTY, TEXAS U Contract No. 22-006 Page 6 of 11 Pages propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30' days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for contractor including health, property, motor vehicle, workers'. compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOSCOUNTY: Brazos County, Texas . Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Vol. ✓=.i— Pg.q0f� BRAZOS COUNTY, TEXAS Contract No. 22-006 Page 7 of 11 Pages CONTRACTOR: Sales Contract Name: Phone Number: Billing Info: 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 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. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. 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. vos. '3tq Pg. `a05 Contract No. 22-006 BRAZOS COUNTY, TEXAS Page 8 of 11 -Pages The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect fumished 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. BRAZOS COUNTY, TEXAS Contract No. 22-006 Page 9 of 11 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.) 0 GO A) Vol. pq.- 901 BRAZOS COUNTY, TEXAS Contract No. 22-006 Page 10 of 11 Pages HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, 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: JA1FX,4S GOMMG/a 4c_ Authorized Company Representative: 10"&4 e_,A 5c44M f o ; Address: Signature: Date: 6-11-a ! Contract #: BRAZOS COUNTY, TEXAS fel Contract No. 22-006 Page 11 of 11 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Title: Typed Name: / a,t R i -A -<,,,W A „o .— Company Name: "_f `_„K4 C 0G,,,,N, .Q? L , Phone Number: -�`%'T i Email Address: Mailing Address: G P.O. Box or Street Zip Employer Identification Number: 919 oved by mmission ' Court on this day of 2021 by Holding the position of EVoi0q � �P9�-= J- U EXHIBIT "A" IQ # 22=006 Portable Toilet Rental for Brazos County Contract Term: October 1, 2021— September 30, 2023 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing Department; 200 South Texas Ave., Suite 352, Bryan, TX 77803 in a sealed envelope clearly marked "IQ #22-006 Portable Toilet Rentals for Brazos County". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department prior to 2:00 p.m.,, Tuesday, June 15, 2021 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for portable toilet rental. All other tools implements, personnel, supervision, labor, supplies, equipment, delivery, vehicles, and all effort necessary to carry out the services as required for this operation will be provided by the successful bidder. Prices quoted shall be for a two (2) year period, with an option for renewal for three (3) additional one (1) year periods. A. SPECIFICATIONS 1. Contractor shall provide one portable toilet per location. 2. Contractor shall service and maintain each portable toilet at least one time every week or on an as needed basis. 3. Contractor must be able to provide additional portable toilets to locations on an as needed basis. Road and Bridge Department will frequently request additional portable toilets for other locations not listed. 4. Contractor shall include any fees associated with delivery, maintenance, servicing and or pickup of equipment in the quote provided. 5. Contractor shall send one invoice per month to the Road and Bridge Department. Invoice shall be itemized with each location and address and cost per location. 6. Contractor shall comply with Federal, State and local laws and regulations to ensure compliance with applicable waste hauling and disposal. B. LOCATIONS, Collection Sites 1. 21303 Kathy Fleming Rd 2. 12722 Copperhead Rd 3. 10940 South Hwy 30 4. 7250 Raymond Stotzer Pkwy (FM60) 5. 9125 Mumford Rd 6. 1495 Silver Hill Rd County Yards 7. Copperhead Yard 2807 FM 2038 Exhibit A age 1 615 Vol'. pg. , U 8. Ferrill Creek Yard 13071 Ferrill Creek Rd 9. Wellborn Yard 15227 Royder Road 10. Hwy 21 Yard 2617 Highway 21 West 11. Chaco Canyon Yard Indian Lakes 12. Kathy Fleming Yard 21555 Kathy Fleming Road C. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. A full description of insurance requirements is listed in the attached contract. D. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. E. MISCELLANEOUS 1. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at www.brazosbid.ionwave.net. Any questions received via email or phone call will not be answered. F. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. Full description of insurance requirements is listed in the attached Contract. G. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: Exhibit A Page 2 of 5 Vol. —:2:2 1 Pg•� a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. H. MISCELLANEOUS 1. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley e -Marketplace located at www.brazosbid.ionwave.net. Any questions received via email or phone call will not be answered. 3. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid 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. Exhibit A Page of5 Vol. p9 �a7 I. QUOTES ' 1. Fill out section below and hand deliver or mail to the Brazos County Purchasing Department 200 South Texas Ave. Suite 352, Bryan, TX 77803 in a sealed envelope clearly marked "IQ #22-006 Portable Toilet Rental". Include the signed contract and `a •copy .of the required insurance with the submission of quotes. • The. required insurance is listed in the attached contract. Quotes must be received. by the Brazos County Purchasing Denartment by 2:00n.m. Tuesday. June 15. 2021 or thev .will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing: proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Exhibit A Page 4 of 5 V0 1. 311 pg. a 15 LOCATIONS COLLECTION SITES Cost/Month Cost/Year o, 0 1. 21303 Kathy Fleming Rd C-1-, , oo 0, O0 2. 12722 Copperhead Rd 3. 10940 South Hwy 30 Go 00 v vo 4. 7250 Raymond Stotzer Pkwy (FM60) Go, 00 A6, cop 5. 9125 Mumford Rd (a. Cao o 00 6. 1495 Silver Hill Rd '9A0, c40 COUNTY YARDS 7. Copperhead Yard 2807.FM 2038 60,00 PM 6. 0 8. Ferri ll Creek -Yard 13071 Ferrill Creek Rd &,Co vp 9. Wellborn Yard 15227 Royder Road 4D , 00 7,20.00 10. Hwy 21 Yard 2617 Highway 21 West Go,ov 11. Chaco Canyon Yard Indian Lakes Go ovj,2o�ry� 12. Kathy Fleming Yard 21555 Kathy Fleming Road Go. oo Cost/Mont/FT Cost for extra portable Toilet Rental (for'R&B Projects as deemed necessary by R&B) 50,00 Exhibit A Page 4 of 5 V0 1. 311 pg. a 15 J. CONTRACTOR QUOTE CERTIFICATION The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: ExA Q GoM �i �s 6LZ=4 Tax ID M -/ Address: Email: Telephone M TT q-' mss.g/ 7/ Printed Name: Signature of Al Exhibit A Page 5 of 5 f t #22-006 Portable Toilet Rental October 1, 2021- September 30, 2023 Tabulation Location Texas Commercial Waste Howdy Enterprises* Cost/Month Cost Year ' Cost/Month Cost/Year Sites -Collection 21303 Kathy Fleming Rd _06;00 7206.06 50.00 $ 600.00 12722 Copperhead Rd 60 720 0.0 $ 50.00 $ 600.00 10940 South Hwy 30 00 720,00, $ 50.00 $ 600.00 7250 Raymond Stotzer Pkwy (FM60) $ 60.00 $ .4720.06 $ 50.00 $ 600.00 9125 Mumford Rd $ 60600; $ 50.00 $ 600.00 1495 Silver Hill Rd $ 64.0 t 726::00„ $ 50.00 $ 600.00 County Yards Copperhead Yard 2807 FM 2038 $ 60.00 72'0,00. $ 50.00 $ 600.00 Ferrill Creek Yard 13071 Ferrill Creek Rd 5.00 $ .720..00 $ 50.00 $ 600.00 Wellborn Yard 15227 Royder Road 60.00 $ 720,00. $ 50.00 $ 600.00 Hwy 21 Yard 2617 Highway 21 West 60.00. $ 720M $ 50.00 $ 600.00 Chaco Canyon'Yard Indian Lakes 60:0.0 $ 720.00 $ '50.00 $ 600.00 Kathy Fleming Yard 21555 Kathy Fleming Road $ Ovpol $ -7.20.00. $ 50.00 600.00 Cost/Month/PT Cost/Month/PT Cost for extra portable Toilet Rental (Road & Bridge will determine when and where this is needed - $50.00 $50.00 Notes: *Disqualified per V.T.C.A. Local Government Code 262.0276 Recommend award to: Texas Commercial Waste pp d by Com issionees rt on this day of i 2021 by --ho ing the position of trJuvib TIAAX, Vol. Pg.- AMENDMENT TO 21-004R CELL CHECK SOFTWARE SYSTEM THIS AMENDMENT TO 21-004R CELL CHECK SOFTWARE SYSTEM ("Amendment") is entered into and effective this 2nd day of July 2021 (`Effective Date") by and between Brazos County ("Customer"), and Guardian RFID. ("Contractor") each of which may alternatively be referred to herein' as a "Parry" 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 # 21-004R ("Agreement") for purposes of Guardian RFID to- provide of the service of cell check software system; and WHEREAS, the Parties desire to amend the pricing as set forth in original contract # 21-004R. 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 fee for additional operational intelligence software in the amount of $4,999.00 shall be as set forth in amended agreement for 22-004R Cell Check Software System, a copy of which is attached hereto and incorporated herein. 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 ipstrument. Electronic or facsimile signatures are acceptable forms of execution ofendmend shall be binding on all Parties hereto. Signature t7V,o`ne, Pc�ti5 Name Cou,n!-jl Su►.k c T7tl7 Date GUARDIAN RFID Signature Name Title 7 -a -a oa i Date VOIL pg., i Gu,RviaNRFID Company Address 6900 Wedgwood Rd. N, Suite 325 Created Date 611612021 Maple Grove, Minnesota 55311 Expiration Date 5/31/2021 United States Quote Name Brazos County (TX) OI Quote Number 00003805 Prepared By Daniel Quam Contact Title Lt. Email daniet.quam@guardianfd.com Contact Name Kevin Stuart Phone (979) 361.4876 Email kstuart@brazoscountytx.gov Note Please note that some items in this quote will Increase your SRF by $7,495 in 2023 to a total SRF of $28,994 annually. • .r. FdinY GUARDIAN RFID@ Officer Key Fob Hardware 180.00 $5.00 $0.00 None NIA GUARDIAN RFID@ Operational Intelligence"' Level 6411.1cense Software, 1,00 $7,495.00. $7,495.00 N/A:, NIA ; :(501'1060 beds) 3 GUARDIAN RFID@ Showcase Partner Software 1.00 (S2,496.00) ($2,496.00) None NIA Subtotal $5,899.00 Total Price $4,999.00 Grand Total $4,999.00 GUARDIAN RFID Addendum to System Agreement 12 @2021 GUARDIAN RFID. All rights reserved. GUARDIAN is a U.S. registered trademark. Confidei tial & Proprietary. (Rev. 612021) Vol .�J Pg. 0GUARDIANWiD ADDENDUM NO. [1] TO THE GUARDIAN RFID SYSTEM AGREEMENT Dated as of June 11, 2021 THIS ADDENDUM N0.[1] (the "Addendum") to the GUARDIAN RFID System Agreement executed on June 30, 2015 (the "Agreement') is made by and between Codex Corporation d/b/a GUARDIAN RFID, a Minnesota corporation ("GUARDIAN RFID") and Brazos Co. Sheriffs Office, ("Customer"). Capitalized terms not defined in this Amendment shall have the meanings ascribed to them in the Agreement. WHEREAS, pursuant to the Agreement, GUARDIAN RFID provides Customer with a non-exclusive license to use Guardian's proprietary products; and WHEREAS, Customer and GUARDIAN RFID desire to add additional offerings to the Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements in this Addendum and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree to amend the Agreement as follows: Customer will add the following products to the Agreement at the prices set forth herein: See quote on following page. GUARDIAN RFID Addendum to System Agreement 11 ©2021 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. Confidential & Proprietary. (Rev. 612021) Vol. � Pg, 100 l GUARDIANRFID Otherwise as set forth herein, the remaining terms of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, this Amendment shall be effective as of the date first written above and thereupon become a part of the Agreement. GUARDIAN RFID By: (signature of authorized representative) Name: Ken Dalley Title: President Date: June 11. 2021 CUSTOMER By: (signature of authorized representative) Name: tbtlaf%G pc )roS Title: ?AA Date: 79.0 2. GUARDIAN RFID Addendum to System Agreement 13 02021 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S, registered trademark. nfidential & Proprietary. (Rev. 6/2021) AMENDMENT 92 TO 2016-004 FIRE. ALARM MONITORING THIS AMENDMENT #2 TO 2016-004 FIRE ALARM MONITORING ("Amendment") is entered into and effective this 20th day of July 2021 ("Effective Date") by and between Brazos County -("Customer"), and A-1 Fire & Security Equipment Company. ("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 # 2016-004 ("Agreement") for purposes of A-1 Fire & Security Equipment Company to provide of the service of fire alarm monitoring. WHEREAS, the Parties desire to amend the contracts as set forth in original contract # 2016-004. 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 addition of Fire Starlink #9183236 to the Brazos County AgriLife Extension Office shall add $50.00 monthly monitoring rate to the contract. The bid tabulation should reflect as such. 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. Signature ,Nk ne- fie-;tlS Name Count/ Title 7/9.0%1 Date A=& URITY EQUIPMENT CO. Signature i Ig- T -1+C fi S h �d Name � /S 44:2� l Title Date ALARM MONITORING AGREEMENT A-1 Fire & Security Equipment Company 1618 Exchange Parkway, Waco, Texas 76712 (254) 776-8887 Dealer State License # B-06269/ACR-1984 THIS AGREEMENT DATED THIS 06/30 120 21 .IS MADE BY AND BETWEEN A-1 FIRE &SECURITY EQUIPMENT CO. (COMPANY AND THE FOLLOWING SUBSCRIBER(S) ('SUBSCRIBER"): SUBSCRIBER I Brazos Co. Agri -Life Extension Bldg. SUBSCRIBER 0-1 DRIVER'S LICENSE OR GOVERNMENT ID: ADDRESS 4153 Co. Park Court CITY: Bryan an STATE: TX ZIP: 77802 TELEPHONEff(s): BUSINESS NAME: TAX ID #: INSTALLATION TYPE: CHECK ONE ❑ RESIDENTIAL BY OWNER ❑ COMMERCIAL ❑ RESIDENTIAL BY RENTER COMMUNICATIONS UNIT MAKE AND MODEL 0. Fire Starlink PANEL PHONE NUMBER. Fire Starlink #9183236 INSTALLATION FEES WA MONTHLY MONITORING RATE- S 50.00 TAX S wA TOTAL S 50.00 SUBSCRIBER(S) ACKNOWLEDGE THAT THIS IS A FIRE ALARM MONITORING AGREEMENT ('AGREEMENT'). THE TOTAL MONTHLY MONITORING RATE WILL BE BILLED: uamer ^LSUBSCRIOCR.(I)j1 ITIA1:S;1 SUBSCRIBER (2) INITIALS-. MONITORING TYPE: CHECK ALL THAT APPLY ❑ DIGITAL ❑TWO-WAY VOICE 0 CELLULAR tUT1i0RIZEI),IT�DIVIDUALS?O'BE:NOT1FIh V'GALL LIST) {I =NSM ?, TF PII01E'NUtiDERfi•E:1iAIL:ADDRESSI Pr1SSCODE' : �Q11iCLATIONSHIP 1 _ ora• W1 J I I a v BURGLARY — SIGNAL TYPE AGENCY TELEPHONE NUMBER FIRE MEDICAL ALARM SYSTEM EOUtPMENT INSTALLED ZONE 7TEAi LOCATION ZONE ITEM LOCATION „ — -- aw -- anu r ransmnmr k communications unit ) ro Ycrtorm Monitoring Services: :113— Terms of Communications Unit Service. Upon expiration of any applicable limited warranty, the Company agrees to provide repair service to the system on a time and materials basis. Work will be performed during normal business hours of a:oo a.m. to 5:00 p.m. ("Normal Business Hours"Y, Monday - Friday, within reasonable time of receiving notice from the Subscriber that service is required, exclusive of Saturday, Sunday, and legal holidays. The Company's obligation to provide repair services does not cover batteries or physical damage, nor does it apply if caused by unauthorized intrusion, lightning, electrical surges, acts beyond the Company's control, acts of God, or caused by any means other than normal wear and tear. Repairs shall be made at the cost of the Subscriber and billed separately from the total monthly monitoring rate. Company is not responsible for the malfunction of arty remote access through a third party app. Monthly Payment for Monitoring Service. Subscriber agrees to pay Company, or its assignee, the monthly alarm monitoring service fee suin of $ 50.00 , plus any applicable taxes, or fees, for central station monitoring service, for the full period of this Agreement. Term of Agreement. The term of this Agreement shall be for a period of as months ("Initial Term") and shall renew automatically for a period of 12 months ("Subsequent Term") unless either party gives written notice to the other by certified mail, return receipt requested, of its intention not to renew the contract at least 30 days prior to the expiration of any tern. Should the automatic renewal for the Subsequent Terms be deemed void, the Agreement shall renew automatically on a month-to-month basis after Ute expiration of any term under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of its intention not to renew the contract at least 30 days prior to the expiration of any term. Company shall have the right to assign this Agreement's billing and collection rights to any other person, company, corporation, association, or entity without notice to the Subscriber. Company shall be allowed to assign any right, title, or interest it may possess in the Communication Unit or in equipment or hardware of any kind. Subscriber shall not have the right to assign this Agreement. BY SIGNING BELOW SUBSCRIBERS) ACKNOWLEDGE THAT SUBSCRIBER(S) HAVE RECEIVED A COPY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS, HAVE READ AND UNDERSTOOD THEM, ESPECIALLY THOSE SECTIONS RELATING TO THE SUBSCRIBER'S INDEMNIFICATION OF THE COMPANY AND THE COMPANY'S LIMITED LIABILITY.AND WARRANTY IN ADDITION TO OTHER TERMS AND CONDITIONS OF THIS CONTRACT. NOTICE OF CANCELLATI ANYTIME PRIOR TO MIDIG: CANCELLATION FORM F10 A s .<S6 8SCRIBER'(1):SIGNATURC COMBAI Y PRE ENTA IVIS ONLY): YOU, THE SUBSCRIBER, MAY CANCEL THIS AGREEMENT AT OF THIS TRANSACTION. SEE ATTACHED PAGE THREE (3) NOTICE•' OF (2) Vol. '�i�i P g. 9Yd�l somee S. Monitoring Station. Subscriber agrees that ifContpany's monitoring station facility ("Monitoring Station"), phone network, or other communication transmission method is damaged, destroyed, interrupted, circumvented, compromised, or malfunctions for any reason, service is automatically suspended without notice and without liability to Company. Subscriber also agrees to provide consent to the recording and use of telephonic, video and/or other communications and Subscriber agrees that the Company is the agent of the Subscriber for the purpose of giving direction to the Monitoring Station. Subscriber further acknowledges, understands, and agrees that Company and Monitoring Station are independent contractors and are not partners or joint ventures. 6. CENTRAL STATION MONITORING. Upon receipt of a signal from the Subscriber's Communications Unit, Monitoring Station shall make every reasonable effort to notify Subscriber and/or the designated local authorities via telephone call, text message or any other electronic means available. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments arc not monitored by personnel of Company's communication's center and company does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals are transmitted over telephone lines, wvirc, airwaves or other modes,of communication networks, which are wholly beyond the control of Company and are not maintained by Company and therefore Company shall not be responsible for any equipment failure, which prevents transmission signals from reaching Monitoring Station, or for any damages arising therefrom. Subscriber agrees to furnish Company with and maintain an accurate written list of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals, All changes and revisions shall be supplied to Company in writing. Subscriber authorizes Company to access control panel to input or delete data and programming. If the Communications Unit contains listening devices permitting Monitoring Station to monitor sound, then upon receipt of an alarm signal Monitoring Station shall monitor sound for so long as Monitoring Station in its sole discretion deems it appropriate to confirm an alarm signal. IfSubscriber requests Company to remotely access the control panel for purposes of, but not limited to, arming/disarming, pass code changes, openings/closings, or programming changes,. Subscriber shall pay Company S25.0a for each such service. 7. NO WARRANTIES OR REPRESENTATIONS: SUBSCRIBER'S EXCLUSIVE REMEDY: Company does not represent nor warrant that Subscriber's alarm system, monitoring service, or any third -part' app, website, or automation system will prevent any loss, damage or injury to person or property, by reason of burglary, theft, hold-up, fire, or other cause, or that the alarm system will in all enses provide the protection for which it is installed or intended. Subscriber acknowledges (lint Company is not an Insurer, and the Subscriber assumes all risk for loss or damage to Subscriber's premises or its contents. Nothing shall be construed to exclude, modify or limit warranties of merchantability or fitness or any remedy provided by law of breach. Subscriber's remedy for Company's default hereunder is to require Company to repair or replace, at Company's option, any Communications Unit covered by this Agreement which is non -operational. Company provides no express or implied warranties including any w nrrantyofinerchautabilit'orfitness other than any set forth in this Agreement. 8. EXCULPATORY CLAUSE: The parties agree that Company is not an insurer and no insurance coverage is offered herein. Subscriber's payments to Company are for monitoring services, Company does not guarantee that no loss will occur. Company, its subcontractors nor the monitoring center are not assuming liability and therefore shall not be liable to Subscriber for any loss or damages sustained by Subscriber as a result of burglary, theft, hold-up, fire, equipment failure, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by, or contributed to, by Company, its subcontractors or the monitoring centers negligent performance or failure to perform any obligation. 9. LIMITATION OF LIABILITY: THE PARTIES AGREE THAT THE COMMUNICATIONS UNIT AND MONITORING, INCLUDING ANY THIRD - PARTY APP, WEBSITE, OR AUTOMATION SYSTEM IS NOT DESIGNED OR GUARANTEED TO PREVENT ANY LOSS BY BURGLARY, THEFT AND OTHER ILLEGAL ACTS OF THIRD PARTIES, OR LOSS BY FIRE, SMOKE, WATER OR ANOTHER CAUSE. IF, NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY ON THE PART OF THE COMPANY AS A RESULT OF BURGLARY, THEFT, IIOLD-UP, FIRE, SMOKE OR ANY CAUSE WHATSOEVER REGARDLESS OF WHETIIER OR NOT SUCH LOSS, DAMAGE, PERSONAL INJURY WAS. CAUSED BY, OR CONTRIBUTED TO, BY COMPANY'S NEGLIGENCE TO ANY DEGREE OR FAILURE TO PERFORM ANY OBLIGATION, SUCH LIABILITY WILL BE LIMITED TO THE SUM OFS250.00. IF SUBSCRIBER WISHES COMPANY TO ASSUME A GREATER LIABILITY, CUSTOMER MAY OBTAIN FROM COMPANY A HIGIiER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL PERIODIC SERVICE CHARGE, THE TERMS OF WHICH WOULD BE SET FORTH IN A RIDER TO THIS AGREEMENT. SUCH J AN ADDITIONAL OBLIGATION SHALL NOT BE INTERPRETED TO HOLD COMPANY AS AN INSURER. 10. CALL LIST: Subscriber, for him/her/itscirand as the authorized agent of each person on the Call List, consents to Dealer and monitoring center calling each such person's cell phone or other mobile device. 11. CARE OF COMMUNICATIONS UNIT: Subscriber agrees not to tamper with, remove or otherwise interfere with the Communications Unit, which shall remain in the same location as installed and Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of any painting, alteration, remodeling or damage, including.damage caused by unauthorized intrusion to the premises, lightning or electrical surge, except for ordinary wearand tear, in which event repair or replacement shall be made by Company without additional -charge. 12. ALTERATION OF PREMISES FOR INSTALLATION AND SERVICE: Company is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing deemed necessary in Company's sole discretion for the installation, service, or removal of the Communications Unit, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation and servicing of the Communications Unit under this Agreement. 13. SUBSCRIBER'S DUTY TO SUPPLY: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC receptacles, telephone hook-ups, RJ -31 block or equivalent, Internet connection, high speed broadband cable or DSL and IP address, as deemed necessary, by Company. Company does not provide Internet, phone, or electricity service and is not responsible for Subscriber's access to the Internet, phone, or electricity. Company is not responsible for any interruption of servicc to any remote access caused by Subscriber's Internet service, phone, electricity, or any other interruption of service out of'the control of Company. Subscriber hereby authorizes Company to access its Internet network. Company is not responsible for any third -party access. It is the sole responsibility ofSubscriber to secure its Internet network. 14. TESTING AND SERVICE OF COMMUNICATIONS UNIT: The parties hereto agree that Communications Unit, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Communications Unit monthly and to notify Company if it is in need of repair. Provided the Subscriber agrees to pay on a time and materials basis, Company shall service the Communications Unit to the best of its ability within three (3) business days, exclusive of Saturday, Sunday and legal holidays, during Normal Business Hours, Monday thru Friday. Only the Communications Unit listed is covered by service. It shall be Subscriber's sole responsibility to maintain the Communications Unit in working order. I5. LIEN LAR' NOTICE: Any contractor, subcontractor, or material man who provides home goods or services pursuant to this Agreement and is not paid, may have a valid legal claim against Subscriber's real property known as a mechanic's lien. Any mechanic's lien riled against subscriber's property may be discharged. Payment of the agreed upon price under this Agreement must be made prior to the filing of a mechanic's lien. Subscriber or owner of the property may contact an attorney to determine his rights to discharge a mechanic's lien. 16. SUBCONTRACTORS: This Agreement shall inure to the benefit of and is applicable to any subcontractors engaged by Company to provide any service set forth in the Agreement, in addition to any assignees, manufacturers, and vendors, and the terms of this Agreement are binding on Subscriber as to each subcontractor, assignee, manufacturer, and vendor. Subscriber hereby agrees that Company may subcontract any of the services provided under this Agreement 17. LEGAL ACTION: The parties agree due to the nature of services provided by the Company, and whereas the payments to be made by the Subscriber for the term of this Agreement form an integral part of Company's anticipated profits; that in the event of Subscriber's default it would be difficult ifnot impossible to fix Company's actual damages. Therefore, in the event Subscriber defaults in the payment of any charges to be paid to the Company, the balance of all monthly monitoring service payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80% orthe value of the value of the Communications Unit as liquidated damages and Company shall be permitted to remotely re -program or delete any programming without relieving Subscriber of any obligation herein. In the event of Subscriber's breach of this Agreement, Company may at its option either remove. the Communications Unit or deem sold to the Subscriber for 80% of the amount specified as the value of the Communications Unit pursuant to paragraph one (1) on page one (1) of this Agreement in addition to the liquidated damages provided for herein. In any litigation between the parties, Subscriber shall be liable for Company's legal fees. The parties waive trial by jury in any action between them. All actions or proceedings against Company must be based on the provisions of this Agreement. 4:il:lnitlal=:I JJ X�� Vo L 18. INSURANCE: Company shall not be responsible for any portion of any loss or damage %which is recovered or recoverable by the Subscriber from insurance covering such loss or damage against which the Subscriber is indemnified or insured. 19. INDEb1NITYAlIAIVER OF SUBROGATION RIGHTS; ASSiGNMENTS AND DELEGATION: SUBSCRIBER AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS EMPLOYEES, AGENTS, ASSIGNS, AND SUBCONTRACTORS, FROM AND AGAINST ALL CLAIMS, LAWSUITS, INCLUDING REASONABLE ATTORNEYS' FEES AND LOSSES, ASSERTED AGAINST AND ALLEGED TO BE CAUSED BY COMPANY"S PERFORMANCE, NEGLIGENCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT. The parties agree that there are no third pony bcneticiarics of this contract except as provided below. Subscriber on its behalf and any insurance carrier waives any riglit of subrogation Subscriber's insurance carrier may otherwise have against Company or Company's subcontractors arising out of this Agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this Agreement without written consent of Company. Company may sell, transfbr, encumber or assign its right, title and interest in the monthly monitoring service fees owed under this Agreement to an assignee. Any assignee of -Company will have ad of Company's rights under this Agreement to bill and collect the monthly monitoring service fees owed under this Agreement but none of the obligations. Subscriber agrees that an assignee has no right, title or interest In the Communication Unit, nor does an assignee have any service or maintenance obligations of the Communication Unit, nor does the assignee have any responsibility for the selection or satisfactory performance of the Subscriber's Communications Unit or alar monitoring service and Subscriber will settle any claims, defenses, setoffs they may have directly with Company or any third party without affecting Subscriber's obligations to pay without offset or abatement to assignee. 20. SECURITY INTEREST: Subscriber grants Company a security interest in the Communications Unit and all other security equipment installed by Company (the "Collateral") and Company is authorized to file a financing statement on the Collateral. 21. LIMITATION OF ACTIONS: No lawsuit or action under this Agreement by Subscriber may be brought unless the action is started within two (2) years after the occurrence causing the loss, injury, or damage or the soonest duration permitted under applicable law ifsuch a period is greater than one year. Any lawsuit or action must be riled in the city where the Company is located. 22. FALSE ALARMS AND PERMITS: Company shall have no liability for false alarms, false alar fines, police response, or refusal of police to respond. In the event of termination of police response by the municipal police this Agreement shall nevertheless remain in full force, and Subscriber shall remain liable for all payments provided for herein. Should Company be required, by existing or hereinafter enacted law to perform any service or fumish any material not specifically covered by the terms of this Agreement, Subscriber agrees to pay Company for such service. ilia Subscriber agrees to obtain all licenses and pay all taxes, lines and other assessments, including sales/use tax, no Company's fees are based upon existing taxes and charges, and the Company can increase the Company's fees to reflect changes in base taxes or charges. The Subscriber agrees to check with the local municipality to determine whether any licenses or permits are needed. 23. FORCE MAJEURE: Company shall not be in breach of this Agreement and shall not be liable for any non-performance or delay in performance if such non- performance or delay is due to a force majeure event or other circumstances beyond Company's reasonable control, including but not limited to shortages of labor, energy, fuel, machinery or materials, war, civil unrest, any government act, law or regulation, including any judicial order or decree, any communication or power failure, labor dispute, natural disaster, fire, flood, earthquake, explosion, terrorist actor Act of God. Further, Company shall not be in breach of this Agreement and shall not be liable for any non-performance or delay in performance if such non-performance or delay is due to runaways, excessive signal in& or problem accounts. 24 FULL AGREEMENT SEVERABILITY: This Agreement constitutes lite full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties. This Agreement supersedes all prior -negotiations contracts, statements, and oral agreements between the parties, which are deemed merged into this Agreement. Should any provision of this Agreement be deemed void, the remaining parts shall not be effected except that in the event that Company issues a UL certificate to Subscriber or provides Fre alar monitoring, Companywill comply with Underwriters Laboratory, Inc., NFPA 72 and any other local law requirements regarding notifications or items ofprotection provided for in this Agreement, 25. GOVERNING LAZY: This Agreement shall be governed by and construed in accordance with the laws of the Company's location. 26. MANNER OF EXECUTION: Facsimile signatures shall be deemed as fWly enforceable valid signatures as ifthey were original signatures. 27. LICENSE NUMBERS: Texas Private Security Bureau License r9: Ae11•1- 28. COMPLAINTS: You may direct complaints to the Texas Private Security Bureau at Texas Department of Public Surety Private Security— MSC 0241, P.O. Box 4087 Austin, Texas 78773.0001 or (512) 424-7293. •i a.'tfnitlYW 3 1 e7 Company Name/Addressffelephone: System/Account #: A-1 FIRE & SECURITY EQUIPMENT CO. Monitoring Acct. #10334640 BUYER'S RIGHT TO CANCEL AND NOTICE OF CANCELLATION Date of Transaction: 06/30/21 YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED 1N, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN TWENTY (20) DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. TO CANCEL THIS TRANSACTION, MAIL, FAX OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO MERCHANT AT: 1618 EXCHANGE PARKWAY, WACO, TX 76712 ATTN: CANCELLATION DEPARTMENT. NOT LATER THAN MIDNIGHT OF 07/06/21 (date). Fax Number: 254-776-8854 ACKNOWLEDGEMENT OFRECEIPT I have received two copies of this Buyer's Right to Cancel and Notice of. Cancellation Subscriber: M uy 's �toancel and Notice of Cancellation 4 VO� � P9 aau � Company Name/Address/Telephone: System/Account #: A-1 FIRE & SECURITY EQUIPMENT CO. Monitoring ACCP. #10334640 An�titnatirPiiment Aiithor�s7tton ,' By the terms of the Alarm Monitoring Agreement ("Agreement") bearing the'System/Account Number listed above, and incorporated herein by reference, Subscriber (called "I", "me", my" or "mine") has agreed to make regular monthly payments to "Company or its assignee (called "you", "your", and "yours"). By signing below, I have chosen to make all payments owed to you under the Agreement by the method selected below and authorize my Bank or credit card company shown below to: A) debit my checking account if I have selected Option A; or B) charge my credit or debit card if I have selected Option B,. to pay you on the payment due date, the Monthly Payment owed by me each month under the Agreement. I agree that if a Monthly Payment or other amount cannot be collected for any reason when due that continued attempts may be made to debit or charge the designated account .for the amount owed until payment in full has been received. I agree to maintain a deposit or credit balance in the designated account sufficient to make all Monthly Payments when due and also to pay for any other amounts owed under the. Agreement, including past due amounts and default charges, if any. '�irt�plele'o�rljt'die'iif 11ie fo(loitii�i�+ <,w A: ETT Direct Payment: Name on Checking Account: Routing #: Account #: B: Credit Card -Direct Debit Charge to My Credit Card: OVISA Master Card Name as it appears on the Card: Account #: FIAMEX FIDiscover Expiration pate: Notice: I understand that the Automatic Payment Method selected by me will remain in effect until canceled by you or me. If I prefer to pay by check, I may make arrangements to do so by contacting you. �T' 'Ef:Nalne otic Payment Authorization — Alarm Monitoring Agreement f �='rir'1nitlalsi- - ,C� C Vol. �J�� P9. �5 EXEIC= EGGINEEHS Jolla Co -fancy DOCUM EMS COEIAUIIEE Change Order No. 1 Date of Issuance: 7/06/2021 Effective Date: Owner: Brazos County, Texas Owner's Contract No.: Contractor: Larry Young & Paving; Inc. Engineer's Project No.: 18-0744-01 Project: I&GN Roadway Failure Contract Name: The Contract is modified as follows upon execution of this Change Order: •x- 103 Soil Retention Blanket LS 1 $12,700 $12,700 203 Remove and Salvage Existing Guardrail LF 220 $3.75 $825 404 Lime for Stabilization TON 66.13 178 $11,771.14 410 Reinstall Guardrail w/ Turn Downs LF 220 $22 $4840 Reduce contract price to remove' unused county contingency F-FBrazos County Contingency Original Amount: Remaining Amount: 8125.000.00 1 $125.000.00 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: 135 Days .Substantial Completion: March 24, 2021 $1.455,581.00 Ready for Final Payment:. March 31, 2021 [Increase] [Decrease] from previously approved Change [increase] [Decrease] from previously approved Change Orders. No. 0 to No. 0.: Orders No. '0 to No. 0 : Substantial Completion: arch 24, 2021 $ 0.00 Ready for Final Payment: March 31, 2021 days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: March 24, 2021 $.1,455,581.00 Ready for Final Payment: March 31, 2021 Net Change of this Change Order: Increase of this Change Order: -($155,136.14) Substantial Completion: March 24, 2021 Ready for Final Payment: March 31, 2021 Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: March 24, 2021 $1,300,444.86 Ready for Final Payment: March 31, 2021 E1CDC° D-941, Change Order. Prepared and published 2016 by the Engineers Joint Contract Documents Committee. Pagel of 2 7m��W, -- � 1 EJCDCO ENGINEERS JOINT w fmr OOGUIdEUTS COMMITTEE APPROVED: ��' � ACC�TED: By: /r By: Contractor'(Authorized Signature) Owner'(Authorized Signature) �04"1� Title: Title LILA Date: '� ((b �� 2 ( Date 7 910 /,a 1 RECOMMENDED: By: Juan Valadez Date 7/06/2021 Title: Project Manager EJCDC' D-941, Change Order. Prepared and published 2016 by the Engineers Joint Contract Documents Committee. 2of2 von. 3— �g. �2`I July 07, 2021 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 M (979) 361-4293 G & L Wastewater Services, LLC P.O. Box 2393 Brenham, TX 77834 Re. Renewal of Contract #22-0128 for Grit Trap Pumping for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Grit Trap Pumping 22-012R, previously known as 20-135R All terms, conditions, and pricing shall remain, the same. This renewal term will be for one year from October 1, 2021 to September 30, 2022. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Ilopez@brazoscountybLgov 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. Ifyou have any questions, I may be reached at (979) 36t-4291. Contact Name:An)v E -Mail• A ISCL"')-h Oq I� P64 1-1 Telephone: U. - G & L WAAT E CES, LC Authorized Signature Date Duane Peters, County Judge #22-01211 GRIT TRAP PUMPING Previously: #20-135 October 1, 2021 - September 30, 2022 G&L Wastewater LLC, Cost per Gallon Pumped Location Exposition Center - 750 $0.75 Gallon Tank Exposition Center - 500 $0.75 Gallon Tank Fleet Services - 2000 Gallon $0.75 Tank HOW many days will service be done after request for 2 days service? 2nd of 3 Renewals: G&L Wastewater, LLC d tt2t� his OW day of .1 U`�� , 2021 by 04 holding the position of fY 5�A Vol. 33pg. �2�1 CONSULTING AND SERVICING AGRFMWT THIS AGREEMENT (herein so called), is made and entered into. on this 1st day of July, 2021, by and between SCHOOL NUTRITION RESOURCE GROUP, INC., a tax-exempt, nonprofit corporation, ("SNRG") and Brazos County Juvenile Services, ("Contractor"). INTRODUCTORY PROVISIONS: The following provisions are a part of and form the basis for this Agreement: A. SNRG is a tax-exempt, nonprofit corporation in Houston, Harris County, Texas, that provides consulting and other services to school districts and other entities on a membership or contract basis. B. SNRG desires to provide consulting and other services to Contractor, and Contractor desires to have SNRG perform its services for the benefit of Contractor. C. SNRG and Contractor desire to enter into this Agreement to evidence their covenants whereby SNRG shall perform such consulting and services, using its staff and equipment, upon the terms and conditions set forth herein. D. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: CONSULTING EFFORTS A. SNRG's Efforts. SNRG agrees to conduct and perform the programs and services, during the time periods listed, all as more fully described on Exhibit "A" attached hereto and made a part hereof. SNRG agrees to use its best efforts in a professional and efficient manner to perform such services for the benefit of Contractor. B. Contractor's Efforts. The Contractor agrees to furnish SNRG with such information, access, and support as SNRG may reasonably request in connection with the performance of the services provided for in this Agreement. Contractor agrees that it will promptly and efficiently assist SNRG with the information, data, and other support necessary to allow SNRG to conduct the services that it had agreed to perform herein. Vol. pg.. FEES AND PAYMENTS A. Fees. SNRG shall charge the fees for the work to be performed hereunder as more fully set forth in Exhibit "A" set forth and made a part hereof. In addition, SNRG shall absorb all travel expenses incurred by SNRG in the performance of its services, which travel expenses shall include mileage cost, hotel cost for overnight stays, and reimbursement for meals. B. Expenses. All internal costs and expenses not described in the paragraph above, incurred by SNRG, shall be borne by SNRG, including, but not limited to, cost of supplies, materials, computers, and other material or data necessary for SNRG to provide their services. In no event shall Contractor be liable for the expenses described in this paragraph incurred by SNRG for services rendered, nor shall SNRG be responsible to Contractor for any expenses incurred by Contractor in connection with its activities, including, but not limited to, costs of supplies, office expenses and other expenditures. C. Invoice. All invoices for services rendered and reimbursable expenses shall be submitted by SNRG to Contractor and shall be paid by Contractor in full with in thirty days from receipt of said invoice. D. Independent Covenants. The fee arrangement between SNRG and Contractor is an independent covenant, and this Agreement between the parties in not contingent on performance of any other party or any other contract. GYRAL COVENANTS AND WARRANTIES A. Contractor Representations. Contractor represents and warrants to SNRG that it is lawfully engaged in the conduct of its business, is in good standing, and has all necessary permits or licenses required for it to conduct and operate its business. B. SNRG Representations. SNRG represents and warrants to Contractor that SNRG is a company in good standing in the State of Texas, and has all necessary licenses and permits required for it to conduct its business operation in the State of Texas. C. Further Covenants. Except to the extent expressly set forth herein, neither party shall have the authority to bind, obligate or contract for or commit the other party to any act, promise or representation, unless specifically authorized in writing prior to any such action. This Agreement does not constitute a hiring or any employment agreement between the parties. SNRG is an independent contractor. This Agreement shall not be deemed or construed to create a partnership, joint venture or common interest in profits or income between the parties. This Agreement only governs work performed by SNRG for customers acquired by Contractor. Each party shall have the right to conduct, participate, seek, or perform such other business opportunities as may be available to it without the consent, permission, or participation of the other party. Neither of the parties are restricted from engaging in or possessing any interest in any other business or venture, independently or with other parties, including, but not limited to, agreements that are formed for a purpose similar to the covenants contained herein. D. Proprietary Matters. SNRG has the ownership and all rights to all information, processes, training techniques, methods and trade secrets it has developed in its business. All such information, processes, training tools and devices, materials, data processing, analysis and other trade secrets are the sole property of SNRG. Contractor agrees that neither it, nor any of its agents, employees, or other representatives shall use or appropriate any such information for its own commercial use. Upon request, Contractor agrees to sign any other or further agreements with SNRG to confirm that, except to the extent required by law, information obtained by Contractor from SNRG shall be held confidentially. Any information obtained by SNRG during the course of the performance of its services of such a nature shall be held confidentially by SNRG and shall not be divulged to any third party, except to the extent required by law. TERKMTION A. Termination. This Agreement may be terminated upon the occurrence by any of the following events:. (i) at any time after ninety (90) days written notice of termination given by either party to the other, with or without cause; (ii) immediately, upon the breach of this Agreement by either party, or if either party shall go out of business, terminate its business activity, cease to be authorized to conduct business, or otherwise suspend its business operations; (iii) immediately upon the filing of a voluntary bankruptcy action under the United States Bankruptcy Code by either party. Immediately upon such termination, Contractor shall pay SNRG all sums doing owing pursuant to this Agreement based on the payment terms set forth above. Thereafter, each party shall have no further duties or obligations to -the other party. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions'and renewals thereto. Vol. '35 7 F'g.� MISCELLANEOUS A. Notices. All notices, demands, requests, and other communications required or permitted shall be in writing, and shall be deemed to delivered when actually received if earlier, and regardless whether actually received, upon deposit in regularly maintained receptacle for the United States mail, registered or certified, with postage prepaid, to the parties at the address set forth below, or at such other address as such party may have specified by notice in accordance with this section and actually received by the addressee: If to Contractor: Brazos County Juvenile Services 1904 West State Highway 21 Bryan, TX 77803 If to SNRG: School Nutrition Resource Group 6200 Savoy Drive, Suite 1202 Houston, TX 77036 B. Governing Laws. The laws of the State of Texas shall govern the validity, enforcement, and interpretations of this Agreement. The parties acknowledge that the violation of this Agreement by disclosure of any confidential or proprietary information would result in a irreparable injury to SNRG, and Contractor acknowledges that in the event Contractor violates any such covenants and agreements contained herein, SNRG will be entitled to obtain preliminary or permanent injunctive relief as well as damages and other remedies allowed by law as a result of such violation by Contractor, which remedies will be cumulative and in addition to any other rights and remedies to which SNRG may be entitled to. In the event of any such action, Contractor shall be responsible for costs, fees, attorney's fees and expenses incurred by SNRG and enforcing its rights hereunder. C. Integration and Modification. This Agreement constitutes the complete and final expressions of the Agreement of the parties relating to the engagement of SNRG by Contractor and supersedes all previous contracts, agreements and understanding of the parties, oral or written, relating thereto. This Agreement cannot be modified, nor any of the terms hereof waived, except by an instrument in writing, referring specifically to this Agreement, executed by both parties. D. Counterpart. This Agreement may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one in the same instrument. E. Construction. Any heading which may have been used in this Agreement have been inserted for convenience only and does not constitute matter to be construed in interpreting this Vol. 3�1 Pg. Q,33 contract. Words of any gender shall be held and construed to include any other gender and words in the singular shall be held to include the plural, and vice versa, unless the context requires otherwise. The words "herein", "hereof", and "hereunder" and other similar compounds when used in this Agreement shall be refer to the entire Agreement not to any particular provision or such. F. Invalid Provisions. If any one or more of the provisions of this Agreement or the application of any such provision to a specific situation shall be held invalid or unenforceable, such provision shall be modified to the minimum extent to make its application valid, and the validity and enforceability of all provisions of this Agreement and all other applications of any such provisions shall not be effected hereby. G. Binding Effect. This Agreement is not assignable by either party. Except to the extent so limited, the Agreement is binding upon and inures to the benefit of Contractor and SNRG, and their successors. Except is expressly provided in this Agreement, nothing contained herein is intended to confer on any person other than the parties hereto, and their successors, any rights or remedies by reason of this Agreement. IN WITNESS HEREOF, the parties execute this Agreement, the date first written above. School Nutrition Resource Group By: PY&ci & Pd#a -Cd A#V Name: Priscilla Riedel -Cohan Title:Executive Director B N T �o� p9 asp BRAZOS COUNTY COADUSSIONERS COURT ON wq 10 20 9.1 , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: )S..�Mm Duane Peters, County Judge 200 S. Texas Ave.; Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-3614503 Vol.30— 0-7 ao /tet Date Pg. `�3��J EXHIBIT A AGREEMENT FOR CONTRACTED SERVICES Date of Agreement: June 1, 2021 Services Provided to: Brazos County Juvenile Services For the Purpose of: Providing review and approval of menu cycle with special diet modifications as needed. For the Period Covering: July 1, 2021 - June 30, 2022 Services and Associated Fees: Review and approve the menu cycle for breakfast, lunch, snack and dinner for compliance with U. S. Department of Agriculture (USDA) meal pattern requirements and/or Texas Juvenile Justice Department (TJJD) regulations. Perform nutrient analysis as may be required. Provide technical assistance related to preparation for any compliance reviews subsequent to menu cycle review and approval through June 30, 2022, as needed. Modify the menu cycle for special diet modifications. A signed physician's statement may be required for verification of special dietary requirements. Offer unlimited telephone and email support. Services offered at $90.00 per hour, rounded up to the nearest 1/4 hour, and are billed on an as needed basis with no minimum usage required beyond the rounding formula. Maximum Cost of Agreement: $1,800.00 Services will be billed as services are rendered. Terms are Net 30. Pr, s,C� Ria-U,—Co" Priscilla Riedel -Cohan, MS, RDN, LD, SNS June 17, 2021 Date The BRAZOS COUNTY JUVENILE SERVICES accepts this agreement as written and, by signing this agreement, secures products and services for the peri and terms out ined h ein. Authorized Representative Date �IIVof.9J� P9" 05(p_ Lam— BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Juvenile Services NUMBER: DATE OF COURT MEETING: 7/20/2021 ITEM: Approval of Contract #21-139 with Shoreline Inc. for Juvenile Residential Services. TO: Commissioners Court FROM: Linda Ricketson DATE: 07/08/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ACTION REQUESTED OR Approval. ALTERNATIVES: ATTACHMENTS: File Name Description Shoreline2021-2022.Ddf Shoreline Contract E Type Cover Memo STATE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR JUVENILE RESIDENTIAL SERVICES In Accordance with the Provisions set forth herein, The County of Brazos, and Shoreline, Inc., a for Profit Organization, licensed to do business in the State of Texas, herein after called Service Agency, agree as follows: 1. PROVISIONS OF SERVICE Service Agency shall Provide. e Residential services, including food, shelter and supervision • Necessary counseling services including individual, family, and group sessions. • Education through its residential Campus • A completed application for Medicaid for the youth upon admission. Each Youth placed at the Service Agency Facility will have a written Initial Service Plan (ISP) completed by the appropriate Service Agency Staff within (5) days and a (90) day review will be completed every (90) days from the time of admission with a (30) day review in between. Acopy of the reviews will be sent to the appointed Probation Officer, The provision does not apply to youths receiving Emergency Care. Service Aaenev shall• • provide each Youth's Probation Officer with a written report of the Youth's progress on a monthly basis. • ensure that Brazos County approves, in writing the Youth's participation in any furloughs, home visits, or extended agency trips. • ensure that unless, otherwise stipulated by Brazos County, the Youth may visit freely with parent(s) and relatives at the Service Agency Facility in accordance with established Service Agency policies. • ensure that suspected or alleged cases of child abuse are immediately reported to Brazos County Placement Officer, proper authorities and the Department of Protective and Regulatory Services If a youth in placement at the Service Agency Facility makes an unauthorized departure, becomes seriously ill, is involved in an incident of a serious nature, the Service Agency shall notify the youth's Probation Officer and Brazos County Placement Officer immediately and ensure that the parents and proper authorities, including the Texas Department of Protective and Regulatory Services are notified. Brazos County reserves the right to terminate the youth's placement at the Service Agency Facility at its discretion. The Service Agency must not release the youth to any person or agency without the express consent of Brazos County. VOL Pg.23� The Service Agency is under no obligation to accept a youth who is deemed inappropriate for placement in the program by the Service Agency. IL PAYMENT FOR SERVICES For and in consideration of the above -mention services, Brazos County agrees to pay the Service Agency S197.69 per day per youth for SPECIALIZED and $277.37 per day per youth for INTENSE. This fee does not exceed the actual cost of children in in the Service Agency, and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Brazos County aezees to nay the Service Agency based on the TDFPS level of care (LOC) as currently effective or subseouently amended. Service Agency shall submit a billing statement to Brazos County for services on a monthly basis. Each billing statement shall contain the name of the youth(s) along with the number of days (stated consecutively) for which payment is requested. Recognized that a part of the youth's rehabilitation, program may include time away from the Service Agency Facility such as weekends, holidays etc. The Service Agency must retain space for the youth until their return. Brazos County will pay the above agreed amount for such regular scheduled days away from the Service Agency facility or its program providing they do not exceed (10) days at a time. The Service Agency is under no obligation to retain space for the youth in an unauthorized departure situation. Brazos County agrees to provide transportation for the youth(s) to and from Service Agency facility at the time of admission and discharge. Should the Service Agency provide transportation services, reimbursement for transportation cost must be approved by a member of the Brazos County Juvenile Services Department. The Service Agency is responsible for all transportation incidentals to the care of the youth, including medical and dental visits. Service Agency may request that the parents contribute to transportation cost for furlough from placement. Medical and Dental services shall be reimbursed by Brazos County upon the submission of a billing statementlinvoice for said services. For all non -emergency treatment, including dental, vision, medical, and mental health services, the Service Provider must obtain prior authorization from Juvenile Probation. If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility (hereinafter, "Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility (hereinafter, "the Administrator") is authorized to secure the Outside Treatment at the expense of Juvenile Services. The Administrator shall notify Juvenile Services of out- side Treatment within twenty-four (24) hours of its occurrence. M. EXAMINATION OF PROGRAM AND RECORDS The Service Agency agrees to maintain and make available for inspection, audit, or reproduction, by an authorized representative of Brazos County and the State of Texas books, documents, and other evidence pertaining to the receipt and expenditure of any and all funds received under this Contract, herein after called the records. _....-.. _ ._. _ 2jPage Vol. ��• �5 The Service Agency agrees that it will permit Brazos County to examine and evaluate its program of services provided under the terms of this Contract and to review the youth's record(s). The examination and evaluation of the program will include unscheduled site visitations and observations of the program in operation. The Service Agency shall provide Brazos County such descriptive information on contracted youth as requested. , The Service Agency agrees to maintain these Records for (7) years after final payment or until the State approved audit if any, has been made and all questions there from resolved. N. DUTY TO REPORT Allegations occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. With respect to juveniles placed by Brazos County Juvenile Probation Department, notification shall be made to the Brazos County Juvenile Probation Department and an incident report shall be sent to facsimile number (979) 8234211. Addition- ally, the Executive Director shall be contacted via telephone at (979) 361-1871 or (979) 361-1800 within 24 hours. 3. When applicable, Brazos County Juvenile Probation shall make the appropriate notifications and reports to Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by sub- mitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt. For allegations and incidents of sexual abuse or serious physical abuse: 4. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; With respect to children placed by Brazos County Juvenile Probation Department, an Incident Report Form shall be sent to Brazos County Juvenile Probation Depart- ment within 24 hours at facsimile number (979) 8234211 and notification shall also - 3 1 P a g e Vol.. 33:1 Pg - —2q0. be made via a telephone call to the Executive Director at (979) 361-1871 or (979) 361-1800. 6. When applicable, Brazos County Juvenile Probation shall contact the Texas Juve- nile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll-free 1-877-786- 7263. Within 24 hours of the report by phone, the completed TJJD incident Report Form shall be submitted by facsimile number 1-512-424-6717 or by email. Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasona- ble belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious in- cident involving a child, but that is not alleged to involve an employee, intern, volunteer, con- tractor, or service provider of a program or facility, shall be immediately reported to law en- forcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident in- volving a child in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth - on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a child that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, li- censed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the goveming board, ju- venile board or governmental unit that serves children under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication secure correctional facility re- quired to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing children under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the gov- erning board, juvenile board or by a private vendor under contract with the governing board _. _..._ ....._._._. 41Page vol. _33�4_ Pg._2q, L or juvenile board that serves children under juvenile court jurisdiction or juvenile board ju- risdiction. The term includes a juvenile justice alternative education program and a non- residential program that serves juvenile offenders while under the jurisdiction of the juve- nile court or juvenile board jurisdiction and a juvenile probation department. V. CRMUNAL HISTORY SEARCHES Criminal history searches shall be conducted by Service Provider for any and all of its employees, in- terns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice pro- gram that may have direct unsupervised access to children in the facility or program. Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Of- fender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the follow- ing occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or 5 1 P a g e VOLP9.aya G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Crimi- nal Procedure. In addition to the criteria and time frames set forth in the above definition of disqualifying criminal his- tory, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice fac- ility or a juvenile justice program. Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. VI DISCLOSURE OF INFORMATION Service Provider warrants that, prior to entering this Contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and/or exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the al- leged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex of- fenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current fel- ony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 6JPage FI Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and dis- close to, Juvenile Probation any and all of the foregoing information as to any individual, whether prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Ser- vice Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. VII. FEE ASSESSMENT Provide certification eligibility, Under Section 231.006 Family Code, the vendor or applicant certifies that the individual or business entity named in this contract bid, or application is not ineligible to receive the specified grant, loan or payment and acknowledges that this contract may be terminated and payment may be withheld if this certificate is inaccurate. Youths and their families shall not be assessed for services by the Service Agency, unless the Court specifies arrangements. This does not preclude reasonable attempts to seek voluntary contribution from families of Brazos County for donations of clothing, personal articles, and funds to assist in supporting youth's rehabilitation. If a youth is eligible for fiscal support from another State Agency or Organization, the Service Agency shall ensure that Brazos County is not charged for such fiscal support for which is otherwise eligible. Service Agency is hereby notified that state funds are used to pay for services rendered to Brazos County Juvenile Services Department. For this reason, Service Agency shall account separately for the receipt and expenditure of all funds received from Brazos County Juvenile Services. Service Agency agrees to make claims for payment or direct any payment disputes to Brazos County Juvenile Probation's Fiscal Officer. Service Agency will not contact other department employees regarding any claims of payment. VIII. EQUAL OPPORTUNITY The Service Agency will not discriminate against any employee, applicant or patient because of race, religion, color, national origin, age, or handicapped condition. The Service Agency will take affirmative action to ensure that applicants and employees are treated with respect during employment without regard to their race, religion, color, sex, national origin, or handicapped condition. IX TERMINATION This Contract may be terminated by either party, upon (10) days written notice to the other party of the intention to terminate upon expenditure of funds. Brazos County may upon (30) calendar days' written notice to Service Agency, to terminate the contract in any one of the following circumstances if. Service Agency fails to comply with Brazos County's reporting requirements, the objectives, terms, conditions, or standard of this contract applicable federal, state, of local laws, rules regulations and ordinances, or any other requirements set forth in this contract. If Service Agency fails to perform the work and services required by this contract within the time specified herein or any extension thereof. Service Agency fails to correct its noncompliance with any terms or provisions of this contract within (30) calendar days (or any extensions as authorized by Brazos County in writing) after receiving notice P9' Vol. �— �� of noncompliance or funds allocated to Brazos county by the State should become reduced, depleted, or unavailable during the Contract term. X LAWS ANDS in any legal action arising under this contract, the laws shall apply and venue shall be in San Patricio County, Texas. XL TERM The term of this agreement is for twelve months, commencing September 1, 2021 and ending August 2022, unless one party notifies the other in writing, at least (30) days prior to the expiration of said term, of its intention to not renew this agreement. XII INDEMNITY, INSURANCE AND CERTIFICATION Service Agency shall indemnity and hold harmless, Brazos County, its agents, officers, employees, and public officials, from any and all injury and damage to person or property caused by the negligent or intentional acts, or omissions of the agency, its agents, employees, patients, invitees, including the negligent supervision of any person residing at or participating at its facility or in any of its program. Service Agency shall purchase at its own expense, commercial public liability it mance in a general aggregate limit of not less than $300.000.00 for personal injury and $100.000.00 for property damage. Such policies shall be with an insurance company licensed to do business in Texas and shall be satisfactory to Brazos County and shall also be given at least (30) days advanced written notice of any lapse, amendment or cancellation. Service Agency warrants that it is certified, approved or licensed by all Federal, State, or local Agencies or departments, which have jurisdiction to regulate any activity, performed in or by an adolescent residential treatment center. Proof of such certification, approval or license shall be provided to Brazos County Juvenile Probation Department within (10) days of execution of this document. XIII.OFFICIAL NOT TO BENEFIT No governmental officer, official, or employee shall participate in any decision relating to this Contract, or performance or payment under this contract that in any way directly or indirectly touches upon his or her personal or pecuniary interest. XIV. PROVISIONS OF SERVICE Brazos County agrees to contract for the 24- hour therapeutic child care from the Service Agency who is licensed by either the Texas Department of Protective & Regulatory Services, herein after referred to as TDPRS, as a Residential Treatment Center to provide services at a level of care of Level IV, Level V, and Level VI, as defined by the TDPRS licensing standards; or licensed by the Texas Commission on Alcohol & Drug Abuse as a Substance Abuse Treatment Facility, herein referred to as COMMISSION, to provide Levels of care of Level I, Level II, Level III, and Level IV, such levels as defined by the COMMISSION'S licensing standards. Service Agency agrees to provide room, board, supervision, and care, 24 hours a day. 81Page E ._— P9� au`J In order to determine the quality of services for the Youth's placements, Service Provider agrees to define goal outputs, and measurable outcomes. The progress for each youth is monitored through a Level Point System. The System is designed to help staff assess rewards and assign consequences as part of the behavioral modification modality. The behavioral, emotional, and physical and education statue of each youth is taken into consideration. Assessment of the Youth's progress through the level system and successful completion of the Initial Service Plan will carry the following weight (1) Unit Behavioral 40%; (2) Therapy/Treatment Plan Participation 25%; Recreational Therapy Participation 15%; and School Participation 20% in the determination of the discharge prognosis and program completion. .17 XV PLAN OF SERVICE Service Agency agrees to develop a written Initial Service Plan (ISP) for each youth. Each ISP will define goals, outputs, and measurable outcomes that directly relate to the program objectives. XVI. THE I MTTAL SERVICE PLAN AT MINIMUM Have goals for the Youth to learn adequate social skills, refrain from hostile aggressive acts toward others, and learn how to develop positive relationships with the family unit and/or society that will help toward a resolution of the problem(s) for which treatment is purchased and learn how to develop a chemical free lifestyle. Enhance and/or develop and further educational skills for the youth. Successfully complete the program with a minimal number of incidents. Provide at least 150 hours of counseling. Provide individual therapy at least weekly and group therapy at least two times per week and Group counseling three times per week, and family therapy as geographically possible. All therapy and counseling sessions shall be performed by the appropriate Qualified Credentialed Counselor (QCC). The QCC must meet the requirements as determined by the Contractor's Licensing Agency. The ISP shall contain the reasons for placement and specific details pertaining to goals and future objectives. It shall provide, at minimum, each youth's Probation Office with written reports of the youth's progress on a monthly basis. Service Provider will not release the youth to any person or agency without the express consent of Brazos County Juvenile Probation Department. Service Agency will obtain approval from Brazos County for youth's participation in any furloughs, home visits, or extended agency trips. XVH. OUTCOME MEASURES Evaluation of the contract by Brazos County will be performed by using the following OUTCOME MEASURE: (1) $01/6 of placements remain chemical free and without incident for one year from the F L � P9. a� time of discharge; (2) 80% of placements will successfully complete their transition back into public schools without further incidents; (3) 80% of placements will report improved family functioning; and (4) 80% of progress reports will be received in a timely manner. VIII. PIRISON RAPE [NATIONACT and city laws, ordinances, Service Provider shall adopt and comply with all federal, state county, ty regulations and standard applicable to the provisions of the services described herein and the performances of all the obligations undertaken pursuant to the contract including the Prison Rape Elimination Act of 203 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention and 0 reporting of sexual assault in facilities in housing adult and juvenile offenders [PREA§ 115.312(a)]. Under PREA, Service Provider shall make available to the Chief Juvenile Probation Officer (CJPO) all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA§l15.87E and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by Brazos County Juvenile Probation Department to ensure that the Service Provider is complying with the PREA Standards [PREA§ 115.312 (b)]. To comply with this standard, the Service Provider will make available to the CJPO all incident -based aggregated sexual abuse data within 24 hours of the allegation. Under PREA, Brazos County Juvenile Probation Department will make the aggregated sexual abuse data for each Service Provider available to the public via Juvenile Website [PREA§ 115.389(b)]. XIX THE ffiPPA MEGA -RUIGE THE MPA MEGA RULE enhances the youth's privacy, new rights to their digital health information, (when available) and bolsters the government's capacity to enforce the law. THE HIPPA MEGA RULE went into effect March 26, 2013 The HIPPA MEGA RULE protect a client's privacy and health information rights by eliminating the ,harm threshold" from the breach notification rule (health Information Technology for Economic And Clinical Health [HrMCH] Breach Notification) and holding third -parry subcontractors using and closing protected health information (PM responsible to HIPPA rules and penalties. Setting limits on how information is used for marketing, prohibiting the sales of a youth's PHI without authorized consent. Clarifying that genetic information is protected under HIPPA by prohibiting health plans from disclosing genetics information for underwriting_purposes. Brazos County Juvenile Services Linda Ricketson Ex a Direct r Duane Peters Chair Brazos County Juvenile Board Shoreline Signing Authority 1 Date ----------�� �� �— __ 10 1 P a g e Vol. �J3'� Pg. BRAZOS COUNT'S COMMISSIONERS COURT ON _�U 0 20'M , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361.4102 Fax: 979-3614503 11 jPage Recovery Monitoring Solutions SERVICES OPERATIONS CONTRACT BRAZOSCOUNTY AND ` BRAZOS COUNTY OFFICE OF THE SHERIFF i Global Positioning System Monitoring Continuous Alcohol Monitoring Radio Frequency Monitoring Breath-Alcoliol Testing This Operations Agreement (the "AGREEMENT') is made and entered into by and between Recovery Monitoring Solutions Corporation dba Recovery Healthcare Corporation ("Recovery") and Brazos County and Brazos County Office of the Sheriff ("DEPARTMENT") 1700 Highway 21 West Bryan, TX 77803 Phone: (979) 361-4900 Appointment of Recovery. In accordance with the terms and conditions set forth herein, and in consideration of the payments hereinafter provided, Recovery is hereby appointed to provide to Department, and Recovery hereby agrees to furnish to Department, the Services provided for herein. Term. This AGREEMENT shall become effective for a one (1) year period beginning on September 1, 2021 and ending on August 31, 2022 (unless terminated herein under the provisions below). The agreement shall automatically renew for another one (1) year term for n period not to exceed three (3) total years, unless either party provides notice to the other of its intent to terminate the agreement not less than thirty (30) days before the end of the then current term. ARTICLE I RATES, MINIMUM REQUMEMENTS, AND STATEMENT OF SERVICES 1.1 Recovery and the Department agree to the following rates for participant funded services: -'FULL. SERVICE PROG12AtVIS ' PARTiCIPANT,T�UND>Jn s DAILY RATE r. SET-UP FEE GPS Monitoring $10.00 $75.00 Active Each New Enrollment GPS Monitoring $8.00 $75.00 Passive Each New Enrollment Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texas 752471 recovetyms.com J Revised March 2021 V,1. Pg. a�- Page I 1 Recovery Monitoring Solutions FULL SERVICE L'ROGRAIYIS` PARTiTPANT TUNDL+ I), DAILY RATE SET-UP FEE RF Monitoring $6.00 $75.00 Landline (Each'New Enrollment RF Monitoring $8,00 $75.00 Cellular Each New Enrollment SCRAM CAM $10.00 $75.00 Continuous Alcohol Monitoring Each New Enrollment SCRAM CAM $.50 Ethernet`' ' Breath Alcohol Testing $6.00 $75.00 (Each New Enrollment 1.2 Certified Provider. Recovery has been duly certified as a provider for GPS, SCRAM CAM Continuous Alcohol Monitoring System, and the SCRAM Remote Breath Alcohol Testing Device in the State of Texas. 1.3 Services, Recovery shall, in accordance with the terms of this AGREEMENT, provide all necessary personnel, equipment, materials, supplies, and services (except as may be furnished by the Department as specified in writing as part of this agreement) and do all things necessary for, or incidental to, the provision of the services. 1.4 Court Testimony. Recovery agrees to provide testimony in court, if required, at no additional cost to the Department with fourteen (14) calendar days' advance notice. 1.5 Other: (Specific Requirements for Participant Funded Program) 1. General Duties of Recovery: (a) Recovery may offer, with fourteen (14) day advanced notice and for no additional cost, on-site program training and assistance for the Department's staff to explain the procedures for installation, monitoring, maintenance, de -installation and utilization of the monitoring software systems; (b) Recovery (844) 909-8555 provides live technical support to assist Department staff with questions or issues that may arise with the Continuous Alcohol Monitoring (CAM) and Breath -Alcohol Testing (BAT) programs from 7;00 a.m. to 9:00 p.m., Monday through Saturday including holidays; (c) Recovery provides live technical support to assist Department staff with questions or issues that may arise with the GPS program 24 hours, seven days per week including holidays. Department staff should contact Recovery at (844) 909-8555 for issues pertaining to individual Participants or equipment repair needs; (d) Recovery will configure and establish automated notification programs, as applicable per technology, for alcohol and GPS monitoring technologies that include the system -generated automated text and electronic mail notifications to Department designees; Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texas 752471 recoveryms.conr Revised March 2021 Page 12 Recovery Monitoring Solutions (e) Recovery, included in the fees, offers Enhanced GPS Monitoring consisting of e Violation alert management 24/7/365 including holidays; • After hours text message and/or a -mail notification to Department staff, if desired; After hours telephonic contact with the participant to investigate specific alerts per Department protocol; a After hours a -mail reports from Central Monitoring Center staff to Department representatives of specified violations per Department Protocol; • Recovery will provide a template for the development of the Department Notification Protocol for Enhanced GPS Monitoring. (f) Recovery will require the participant to complete a Program Participant Agreement; (g) Recovery will abide sole responsibility for participant enrollment; program orientation; alcohol sobriety verification; violation reporting; participation fee collection; and equipment installation, troubleshooting, fit adjustments, maintenance, replacement, removal, and recovery; (h) Recovery will provide a program orientation consisting of an explanation of program rules and the proper maintenance, care, and operational features of the monitoring equipment; (i) Recovery, with the participant's cooperation, will make a good faith effort to schedule installation of monitoring equipment in accordance with the manufacturer's recommended guidelines and begin monitoring within forty-eight (48) business hours of referral for participants incarcerated within the State of Texas; (j) Recovery will monitor participants through the web -based, password protected information management system; (k) Recovery will provide written reports via e-mail of participant enrollment, non-compliance, termination, and any other information requested; (1) Recovery shall notify referring authorities of participant non-compliance (curfew violations, missed alcohol tests, alcohol detection or device manufacturer -confirmed consumption, equipment manipulatian/obstructions/tampers, unauthorized device removal, etc.) and provide written reports as required by agreement with the referring agent, typically within twenty-four (24) hours of reporting the act of noncompliance; (in) Recovery will provide the Department with a monthly SCRAM CAM and 'Breath Alcohol Testing compliance report for each individual participating in the program; (n) Recovery's Dallas -based Division Managers will provide oversight to ensure prompt participant enrollment, secure monitoring, thorough documentation and timely dissemination of violation notifications; (o) Recovery will invoice self -pay participants in advance for the services provided; Recovery Monitoring Solutions 19090 N. Stenimons Freeway, Dallas, Texas 752471 recoveryms.com Revised March 2021 EVol. P9�� Page 13 Recovery AG -k Monitoring �- Solutions (p) Recovery will initiate program termination proceedings in response to the following violations: a GPS: When the participant has failed to pay the full outstanding balance of his/her participation fee account within the specified timeframe (please see Exhibit A). a SCRAM CAM: When the participant has failed to pay the full outstanding balance of his/her participation fee account within the specified timeframe (deactivation at Recovery's discretion — please see Exhibit A), or has committed certain program violations, including failure to return phone calls from Recovery staff in a timely manner, failure to download data from the SCRAM CAM device, and failure to report for equipment maintenance (deactivation requires Department approval — please see Exhibit B). o Breath -Alcohol Testing: When the participant has failed to pay the full outstanding balance of his/her participation fee account within the specified timeframe (deactivation coordinated with Department— please see Exhibit A), or has committed certain program violations, including failure to perform a test for 24 consecutive hours without authorization or failure to report for equipment maintenance. (q) After any participant -funded client has been incarcerated, incapacitated, or otherwise been determined by Recovery as unsuitable for participation in the electronic monitoring program for a period of three (3) consecutive calendar days, Recovery will request authorization from the Department to deactivate; (r) Recovery will pay the shipping costs for all equipment distributed to Brazos County via standard three (3) day delivery service; (s) Recovery will collect a deposit fee equal to the replacement costs of all equipment assigned to participants who reside or travel out of state for extended periods of time; (t) Recovery will terminate monitoring immediately upon written request from the .Department and make a good faith effort to recover all equipment within twenty-four (24) hours of deactivation; (it) Recovery will abide the sole responsibility for collecting, from the participant/guardian, 100% of the cost for repairing or replacing all lost, damaged or stolen equipment; (v) Recovery will bill the participants for the replacement and repair costs of all lost, damaged and stolen equipment: Attenti GPS Bracelet $1,000.00 Attenti GPS Charger $ 50.00 Attenti GPS Strap $ 20.00 Attenti GPS Beacon $ 400.00 Attenti RF Bracelet $ 300.00 Attenti RF Base Unit $ 300.00 Attenti RF Strap $ 20.00 Attenti RF Power Cord $ 50.00 Attenti RF.Phone Cord $ 10.00 Recovery Monitoring Solutions 9090 N. Stemmons Freeway, Dallas, Texas 75247 recoveryms.com Revised btarch 2021 Page 4 AMRecovery Monitoring Solutions SCRAM CAM Bracelet $1,300.00 SCRAM CAM Base Station $ 500.00 SCRAM CAM Strap $ 75.00 SCRAM CAM Power Cord $ 50.00 SCRAM CAM Phone Cord $ 10.00 Breath -Alcohol Device $ 800.00 Breath -Alcohol Charger $ 25.00 Breath-Alcoliol Case $ 30.00 (w) Recovery reserves the right to initiate criminal or civil action against any participant who is responsible for lost, damaged or stolen equipment. II. General Duties of the Brazos County and the Office of the Brazos County Sheriff: (a) The Department will provide reasonable workspace for equipment installer(s), if applicable; (b) The Department will provide the name, job title, and contact information (e-mail address and phone number) for the person or persons designated to receive reports of non-compliance, notification of installation and de -installation, and other administrative and informational reports; (c) The Department will notify Recovery on or before the date that a different person(s) identified in paragraph (b) above has been designated to receive the reports or any revisions have been made to the existing individual's contact information; (d) The Department will provide initial and updated information for participants monitored on GAS/RF in Et timely manner for required notification of law enforcement agencies or victim(s); (e) The Department will provide initial and updated information in a timely manner for the effective monitoring of participants on GPS/RF (curfdw timeframes, inclusion zones, exclusion zones, etc.); (f) The Department will develop a Department Notification Protocol document should GPS Enhanced Monitoring be included in any Department program; (g) The Department will assist Recovery regain possession of all equipment within twenty-four (24) hours of deactivation; (h) The Depa rtment will report all incidents of lost, damaged and stolen equipment to Recovery within one (1) calendar day of discovering the event. III. Limitations and Liabilities (a) Recovery expressly disclaims any warranty that it's service or that its system is impervious to tampering. In no event shall Recovery be liable for any direct, indirect, special, consequential, or incidental damages in connection with or arising out of the performance or use of the products or services provided under this agreement or any orders hereunder. In no event shall Recovery assume or bear any responsibility or liability for acts that may be committed by a participant or persons subject to, using or monitoring the equipment; Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texas 752471 recuveryms.com Revised March 2021 Vol. Page 15 Recovery Monitoring -==4 Solutions (b) Recovery shall not be liable for any failure or delay in performance of this agreement hereunder which is due in whole or in part to any cause beyond its control; (c) Recovery will maintain the right to conduct business development activities with other agencies, Courts, and service providers in Brazos County, Texas. ARTICLE II REPRESENTATIONS AND WARRANTIES Recovery represents and warrants to and for the benefit of DEPARTMENT with the intent that DEPARTMENT rely thereon for the purposes hereof, the following: 2.1 Legal Status. Recovery (1) is a validly organized and constituted sole proprietorship or partnership in the jurisdiction in which it is formed and in good standing therein; or, is a corporation duly incorporated and validly existing under the laws of the jurisdiction in which it is incorporated and in good standing therein; (2) is duly qualified to conduct business in the State of Texas; and (3) has legal power and authority to own or lease its properties and conduct its business as presently conducted. 2,2 Authorization. The malting and performance of this AGREEMENT has been duly authorized by all necessary action and will not violate any provision of current law or Recovery's charter or by-laws. The AGREEMENT has been duly executed and delivered by Recovery and, assuming due execution and delivery by DEPARTMENT, constitutes a legal, valid, and binding AGREEMENT enforceable against Recovery in accordance with its terms. 2.3 Taxes. Recovery has filed all necessary federal, state, and foreign income and franchise tax returns and has paid all taxes as shown to be due thereon, including penalties and interest, or provided adequate reserves for payment thereof, except to the extent that same have become due and payable but are not yet delinquent, and except for any taxes and assessments of which the amount applicability or validity is currently being contested in good faith by appropriate proceedings. 2.4 No Child Support Owing. In accordance with 231.006 of the Texas Family Code, no person who is the sole proprietor, a partner, a shareholder, or an owner of twenty-five percent (25%) or more of Recovery and who is now more than thirty (30) days delinquent in paying court ordered approved child support may receive payment from state funds under a contract. Under 231.006, Family Code, Recovery certifies that it is not ineligible to receive the Payments and acknowledges that this AGREEMENT may be terminated, and Payments may be withheld if this certification is inaccurate. 2.5 Use of Payments. No part of the Payments made to Recovery will be expended for any consultant fees, honorariums, or any other compensation to any employee of DEPARTMENT or for unallowable costs as defined by the DEPARTMENT. Recovery shall expend .Payments made hereunder solely for providing direct services and for reasonable and allowable expenses directly related to the provision of Services. 2.6 Non -Discrimination. In the performance hereof, Recovery warrants that it shall not discriminate against any employee, subcontractor, or participant on account of race, color, disability, religion, sex, national origin, age, orthose who have or are perceived to have a disability because of AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS. Recovery shall include the provisions of this paragraph regarding non- discrimination in each of its contracts with subcontractors so that such provisions will be binding upon each subcontractor. Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texas 752471 recoveryms.com Revised March 2021 Page 16 Vol. _�33_1— pg.� Recovery Monitoring -- Solutions 2.7 Non -Collusion. Recovery warrants that no Person, other than a bona fide employee, has been employed to solicit or secure this AGREEMENT with DEPARTMENT, and Recovery has not paid or agreed to pay any Person, other than a bona fide employee, any fee, commission, percentage, or brokerage fee, gift, or any other consideration, contingent upon or resulting from the execution hereof. For breach or violation of this provision, DEPARTMENT shall have the right to terminate this AGREEMENT without liability, or at its discretion to deduct from Payments, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingency fee. ARTICLE III GENERAL CONDITIONS 3.1 Duties and Obligations. Recovery shall provide the Services in compliance with applicable federal and state law, including all constitutional, legal and court ordered requirements, whether now in effect or hereafter affected or implemented. 3.2 Visitation by State Employees. Recovery shall at all times allow employees/ngents of the Governor, members of the Legislature and all other members of the Executive and Judicial branches of the State of Texas, the Contract Monitor, and any other persons designated by the DEPARTMENT to monitor the delivery of Services and contract compliance of the Recovery. 3.3 No Subcontractors. No subcontractor may be utilized by Recovery unless DEPARTMENT has furnished prior written approval. 3.4 Confidentiality. When applicable, records of identity, diagnosis, prognosis, or treatment of any participant through this AGREEMENT shall be confidential and may be disclosed only in accordance with applicable laws. No information may be released without the participant's written consent as documented by a signed information release form. Recovery shall notify DEPARTMENT in writing if any legal process requires disclosure of a participant's record and shall obtain written acknowledgement of same from DEPARTMENT'S Authorized Representative. 3.5 Termination at Will. Either party may terminate this AGREEMENT for any reason whatsoever, without cause and at any time, by furnishing to the other party thirty (30) days prior written notice. DEPARTMENT'S only obligation for terminating the AGREEMENT pursuant to this section shall be the payment to Recovery of Payments earned hereunder up to the date of termination. Recovery's only obligation for terminating this AGREEMENT pursuant to this section shall be to provide Services until the date of termination. Neither Recovery nor DEPARTMENT shall thereafter be entitled to any other compensation. 3.6 Record Retention. All records shall be the property. of DEPARTMENT. All records (electronic or paper) pertinent to the provisions of Services hereunder shall be retained by the Recovery for a period of five years with the following qualification; If any audit, litigation or claim is started before the expiration of the five-year period, the records shall be retained until all audits, litigation, claims, or other findings involving the records have been resolved. The retention period for all records begins after DEPARTMENT has made the final Payment in accordance with this AGREEMENT. At the end of the five-year period, Recovery will request disposition instructions from DEPARTMENT. Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texas 75247 1 recoveryms.com Revised March 2021 Vol. 331 pg. -g/-35 Page 17 Recovery Monitoring Solutions ARTICLE IV ADMINISTRATION AND FISCAL SYSTEM 4.1 Administrative Controls. Recovery shall establish, document and maintain adequate administrative, financial, and internal controls to ensure that only allowable and reasonable costs are expanded under this AGREEMENT. 4.2 Governing Board Responsibility. The appropriate governing board or entity of Recovery shall bear full responsibility for the integrity of the services provided, including compliance with applicable federal and state laws and regulations. Ignorance of any AGREEMENT provisions or other requirements contained herein shall not constitute a defense or basis for waiving or appealing such provisions or requirements. 4.3 Conflict of Interest. Recovery shall not refer Participants for additional services without prior written approval of the DEPARTMENT. Recovery shall develop and implement written internal policies that may be reviewed by the DEPARTMENT to ensure that members of the governing board, contractual personnel, consultants, volunteers, and employees do not use their positions with Recovery for a purpose that is, or gives the appearance of being, motivated by a desire for personal gain or gain by a family member. 4.4 Remuneration. Staff of Recovery shall not pay or receive any commission, consideration, or benefit of any kind related to the referral of a participant for treatment or engage in fee -splitting with other professionals. 4.5 Audits. Recovery agrees to furnish DEPARTMENT with such information as may be required relating to the Services rendered hereunder. Recovery shall permit DEPARTMENT to audit and inspect records and reports and to evaluate the performance of Services at any time, Recovery shall provide reasonable access to all records, books, reports, and other necessary data and information needed to accomplish review of program activities, services, and expenditures, including cooperation with DEPARTMENT in its performance of random or routine audits to determine the accuracy of Recovery reports. 4.6 Disclosure. Recovery is required to immediately or timely, as the case may be, disclose to DEPARTMENT the following: (a) If any Person who is an employee or director of Recovery is required to register as a lobbyist under Texas Government Code Chapter 305, at any time during the term hereof, Recovery shall provide to DEPARTMENT timely copies of all reports filed with the Texas Ethics Commission as required by Chapter 305; (b) If any Person who is an employee, subcontractor, or director of Recovery is or becomes an elected official (i.e., an elected or appointed state official or member of the judiciary, or a United States congressman or senator), during the term hereof; (c) Report any actions or citations by federal, state, or local governmental agencies that may affect Recovery's licensure status or its ability to provide Services hereunder. 4.7 Witlihold Payments. The DEPARTMENT may withhold payments for any ineligible claims including inadequate or untimely monthly invoices until such time as the ineligible, inadequate or untimely claim is resubmitted and/or corrected by Recovery, Recovery agrees to return any unearned amounts paid by the DEPARTMENT within (30) days following the final date of the contract period, or at the DEPARTMENT'S option, within thirty (30) days following the DEPARTMENT'S delivery to Recovery a notice that amounts paid are to be returned to the DEPARTMENT, Recovery A4ouitoHng Solutions 19090 N. Stenrmons Freeway, Dallas, Texas 75247 1 recoveryms,com Revised March 2021 Vol. 3)D— Pg°-- -=`� Page 18 Recovery Monitoring Solutions 4.8 Accounting Records, Recovery agrees to maintain a separate accounting or bookkeeping system specifically isolating the revenue and expenditures associated with this AGREEMENT in accordance with fund accounting principles, 4.9 Payments to Recovery. Recovery shall submit Monthly Invoices (in writing or electronically) as required herein and shall receive payments from DEPARTMENT based thereon, subject to the provisions in this AGREEMENT. Recovery will provide an itemized list of Services performed during the invoice period, including the names of all participants served, the service provided, and the amount of time rendered with each. DEPARTMENT agrees to pay Recovery within thirty (30) days after receipt of the Monthly Invoice. 4.10 Specific Measures. All terms of this AGREEMENT are subject to monitoring and verification; however, Recovery must have available for the DEPARTMENT'S inspection records to support performance of those measures outlined in Article I herein. 4.11 Misspent Funds. Recovery will refund expenditures of Recovery that are contrary to this AGREEMENT and deemed inappropriate by the DEPARTMENT or designee. ARTICLE V DEFAULT AND TERMINATION 5.1 Default by Recovery Monitoring Solutions Corporation. Each of the following shall constitute an Event of Default on the part of the Recovery, a. A material failure to keep, observe, perform, meet, or comply with any covenant, term, or provision hereof, which failure continues for a period of twenty (20) days after receipt of Recovery of written notification thereof; b. (1) Admit in writing its inability to pay its debts; (2) make a general assignment for the benefit of creditors; (3) suffer a decree or order appointing a receiver or trustee for it or substantially all of its property, and, if entered without its consent, same is not stayed or discharged within sixty (60) days of such decree or order, (4) suffer filing under any law relating to bankruptcy, insolvency, or the reorganization for relief of debtors by or against it and, if contested by it, not to be. dismissed or stayed within sixty (60) days of such filing; or (5) suffer any judgment, writ of attachment or execution, or any similar process issued or levied against a substantial part of its property that is not released, stayed, bonded, or vacated with sixty (60) days after such issuance or levy, and c. The discovery by DEPARTMENT that any statement, representation of warranty in this AGREEMENT is false, misleading, or erroneous in any material respect. 5.2 Remedy of DEPARTMENT. Upon the occurrence of an Event of Default by Recovery, DEPARTMENT shall notify Recovery of such Event of Default, and subject to the time provisions of Section 5.1 hereof, DEPARTMENT shall have the right to pursue any remedy it may have at law or in equity, including, but not limited to, (a) suspend referral of participant; (b) suspend payment; (c) taking action to cure the Event of Default, in which case DEPARTMENT may offset against any Payments owed to Recovery all reasonable costs incurred by DEPARTMENT in connection with its efforts to cure such Event of Default; and (d) termination and removal of Recovery as provider of Services, :In the event of Recovery's removal due to an Event of Default, DEPARTMENT shall have no further obligations to Recovery after such removal and in such event, Recovery agrees to cooperate with DEPARTMENT regarding a transition to new provider of Services. Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texas 752471 recoverynrs.com Revised March 2021 Vol. 20-1 P g t, -t, " Page 19 Recovery Monitoring Solutions 5.3 Default by DEPARTMENT. The following shall constitute an Event of Default on the part of DEPARTMENT; failure by DEPARTMENT to pay within thirty (30) days after Payment is due any Payment required to be paid pursuant to the terms hereof. 5.4 Remedy of Recovery. Upon an Event of Default by DEPARTMENT, Recovery's sole remedy shall be to terminate this AGREEMENT. Upon such termination, Recovery shall be entitled to receive Payment from DEPARTMENT for all Services satisfactorily furnished hereunder up to and including the date of termination. 5.5 AGREEMENT Sublect to Availability of Funds. This AGREEMENT will be subject to the availability of funds. If such funds become reduced or unavailable, this AGREEMENT shall be subject to immediate modification, reduction or termination. ARTICLE VI INDEPENDENT CONTRACTOR Recovery is associated with DEPARTMENT only for the purposes and to the extent set forth herein, and with respect to the performance of Services hereunder, Recovery is and shall be an independent contractor and shall have the sole right to supervise, manage, operate, control, and direct the performance of the details incident to its duties hereunder. Nothing contained herein shall be deemed or construed to create a partnership or joint venture, to create the relationships of an employer-employee or principle -agent, or to otherwise create any liability for DEPARTMENT, the State of Texas and its offices, agents, and employees (hereafter, collectively referred to as the "State") whatsoever with respect to the indebtedness, liabilities, and obligations of Recovey or any other party. Recovery shall be solely responsible for (and DEPARTMENT shall have no obligation with respect to) payment of all .Federal Income, F.1.C.A., and other taxes owed or claimed to be owed by Recovery, arising out of Recovery's association with DEPARTMENT pursuant hereto, and Recovery shall indemnify and hold DEPARTMENT harmless from and against any and all liability fiom all losses, damages, claims, costs, penalties, liabilities, and expenses howsoever arising or incurred because of, incident to, or otherwise with respect to any such taxes. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Force Majeure. Recovery and Department agree that Recovery shall not be liable for any delay or inability to perform this agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, pandemics, acts of God or other cause beyond reasonable control of Recovery and the Department. 7.2 Inconsistencies. Where there exists any inconsistency between this AGREEMENT and other provisions of collateral contractual Agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control. 7.3 Severability. Each paragraph and provision hereof is severable from the entire AGREEMENT and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. 7.4 Prohibition Against Assignment. There shall be no assignment or transfer of this AGREEMENT without the prior written consent of both patties. 7.5 Law of Texas. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Texas and shall be enforced in the county of the applicable judicial district in which this agreement was entered. Recovery Monitoring Solutions 19090 N. Sten►mons Freeway, Dallas, Texas 752471 recove•yms.cen Revised March 2021 Page 110 Recovery Monitoring Solutions 7.6 Notices. All notices called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or forty-eight (48) hours after mailed to each party by certified mail, return receipt requested, postage paid. 7.7 Entire. This AGREEMENT incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written AGREEMENT. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless attached hereto and/or embodied herein. 7.8 Amendment. No changes to this AGREEMENT shall be made except upon written agreement of both parties. 7.9 Headines. The headings used herein are for convenience of reference only and shall not constitute a part hereof or affect the construction or interpretation hereof. 7.10 Counterparts. This AGREEMENT may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. 7.1I Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT including the Exhibits attached hereto and incorporate erein by reference to be executed as of thedate first abov writtei . Terry Pain Honore le Duane Peters President/General Manager County Judge, Brazos County Recovery Date: U Al '2-131Z 0 ATTEST -D: Karen McQueen County Clerk, Brazos County Date: D% v20v`f .Brazos County Date: —1 /^O &, Wayne Dickey Sheriff, Brazos County Date: Recovery Monitoring Solutions 19090 N. Stemnions Freeway, Dallas, Texas 752471 recoveyms.eom Revised March 2021 Page I I I VOL 53� Pg.Zft- Recovery Monitoring Solutions EXIIIBIT A DEACTIVATION PROCEDURES FOR DELINQUENT ACCOUNTS ACCRUED FOLLOWING INITIAL PROGRAM ENROLLMENT Business Day Action Day 1: If full payment for the current service period is not collected at time of enrollment, the Accounts Receivable Specialist will: • Mail Ten Day Notice to Deactivate Letter • Establish a payment deadline for the participant to avoid deactivation • E-mail Ten Day Notice to Deactivate Letter to referring authority and follow up with phone call identifying the outstanding balance and payment deadline Day 4: If full payment is not received within three (3) days of trailing Ten Day Notice to Deactivate Letter, Accounts Receivable Specialist will: • Contact participant by phone, text, or e-mail and warn that deactivation is imminent Day 7: If full payment is not received within six (G) days of mailing Ten Day Notice to Deactivate Letter, Accounts Receivable Specialist will: • Contact participant by phone, text, or e-mail to remind him/her that deactivation is imminent; and • Remind the referring authority by e-mail and follow up plione call of the impending deactivation Day 11: If full payment is not received within ten (I0) days of mailing Ten Day Notice to Deactivate Letter, Accounts Receivable Specialist will: • Contact participant by phone, text, or e-mail and warn that deactivation will occur the next business day if payment is not received by 1:00p.m.; and • Notify the referring authority by e-mail and follow up phone call that deactivation will occur if payment is not received in full by the final deadline Day 12: If full payment is not received within eleven (11) days of mailing Ten Day Notice to Deactivate Letter, Accounts Receivable Specialist will: • Contact participant by phone, text, or e-mail and remind him/her that deactivation will occur if payment is not received by 1:00p.m.; • Advise the participant of the date and time (no later than 5:00p.m, the following business day) that all equipment shall be returned to the originating office if payment will not be made; • Send an e-mail to the applicable Division Manager by 3:00p.m. authorizing deactivation upon the date of final deadline; • The responsible Technician will distribute a completed Deactivation Form to all interested parties by 4:30p.m. confirming deactivation; • Notify the referring authority of final deactivation via e-mail and follow up phone call no later than 5:00p.m. Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texns 75247 I recoveiyms.com Revised March 2021 Page 112 Recovery Monitoring Solutions EXHIBIT B DEACTIVATION PROCEDURES FOR ALCOHOL MONITORING NON-COMPLIANCE Recovery shall adhere to the following procedure to obtain authorization from the referring authority prior to deactivating a participant for program non-compliance. A. Day I (Initial Day of Alert Receipt). 1. Tile participant will be called at all available phone numbers; 2. Instructions necessary to effect alert resolution will be provided; 3. If the individual fails to answer, instructions will be left for him/her to return the call (voicemail or message with person tatting the call); and 4. The contact/attempted contact will be documented in the web -based monitoring system's Case Management Notes. B. Day 2: 1. If the participant has failed to respond, lie/she will be called again with a reminder that his/her failure to resolve the alert will result in notification of the supervising officer on Day 3; 2. If the individual fails to answer, instructions will be left for him/iter to return the call (voicemail or message with person taking the call); and 3. The contactlattempted contact will be documented in the web -based monitoring system's Case Management Notes. C. Day 3: 1. If the participant continues to ignore Recovery's instructions, a third call will be placed to relay the same instructions delivered on Day 2; 2. If the individual fails to answer, instructions will be left for him/her to return the call (voicemail or message with person taking the call); 3. A Non -Compliance Notice letter will be completed and e-maiied to the supervising officer; 4. The contactlattempted contact will be documented in the web -based monitoring system's Case Management Notes. D. Day G: 1. if the participant's non-compliance continues and authorization for deactivation has not been received from the referring authority, a second Non -Compliance Notice letter will be emailed to the supervising officer documenting all efforts employed to regain compliance; 2. This action will be documented in the web -based monitoring system's Case Management Notes. Recovery Monitoring Solutions 19090 N. Stemmans Freeway, Dallas, Texas 752471 recoveryms.com Revised March 2021 Page] 13 Vol. 27, P9. awl Recovery Monitoring r- ... Solutions B. Day 9; 1. If non-compliance persists, the procedures outlined in Day 3 will be repeated; 2. All actions will be documented in the web -based monitoring system's Case Management Notes. F. Post Day 9; 1. If compliance is not regained and authorisation for deactivation has not been obtained after delivery of the third Non -Compliance Notice letter, the participant's file will be transferred to the Weekly Notification List; 2. Recovery will continue to accept phone calls and visits from the participant but will suspend all attempts to initiate contact with him/her; 3. One (l) Non -Compliance Notice letter will be e-mailed to the supervising officer each week until the alert(s) is resolved or deactivation is endorsed by the referring authority. Recovery Monitoring Solutions 19090 N. Sicrnmons Freeway, Dallas, Texas 752471 recoveryms.com Revised March 2021 Page] 14 Vol. P9.alQrA_ Recovery Monitoring Solutions EXHIBIT C MONITORING EQUIPMENT RECOVERY I. Participant Financial Responsibility for Lost, Damaged or Stolen Monitoring Equipment A. Participants are issued equipment in new or like new condition and are expected to return each piece in good working order with only a reasonable amount of wear and tear. B. Participants who lose, steal, damage, or otherwise fail to return equipment will be instructed to reimburse Recovery in a lump sum payment or in accordance with the terms of the Equipment Restitution Schedule. This includes those articles lost —even as a result of the participant's incarceration —or destroyed due to theft, fire, accidents, or any other event beyond the participant's control. C. Lost/Stolen Equipment: A significant, pre -determined portion of the value of the device and its key components (base station, multi -connect, beacon, etc.) shall be collected prior to issuance of another piece. Restitution for the remaining amount is due in three or fewer payments of equal suras. Before obtaining ancillary items such as straps, chargers, carrying cases, and power cords, participants shall render the entire cost in full. D. Damaged Equipment: Participants shall pay a minimum $75.00 non-refundable fee (or more if the manufacturer's repair costs exceed that amount) prior to receipt of a replacement device for one that has been damaged. NOTE: This charge may be waived at the discretion of Recovery. E. Malfunctioning Equipment: If returned within the first 30 days, participants will not be charged for replacement of malfunctioning equipment that bears no evidence of damage. II. Participant Legal Liability for Lost, Damaged or Stolen Monitoring Equipment A. If any equipment remains unaccounted-for that was last known to be under the participant's control, Recovery reserves the right to initiate the process of having criminal charges filed, in the county where installation took place, against participants who fail to reimburse the company for lost, damaged or unreturned equipment. B. Attempt will be made to contact the participant at all phone numbers and e-mail addresses provided in the Program Participant Contract. C. Thirty (30) days following issuance of an-unreturned equipment invoice to the participant, a First Letter will be mailed to his/hers last known address to warn that criminal charges may be filed if tl►e equipment is not returned or reimbursement rendered within a reasonable period of time. The value of each missing piece shall be identified in the letter. D. If the account is not reconciled within thirty (30) additional days, a certified Demand Letter will be delivered stating that criminal charges for Theft. of Service will be filed if the equipment is not returned or reimbursement rendered within ten (10) days. The value of each missing piece shall be identified in the letter. E. If the account is not reconciled within thirty (30) additional days or any returned equipment bears evidence of damage, the certified Demand Letter, Affidavit of Fact (Complaint), and a signed copy of the Program Participant Contract will be presented to the proper authorities and request the filing of criminal charges. Recovery Monitoring Solutions 19090 N. Stemmons Freeivay, Dallas, Texas 75247 i recaveryms.co►n Revised March 2021 Vol. Pg.Pco3 Page 115 Recovery Monitoring �---� Solutions Ill. Participant Civil Liability for Lost, Damaged or Stolen Monitoring Equipment A. If returned equipment is not operating within the manufacturer's specifications or exhibits a degree of wear and tear that is deemed to be excessive, Recovery reserves the right to pursue civil action as fol lows: 1. Obtain written documentation of the manufacturer's estimated cost for equipment repair or replacement; 2. Obtain photographs from the manufacturer, if applicable, showing the damaged parts; 3. Invoice the participant for the actual cost of repair or replacement as determined by tte manufacturer; and 4. Request imposition of a special condition requiring restitution for equipment repair or replacement costs during the term of the participant's period of supervised probation. Recovery Monitoring Solutions 19090 N. Stemmons Freeway, Dallas, Texas 752471 recoveryms.com Revised March 2021 Pagel 16 R BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT CC2021 Final Plat Aggieland Road and Bridge NUMBER: Business Prk Phs 3A Blk 6 Lot 20R & Phs 1 Blk 1 Lot 2R-2 DATE OF COURT MEETING: 7/20/2021 ITEM: Approval of the Final Plat ofAggieland Business Park Phase 3A, Block 6, Lot 20R and Phase 1, Block 1, Lot 2R-2; 28.04 Acres; J.H. Jones Survey, A-26; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. TO: Commissioners Court FROM: Karen Tyler DATE: 07/13/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT $0.00 NOTES/EXCEPTIONS: Owner/Developer: 60 -Jones Associates LTD/G-CON Manufacturing Inc Engineer/Surveyor: Schultz Engineering LLC/Kerr Surveying LLC ATTACHMENTS: File Name DescripIon Type 2021-04 Application for Development Backup Material 30 FP Application ABP Replat GCON.PDF 2021-07- Plat Backup Material 09 FP ABP Replat GCON RTC 2.pdf APPRO D bbl en rs Date voioC my Ju ge -33Q- �' . ��. PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: Plats(@brazoscountytx.ctov PROPERTYSUBJECT •' • • APPLICATION DATE': RESUBMITTAL: ❑ YES ❑ NO PROJECT / SUBDIVISION NAME: Aggieland Business Park Replat PROJECT ADDRESS OR LOCATION: 6161 Imperial Loop LEGAL DESCRIPTION: Aggleland Business Park Portions of Ph 1, 3A, 313, and 3D IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS:1 TOTAL ACREAGE 24.02 JURISDICTION: ❑ CITY LIMITS 2] College Station ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs ' Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPE OF APPLICATION ❑ MASTER PLAN ❑ SIMPLIFIED PLAT ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ AMENDING PLAT ❑✓ REPLAT APPLICATION PUR ❑ RESIDENTIAL ❑ MANUFACTURED HOME ❑✓ COMMERCIAL RENTAL COMMUNITY ❑ OTHER (Please explain): II IS ANY OF THE PROPERTY LOCATED INA FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES Q NO II Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based an the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit In accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the -part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT RIGHT OF WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ❑. NO' DIGITAL• COUNTY ENGINEER El ADOBE (.pdf file) ❑r AutoCAD (.dwg file) (Email To: plats@brazoscountytx.gov) 911 ADDRESSING ❑r ADOBE (.pdf file) 0 AutoCAD (.dwg file) (Email To: gisftrazoscountvbc.00v) CONTACT INFORMATION 5, .2,r S S4 - .a ��. f r # � ''� �� '� � f.�1t �(�h_ _ � � .r,,.{.f°4�. `�'f �X ::.i k � v� "st,���k sr y�'&Y^z 3 �� �C. 9� .� x �•"`s`�=3-r .�'"�''j ��";ss. � ti APPLICAPIT INF02MATIOG : {<�,i K { r..� m:t. FIRM NAME: G -Con MBnufactudng Inc CONTACT:Joe Schultz, PE CONTACT: Sidney Backstrom CITY: College Station ADDRESS: 6161 Imperial Loop, Suite 10 ZIP: 77840 CITY: College Station STATE: TX zIP:77845 PHONE: 979-431-0700 FAX: FAX: EMAIL: sbackstrom@gconbio.com EMAIL: sbackstrom@gconbio.com PROPERTY OWNII=R INFORMi4Tl0 tw _...,:.., .w.. 4..:N ..?-,,, V•.^ f.. Y .. :Z•.. ,. y5 3..,�i•.`.� .. .'f.. .s-�, !`.� .I,. .R i;�}c•.v .-.�'C :EX �rxa A. 5 p. 1 .fes �. FIRM NAME: G -Con Manufacturing Inc CONTACT:Joe Schultz, PE CONTACT: Sidney Backstrom CITY: College Station ADDRESS:6161 Imperial Loop, Suite 101 ZIP: 77840 CITY: College Station STATE: TX E!WAIL:eng@schultzeng.com ZIP: 77845 PHONE: 979-431-0700 FAX: CONTACT: EMAIL: sbackstrom@gconbio.com CITY: `sem k i3 _ +�' i'�T-'13 }.r.�i'ii T' f 'tyk'w� �' t > C i Y b ) 1�d't: i� -- 7 •1 ENGINEJ:R I NFO ,., a.wE3 _x.. n. �.,^, r -.x ._,. is. .. f �• : 4.SPlx� .. .' Y C n.lt. x ai _..5'31+-F.Rs.a FYI J 4r FIRM NAME: Schultz Engineering, LLC CONTACT:Joe Schultz, PE ADDRESS: 911 Southwest Parkway E CITY: College Station STATE: TX ZIP: 77840 PHONE: 979-764-3900 FAX E!WAIL:eng@schultzeng.com - �. 4... +S;,y-x.'t, ,hsh3%.79:.• ;.rvf���,.. +za¢x° 7a. - l i� �� V=SN:�' ani. "L 'p._..`s.& chi. .. ��5'�`s _.SKw. T.:.t FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: ii"Y' ff 6Ji i f `Yn Yt tib h SS T 3 OCHERII�FOR : g ATIOIV eY.�', ..:{n ,.7 .�..'.. ..i.:;.iLtY".��+F_, yl :.,.'t; �xia Y,j ..-.C�t.,> yk��< ,a��4I .!, U.L c'} .Y��m.' �% ':iri.,?�`•'. FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT / AGENT AUTHORIZATION von. < 32 Pg. 9to� By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant Is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understood that I agree to the Development/Subdivision of this property. SIGNATURE: �Q�E¢. PRINTED NAME: Sidney BackstromDATE:4/3O/2021 SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional infornatlon not contained as part of this Application which may also be needed as a part of the review process. SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. CALCULATIONS OF MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150+ $10 per lot FINAL PLAT: $200 + $20 per lot AMENDING PLAT: $100 REPLAT: $200 RECEIPT BY BRAZOS COUNTY• Only) DATE APPLICATION RECEIVED: _/_1 DATE APPLICATION RECEIVED I REJECTED: SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional infornatlon not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): 0 Three (3) hard copies to Brazos County 0 One (1) .pdf copy to Brazos County 0 One (1) .dwg copy to Brazos County 0 One (1) hard copy to Brazos County Health District O One (1) hard copy to Brazos County 911 0 One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): 0 Letter from Brazos County Health District - For On-site sewage evaluation. 0 Letter from Brazos County 911 - For Road names. 0 Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: 0 Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. 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 applicable blanks are filled in the Application above. Every Simplified Plat shall include all of the following: 0 Title Block with the following information: 0 Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. 0 Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) 0 Date of preparation. (Include the date of any revisions on the plat.) 0 Engineer's scale in feet. 0 Total area intended to be developed. 0 Proposed number of Lots to be developed. 0 Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. 0 North arrow. 0 Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. 0 Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. 0 All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. 0 A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. 0 All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. 0 All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. 0 County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. 0 Road names and Right -of -Way width for all Roads. (Existing and proposed) 0 All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. 0 Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) 0 Pipelines: label company with volume and page. 0 All certification language as found in Appendix C. 0 Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. I] Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. 0 Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surve or int and reciting bearings and V®i. Pg._AVft_ distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) O All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. p The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. D The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). p If there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. D BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. O A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. If any areas within the plat include a 100 -Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. p A separate drawing containing both existing and proposed topographic information at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). 17 The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. 0 If any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. Vol. 0 If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. 0 If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. 0 If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. 0 It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections' are considered unique. The Owner shall check with the County Clerk's records for verification. 0 Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. D The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. 0 The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. 0 Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. 0 This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. 0 Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. 0 All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. fid. 93--l' P9.Q-1,L MASTER PLAN / PRELIMINARY PLAN REQUIREMENTS Every Master Plan / Preliminary Plan shall include all of the following: ❑ Title Block with the following information: ❑ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ❑ Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) ❑ Date of preparation. (Include the date of any revisions on the plan.) ❑ Engineer's scale in feet. ❑ Total area intended to be developed. ❑ Proposed number of Lots to be developed. ❑ Abstract name and number. ❑ The Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". ❑ North arrow. ❑ Drawn on 24" x'36" sheet to scale of 100 -feet per inch or larger. ❑ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ❑ All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. ❑ A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. ❑ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ❑ All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. ❑ County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right -of -Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) ❑ All existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑ Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) ❑ Pipelines: label company with volume and page. ❑ The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. ❑ Size, in acres, of all Daughter Tracts. ❑ Centerline tangent lengths and curve data for all proposed Roads. ❑ Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. vol. v31 pg. X'�t ❑ All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plan note. ❑ Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ❑ Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, -and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑ The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). ❑ If there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. ❑ BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. ❑ A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12 -inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. ❑ If any areas within the plat include a 100 -Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. ❑ A drawing containing both existing and proposed topographic information at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). ❑ if the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Vol. ❑ If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way -in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. ❑ Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas. ❑ Locations of other public Improvements, including but not limited to parks, schools and other public facilities. ❑ The location of proposed cluster mailboxes, as required. ❑ All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. ❑ Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. ❑ Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. ❑ If the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. ❑ This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. ❑ Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. ❑ Drainage narrative in compliance with the BCEDG. ❑ Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On-site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol. 3`7_3Pg. D-ly FINAL PLAT APPLICATION REQUIREMENTS Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑ If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. ❑ The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. ❑ If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. ❑ Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas. ❑ Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. ❑ All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. ❑ Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. ❑ Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. ❑ If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. ❑ In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vol. 33.1 Pg- Q15- .A; 2 wRrw%%r0; �� T ORIGINALPLAT vmr.wns��wssa�m.n�w�me LCCLNO a�dG� vol.33-1 Pg.9],(,o & PHASE 3B. BLOCK 6. LOTS 21-22 VOL. 15093. PG. 61 & PHASE 3D, BLOCK 6, LOTS 23-24 VOL. 15093, PG. 62 uixivrsaumn'.w nv,vm mmm'.'la�s DEc —' rtl–w3' �9 a FINAL PLAT ® AGGIELAND BUSINESS PARK ...n.�.-...... A.1�� ^' PHASE 3A, BLOCK 6, LOT 20R ..... m , PHASE 1, BLOCK 1, LOT 2R-2 28.04 ACRES BEING A REPLAT OF AGGIELAND BUSINESS PARK �,Ca „mom PHASE ......+.u.n+..wn._ BLOCK I, LOTS IA-1.IA-2,IB-1 VOL. 9728, PG. 17 PHASE I, BLOCK 1, LOT IB-2R&2R VOL 16749, PG.239 & PHASE 3A, BLOCK 6, LOT 20 VICINITY MAP VOL. 13788, PG, 31 vol.33-1 Pg.9],(,o & PHASE 3B. BLOCK 6. LOTS 21-22 VOL. 15093. PG. 61 & PHASE 3D, BLOCK 6, LOTS 23-24 VOL. 15093, PG. 62 uixivrsaumn'.w nv,vm mmm'.'la�s DEc —' rtl–w3' �9 all. w ao n REPLAT MSET'A- Him Ga S.W Er fly u SIL_" ! CULVERT SIZES 4 W jf \I shs '•7 ' II �I�s ; ----_7XNAV F, tQ J VICINITY MA n (\ A/s INSEI"B' Vol. 35-1— Pe.7-Vi—. FINAL PLAT . 4 AGGIELAND BUSINESS PARK I PHASE 3A, BLOCK 6, LOT 20R I PHASE 1, BLOCK 1, LOT 211-2 _ — 28.04 ACRES -� BEING A UPLAT OF AGGIELAND BUSINESS PARK --I PHASE 1 BLOCK I, LOTS IA -I, IA -2, 1134 I J VOL 9728, PG. 17 7& PHASE 1, BLOCK 1, LOT IB -2R & 2R — VOL 16749, PO239 & PHASE 3A, BLOCK 6, LOT 20 VOL. 13788, P0.31 & PHASE 3B, BLOCK 4 LOTS 21-22 VOL. 15093, PG. 61 n & PHASE 3D, BLOCK 6, LOTS 23-24 VOL ISM. PG. 62 mmvsr.kx BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2020-2021 BUDGET YEAR NO. 20/21 40.1— 40.12 On this the 20th day of July 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 20th day of July 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 andunforeseen 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 20th day of July 2021. THE CONMUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: O Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. �3�1 pg. ��8 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 40.1 jDepartitienl _pioGal•� �- ars Date :�� •:I ._udg_pPro4al cg ; Date .f 'rl Vol. 3�� pg. a1 FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 00000000 46023000 CR Donations - Other 200.00 01000 16500100 60010000 DR Donations - Other 200.00 Vol. 3�� pg. a1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 .40.2 iDe AMbnt Azipioval ', [Counq Date FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 00000000 46023000 —CR Donations - Other 10,020.00 01000 12500100 60010000 DR Donations - Other 10,020.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121- 40.3 ..... . . . . . ',DeparttneritApa�r al P.0 .. k. Date `3 7 v Daten voi. 33i pg. "I FUND DIV ACCT DR/CR ACCOUNT NAME- Increase Decrease 01000 56001000 65670000 CR Roads - Maintenance 18000o.00 WOOD 56001000 80715000 DR Roads - Capital 180,000.00 voi. 33i pg. "I x ` pOnp : 7l'�4%202,] BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 -40.4 777, er�^ ta f Coun " uge Approval i'.` FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 800.00 01000 13000100 71020000 DR Computer Contracts 2.800.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121- 40.5 FUND DEPARTMENT General Fund Commissioners' Court General Fund Court Support DIVISION CATEGORY DESCRIPTION Increase Decrease Contin eac D artmental Support 105 000.00 Criminal Contractual ervices 105 000.00 ._��.,f...��.ayefxSwE:,..�. ':.� .,.wr. � fC.w-:�<. st._....,,.<...::<.,r.�s�.csr+�:.<. . ,.�'-z,-ti.�zk;,�-.� ,tts.{.r.,.,+i u..t�s�ro,.<.te<..� ."°�m-' FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 105 000.00 01000 11010000 71025000 I Commissioners' Court and Court Support - Criminal Reallocation of funds to the appropriate de encs accomt to cover the cost ofsubstance & blooc analysis that is pmfonnedb the Texas Department ofPublic Safety. 7H412021 [DepatfinenALAffi&o 57 FocAcetluubn •B'..�`esOnt",,, �.�.. fi_ �,., ._��.,f...��.ayefxSwE:,..�. ':.� .,.wr. � fC.w-:�<. st._....,,.<...::<.,r.�s�.csr+�:.<. . ,.�'-z,-ti.�zk;,�-.� ,tts.{.r.,.,+i u..t�s�ro,.<.te<..� ."°�m-' FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 105 000.00 01000 11010000 71025000 DR Contract Services 105000.00 Fvoi.� Pg.2.8� BRAZOS COUNTY, TEXAS HUDGETjAMENDMENTS No. 20121- 40.6 411mIn s4 FUND DEPARTMENT GeneralFand Courts rt DIVISION CATEGORY DESCRIPTION Increase Decrease Civil Professional Services 1000.00 General Fund Court Su rt Probate Professional Services 1000.00 sx3+ DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11020000 72202000 CR Court Appointed Attorne - CCL #2 1000.00 01000 11060000 72202000 DR Court Appointed Attorne - CCL #2 1000.00 CourtSupport Reallocation of funds to the appropriatedepartment's account to cover the cost of court appointed attorney's for probate. orAcio'untiri Y .._., eS.On �Ai ... .. .f . a t' zz;:.a.' 'A'n'i? 'M -IM < e , ; ,bac#.t5 r s13n_ r Y y . ig' ��'� ? , .. � ..gym , �! A ale r sx3+ DIV ACCT DR/CR ACCOUNT NAME orAcio'untiri Y .._., eS.On �Ai ... .. .f . a t' zz;:.a.' 'A'n'i? 'M -IM < e , ; ,bac#.t5 r s13n_ r Y y . ig' ��'� ? , .. � ..gym , �! A ale r FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11020000 72202000 CR Court Appointed Attorne - CCL #2 1000.00 01000 11060000 72202000 DR Court Appointed Attorne - CCL #2 1000.00 Vol. 3�J� P9.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 40.7 fyt�_ W .�,F ?F 7 , d ,, tr,."hr.79"S`i&l'i FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease OI000 11001500 61130000 CR Contingenoy 13,500.00 01000 56005000 71015000 DR Citizen Collection Sites 13 500.00 and --.71t4/202- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 -40.5 � rtme 'fA royal 7. ;J ..}a:ce'. t _ e.�..: �`:4; mow. bQ P Vol._— 9.'A�00 �- FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 56001000 65670000 CR Road Maintenance 150 000.00 01000 56001000 80710000 DR ROW Acquisitions 150 000.00 P Vol._— 9.'A�00 BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 20121 -40.9 De ant -ProvaGF :4- , s .`` Date` U/yam 1w.;[Coun no Vol. Pg . !`� FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 56001000 71025000 CR Contract Services 20000.00 01000 56001000 65670000 DR Road Maintenance 20 000.00 Vol. Pg . !`� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 -40.10 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Commissioners' Court Improvement Fund Ca hal Capital Outla41,653.00 General Permanent Improvement Fund Exposition Center - Caital Capital 0 la41,653.00 General Permanent Improvement Fund Rea0ocation of funds to the appropriate departinenes accouat to purchase a replacement marquis at the Expo due a lighting stnike. — .jt;u ..u�..i ...s'��.t?-#.r„x.�.u's (De" "'otAQPioval r " Date . ,��"�,. - �'> Fan r FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 45000 63110001 80286000 CR Equipment - Other 41653.00 45000 63360001 80281000 DR Equipment - Electronic 41,653.00 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 -40.11 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Information Technology - Court - Non Capital Non -Capital Repair and Maintenance 5587.69 Commissioners' Information Technology - Court-NonCa ital Non -Capital Departmental Support 2,248.19 Commissioners' Information Technology - Court- Non Capital Non -Capital Contractual Services 337.63 Commissioners' Information Technology - Court - Non Capital Non -Capital Professional Services 3001.87 65440000 CR Network Maintenance 5.587.69 06000 14000006 60211000 DR Software -No Tae 2248.19 06000 14000006 71020000 DR Computer Contracts 337.63 06000 14000006 72590000 DR Professional Fees 3.001.87 Information Technology Reallocation of flmds to the appropriate dent's account to complete the VoIP Phone Line Inti tion CIP #21-586). IDePaftiiient%Ap ro-val _.. e�APP''fdval�Date...s .., ..amr-.. ,,.} -, ,m. - ....�,.4`•.m-f .: K• Ebq _. .J. f... 'zv. `5., d 3',e {. G,y 'e -r} Fi r-+..,.�. � `§ it"t eve M FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 06000 14000006 65440000 CR Network Maintenance 5.587.69 06000 14000006 60211000 DR Software -No Tae 2248.19 06000 14000006 71020000 DR Computer Contracts 337.63 06000 14000006 72590000 DR Professional Fees 3.001.87 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121-40.12 mnnrn1 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Facilities Services -Non- Court - Non Ca ital Ca ital Repair and Maietwance 14 865.00 Commissioners' Court -Noe Ca ital luvwile-Non-Ca ital Re air and Maintenance 14865.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 06000 /7000006 65052000 CR Carpentry and Buildine Remirs 14.865.00 06000 31000006 65052000 DR Camentry and Buildime Repairs 14 865.00 Commissioners'Ccurt -NonCapital Reallocation of funds to the appropriate departmenCs account to replace windows at the Juvenile Building CIP #21-597). iDepartritent'A' r 3.r.� - : •...a -Date - '.1 12021 3..z' F ForAcesu>niiii.Pira-WOWX%?inN R"^iC'? ., - _' ?l.�f `53.. F. w- ' r '�• 3 }... 6�'. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 06000 /7000006 65052000 CR Carpentry and Buildine Remirs 14.865.00 06000 31000006 65052000 DR Camentry and Buildime Repairs 14 865.00 Vol. 7 pg.� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 07-20-2021 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 Juvenile Detention Road and Bridge Tax Office Adams, Syndi Alvarado, Manuel Change of Status Change of Status Robinson, Arquetta Change of Status Approved in Commissioners' Court: 07-20-2021 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Personnel Change of Status I Jul 1S, 2021) Commissioners' Court Date: 07-20-2021 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Departrpent Name • ._. _ u :_Employee Name • . Juvenile Services - Detention Alegun, Aiboje Sheriff Office - Jail Administration Anderson, Re'Keita Juvenile Services - Detention Boone, Richard TaxAssessor- Collector - Administration Burkett, Natalie Juvenile Services - TAD - Pre & Post Adjudlcadon Davila, Jonathan Juvenile Services - Detention Fersd, Nicholas Sheriff Office -Jail Administration Gonzales, Melanie Juvenile Service - Detention Luckey JR, Gary Constable Precinct 4 - Administration Pres%ood, Paul Juvenile Services - Detention Quezada, Elizabeth Juvenile Services - Detention Webb, Brian Separations Deparoment Name Employee Name . Commissioners Court- Admin-stration Gallego, Candy Juvenile Services - Detention Gray, Dajaval Jail Medical Services Lovelady, Patricia Road & Bridge - Administration Martinez, Christopher Sheriff Office - Jail Administration Mendoza, Jordan Facilities Services - Administration Ortega, Julian Sheriff Office - Jail Administration Ortega, Simon Road & Bridge -Administration Pineda, Jonathan Juvenile Services - Detention Suarez, Max Approved in Commissioners' Court: 07-20-202 County Judge's or Commissioner's Signature:Ah (This Copy to be attached to minutes)